Common use of GRIEVANCE ARBITRATION PROCEDURE Clause in Contracts

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse understoodthat an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writingany case, to provide the nurse and Union with a formal written response setting out the Chairperson of Hospital's position on the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingmatter.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 12.01 The time limits specified in the Grievance/Arbitration Procedure shall not include Saturdays, Sundays and School Holidays. Time is of this Agreement, a the essence although the time limits may be extended by the consent of both parties in writing. 12.02 The purpose of the grievance/arbitration provisions is to ensure that any grievance is defined as processed in an expeditious manner; therefore, compliance with the provisions is mandatory. 12.03 The grievor(s) shall have the opportunity to be present at each step of the grievance procedure, and may be assisted by a difference arising between representative of the parties relating Association. 12.04 Any aggrieved employee shall submit a copy of the grievance to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrableAssociation. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses 12.05 A grievance shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager filed within ten twenty (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (1020) days following the Unit Manager's decision in date of the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, occurrence giving rise to the Unit Managergrievance, or when the grievor first became aware of the occurrence giving rise to the grievance. The grievance shall identify must include a statement of the following: (a) the name(s) of the aggrieved; (b) the nature of the grievance and the circumstances out of which it arose; (c) the remedy sought and should identify or correction the provisions of Board is requested to make; and (d) the section(s) where the Agreement which are alleged is claimed to be violated. An xxxxxxx effort shall be made to settle grievances fairly and promptly using the steps outlined below. The Unit Manager grievor will deliver her decision first seek to settle the dispute with their Principal or Supervisor. If the differences are not resolved, the grievor shall state the grievance in writing to the Principal or Supervisor with copies to the Association and Superintendent. Should the issue not be resolved satisfactorily within ten (10) days of the Principal, or Supervisor being notified, the grievance shall move to Step Two. The grievor will submit the grievance in writing to the Superintendent with a copy to the President of the Local within five (5) days of the submission of ten day period identified in Step One. A meeting between the grievance. Failing settlement, then: Within five parties shall take place within ten (510) days following the decision in Step No. 1, the nurse may submit after receipt of the written grievance to and the Director decision of Resident Care who the Superintendent will deliver her decisionbe rendered in writing within ten (10) days from the date of meeting at this step Failing settlement at Step Two, in writing, and within five (5) days after receipt of the written response from the date on which Superintendent, the written grievance was presented may be submitted in writing to herthe Chairperson of the Board of Trustees. Copies shall be provided to the Association and Superintendent. The parties maydecision of the Board will be rendered in writing within 10 days. Failing settlement at Step Three, if they so desire, meet to discuss the grievance at a time and place suitable may proceed by either of the parties to both partiesarbitration as hereinafter provided. 12.06 An Association grievance shall not be one of an individual nature. Failing settlement, then: Within An Association grievance shall be filed in writing within ten (10) days of receiving the decision under event giving rise to same, or when the Association becomes aware of the occurrence giving rise to the grievance and shall be submitted to the Superintendent. An Association grievance may proceed to Arbitration in the event resolution is not achieved at Step 2Two. 12.07 A Board grievance shall be filed in writing within ten (10) days of the event giving rise to same, or when the grievance, Board becomes aware of the occurrence giving rise to the grievance and shall be submitted to the Local President. A Board grievance may proceed to Arbitration in writingthe event resolution is not achieved at Step Two. 12.08 Association and Board grievances shall include the written statement as aforementioned. 12.09 Any dispute of a grievance that has been processed through all steps of the Grievance/Arbitration Procedure and is in accordance with the time limits specified (unless time limit changes were agreed to), may be referred to the Chief Executive Officer a Board of Arbitration as hereafter outlined. 12.10 Either party who shall call feels a meeting of the Grievance Committee satisfactory settlement has not been reached may within five ten (510) working days of receipt of same. the decision of the Chairman of the Board of the Employer with respect to an employee(s) grievance, or the decision of the Association in respect of a Board’s grievance, request Arbitration, by notifying the other party in writing of its desire to arbitrate, and submitting the names of suggested arbitrators. 12.11 Within five ten (510) days following the meetingworking days, the Chief Executive Officer party receiving the above notice shall replynotify the other party whether it agrees with any of the suggested arbitrators. 12.12 If the parties fail to agree on an Arbitrator, the appointment shall be made by the Federal Minister of Labour upon the request of either the Board or the Association. 12.13 The Arbitrator shall hear and determine the difference and shall issue an Award in writing, to the nurse and the Chairperson . The decision of the Grievance Committee. If Arbitrator is final and binding upon the decision is unsatisfactory to parties and upon any employee affected by it. 12.14 Each shall bear equally the nurse, it may be referred to arbitration within fifteen (15) days and expenses of the Chief Executive Officer so notified, in writingArbitrator.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 6.01 The purpose of this AgreementArticle is to establish a procedure for the settlement of grievances, the Employer and Union agreeing that it is of utmost importance to adjust grievances as quickly as possible. 6.02 An employee who has a grievance is defined as a difference arising between the parties complaint relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses Collective Agreement shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaintdiscuss his complaint with his supervisor/manager. Such a complaint shall be discussed with brought to the Unit Manager attention of the supervisor/manager within ten (10) working days after of when the circumstances giving rise to it have occurred the complaint were known or ought reasonably to have come been known to the attention of the nurse and failing settlement within five (5) days, it employee. The supervisor/manager shall then be taken up as a grievance state his decision verbally within ten (10) working days following of receiving the Unit Manager's decision in complaint. Step 1 Should the following manner and sequence: The nurse may submit employee be dissatisfied with the supervisor/manager’s disposition of the complaint, he may, with the assistance of his Union Xxxxxxx, refer such matter on a written grievance on form supplied by the form set out in Appendix "A", signed by her, Union to the Unit ManagerEmployee’s immediate supervisor or manager or his designee, who shall answer the grievance in writing to the Union within five working days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within seven (7) working days of receipt of the reply of the supervisor/manager. The grievance shall identify specify the nature of the grievance alleged violation of the Collective Agreement and the remedy sought and should identify general relief sought. Step 2 If no settlement is reached at Step 1, the provisions union may, within 7 days of the Agreement which are alleged date of the response provided to be violatedthe grievance provided at Step 1, request a meeting with representatives of management to discuss the grievance. Upon such a request, the grievor, a Union Xxxxxxx and representatives of management shall meet within seven (7) working days or at a time mutually agreed upon. The Unit Manager will deliver her decision Employer shall provide to the Union a Step 2 reply to the grievance in writing within five seven (57) working days following such a meeting. Step 3 If no settlement is reached at Step 2, the union may, within 7 days of the submission date of the response provided to the grievance provided at Step 2, request a meeting with representatives of management to further discuss the grievance. Failing settlementUpon such a request, then: Within five the grievor, a Union Xxxxxxx, the Union’s National Representative or Local President (5if requested by the Union), and representatives of management shall meet within seven (7) working days or at a time mutually agreed upon. The Employer shall provide to the Union a Step 3 reply to the grievance in writing within seven (7) working days following such a meeting. 6.03 The Employer will recognize a group grievance as one which affects more than one employee with respect to whom the decision in issues and facts are substantially the same. A group grievance shall commence at Step No. 1, 2. 6.04 The Union or the nurse Employer may submit initiate a Policy grievance beginning at Step 2 of the written Grievance Procedure. Such grievance to the Director of Resident Care who will deliver her decision, in writing, shall be filed within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) working days of receiving the decision under incident giving rise to the complaint and be in the form prescribed in Step 21. 6.05 Any grievance which has is not commenced or processed through the next stage of grievance procedure within the time frame specified in this article shall be deemed to have been dropped. However, time limits specified in the grievance, in writing, Grievance Procedure may be referred to extended by mutual agreement in writing between the Chief Executive Officer Employer and the Union. 6.06 An employee who shall call has successfully completed his probationary period who is discharged or suspended for more than seven (7) working days may file a meeting grievance at Step 3 of the Grievance Committee Procedure within five seven (57) working days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingafter such discharge or suspension.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 12.01 The time limits specified in the Grievance/Arbitration Procedure shall not include Saturdays, Sundays and School Holidays. Time is of this Agreement, a the essence although the time limits may be extended by the consent of both parties in writing. 12.02 The purpose of the grievance/arbitration provisions is to ensure that any grievance is defined as processed in an expeditious manner; therefore, compliance with the provisions is mandatory. 12.03 The griever(s) shall have the opportunity to be present at each step of the grievance procedure, and may be assisted by a difference arising between representative of the parties relating Association. 12.04 Any aggrieved employee shall submit a copy of the grievance to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrableAssociation. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses 12.05 A grievance shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager filed within ten twenty (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (1020) days following the Unit Manager's decision in date of the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, occurrence giving rise to the Unit Managergrievance, or when the griever first became aware of the occurrence giving rise to the grievance. The grievance shall identify must include a statement of the following: (a) the name(s) of the aggrieved; (b) the nature of the grievance and the circumstances out of which it arose; (c) the remedy sought and should identify or correction the provisions of Board is requested to make; and (d) the section(s) where the Agreement which are alleged is claimed to be violated. An xxxxxxx effort shall be made to settle grievances fairly and promptly using the steps outlined below. The Unit Manager griever will deliver her decision first seek to settle the dispute with their Principal or Supervisor. If the differences are not resolved, the grievor shall state the grievance in writing to the Principal or Supervisor with copies to the Association and Superintendent. Should the issue not be resolved satisfactorily within ten (10) days of the Principal, or Supervisor being notified, the grievance shall move to Step Two. The grievor will submit the grievance in writing to the Superintendent with a copy to the President of the Local within five (5) days of the submission of ten day period identified in Step One. A meeting between the grievance. Failing settlement, then: Within five parties shall take place within ten (510) days following the decision in Step No. 1, the nurse may submit after receipt of the written grievance to and the Director decision of Resident Care who the Superintendent will deliver her decisionbe rendered in writing within ten (10) days from the date of meeting at this step Failing settlement at Step Two, in writing, and within five (5) days after receipt of the written response from the date on which Superintendent, the written grievance was presented may be submitted in writing to herthe Chairperson of the Board of Trustees. Copies shall be provided to the Association and Superintendent. The parties maydecision of the Board will be rendered in writing within 10 days. Failing settlement at Step Three, if they so desire, meet to discuss the grievance at a time and place suitable may proceed by either of the parties to both partiesarbitration as hereinafter provided. 12.06 An Association grievance shall not be one of an individual nature. Failing settlement, then: Within An Association grievance shall be filed in writing within ten (10) days of receiving the decision under event giving rise to same, or when the Association becomes aware of the occurrence giving rise to the grievance and shall be submitted to the Superintendent. An Association grievance may proceed to Arbitration in the event resolution is not achieved at Step 2Two. 12.07 A Board grievance shall be filed in writing within ten (10) days of the event giving rise to same, or when the grievance, Board becomes aware of the occurrence giving rise to the grievance and shall be submitted to the Local President. A Board grievance may proceed to Arbitration in writingthe event resolution is not achieved at Step Two. 12.08 Association and Board grievances shall include the written statement as aforementioned. 12.09 Any dispute of a grievance that has been processed through all steps of the Grievance/Arbitration Procedure and is in accordance with the time limits specified (unless time limit changes were agreed to), may be referred to the Chief Executive Officer a Board of Arbitration as hereafter outlined. 12.10 Either party who shall call feels a meeting of the Grievance Committee satisfactory settlement has not been reached may within five ten (510) working days of receipt of same. the decision of the Chairman of the Board of the Employer with respect to an employee(s) grievance, or the decision of the Association in respect of a Board’s grievance, request Arbitration, by notifying the other party in writing of its desire to arbitrate, and submitting the names of suggested arbitrators. 12.11 Within five ten (510) days following the meetingworking days, the Chief Executive Officer party receiving the above notice shall replynotify the other party whether it agrees with any of the suggested arbitrators. 12.12 If the parties fail to agree on an Arbitrator, the appointment shall be made by the Federal Minister of Labour upon the request of either the Board or the Association. 12.13 The Arbitrator shall hear and determine the difference and shall issue an Award in writing, to the nurse and the Chairperson . The decision of the Grievance Committee. If Arbitrator is final and binding upon the decision is unsatisfactory to parties and upon any employee affected by it. 12.14 Each shall bear equally the nurse, it may be referred to arbitration within fifteen (15) days and expenses of the Chief Executive Officer so notified, in writingArbitrator.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes Section 18.1 A grievance is an alleged violation of a specific Article or Section of this Agreement, a grievance is defined as a difference . All grievances arising between the Union and the Employer shall be settled in accordance with the following procedures and terms of this Article. Extensions of timelines can be granted by mutual agreement by both parties relating in writing. A grievance involving the termination of an employee shall be submitted directly to Step 2. Grievances shall include the following: (a) Date of filing and date of occurrence. (b) Facts upon which grievance is based. (c) Reference(s) to the interpretation, application, administration or alleged violation Section(s) of the Agreement, including any question as Agreement alleged to whether a matter is arbitrablehave been violated. 8.02 In all steps (d) The remedy sought. (e) Identity of this xxxxxxxx(s). (f) The reason the Union disagrees with management’s decision from the previous Step (if appropriate). Step 1 Written Submission of Grievance Procedureto Supervisor and Human Resources Prior to submitting a grievance, both parties shall make a reasonable effort to settle the dispute. If the dispute cannot be resolved, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager employee and/or Union Representative within ten (10) days after workdays of the circumstances event giving rise to it have occurred or ought reasonably to have come the grievance shall submit a written grievance to the attention employee’s Supervisor and Human Resources. The Supervisor and Human Resources shall meet with the Grievant, the Shop Xxxxxxx and/or Union Representative for the purpose of resolving the nurse and failing settlement within five (5) daysgrievance. The Supervisor and/or Human Resources shall, it shall then be taken up as provide a written answer to the grievance within ten (10) days workdays following the Unit Manager's decision in grievance meeting. Step 2 Written Submission of the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, Grievance to the Unit Manager. The grievance shall identify designated Administrator (Xxxx or Vice President) If the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following Union is not satisfied with the decision in made at Step No. 1, 1 the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writingUnion Representative may, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days workdays following the receipt of receiving the decision under answer given in Step 21, submit the grievance in writing to the designated Administrator (Xxxx or Vice President) or designee, who will meet with the Union Representative and Xxxxxxxx to discuss the grievance, in writing, may be referred . The designated Administrator (Xxxx or Vice President) or designee shall provide a written answer to the Chief Executive Officer who shall call a meeting of the Grievance Committee grievance within five ten (510) days of receipt of same. Within five (5) days workdays following the meeting. Step 3 Submission to Mediation (optional) By mutual agreement, the Chief Executive Officer shall reply, in writing, parties may jointly submit the issue to mediation with the nurse Federal Mediation and Conciliation Service within ten (10) workdays following the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writinganswer given at Step 2.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of 47:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Agreement, a grievance is defined as a difference arising between Article: (a) grievances concerning the parties relating to the interpretation, application, administration interpretation or alleged violation of an Article of this Agreement; (b) grievances concerning the Agreementapplication, including any question as to whether interpretation or alleged violation of a matter is arbitrablesigned Memorandum of Understanding or a signed Memorandum of Agreement between the parties; (c) grievances concerning dismissal, suspension, demotion or a written reprimand of an employee. 8.02 In all steps of 47:02 The procedure for arbitrating grievances shall be the procedure as set forth in this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representativeArticle. 8.03 It is 47:03 Where a difference arises between the mutual desire parties hereto relating to a subject matter as outlined in Section :01, either of the parties hereto that complaints may, within twenty (20) working days from the receipt of the nurses decision at Step 2, notify the other party in writing of its desire to submit the difference or allegation to arbitration. 47:04 Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Section :03 shall be adjusted as quickly as possible, and it is understood that so state: (a) the parties will attempt to reach agreement on the selection of a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager single arbitrator within ten (10) days after working days; (b) where the circumstances giving rise party who receives the notice rejects the request for a single arbitrator or where the parties have failed to it have occurred or ought reasonably to have come to reach agreement on the attention selection of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance single arbitrator within ten (10) days following working days, the Unit Manager's decision in party initiating the following manner and sequence: The nurse arbitration proceedings may submit a written grievance on the form set out in Appendix "A", signed by her, name of its appointee to the Unit ManagerBoard in accordance with Section :06 within ten (10) working days; (c) a single arbitrator shall be considered to be an Arbitration Board for purposes of this Article. 47:05 By mutual agreement between the parties, the grievance matter may be referred to a mediator chosen by the parties or the parties may appoint the single arbitrator, chosen in accordance with 47:04 as a mediator/arbitrator. 47:06 Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Section :04 shall contain the first party's appointee to the Arbitration Board. The grievance following procedure will then apply: (a) the party who receives the notice shall identify within ten (10) working days of receiving the nature notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee; (b) the two (2) members of the grievance and Arbitration Board named by the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing parties shall, within five ten (510) working days of the submission appointment of the grievance. Failing settlementsecond of them, then: Within five appoint a third member of the Arbitration Board who shall be the Chairperson thereof; (5c) if either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice's absence, the Chief Justice of the Court of King's Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be; (d) the Chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not proceed unless the absent member has been given reasonable notice of sitting. 47:07 Where the matter is submitted to the Arbitration Board, the Arbitration Board shall commence hearings within ten (10) working days of the matter being submitted to the Board and shall hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make a decision thereon in the form of an award of the Arbitration Board. 47:08 The Arbitration Board shall hear and determine the difference or allegations and shall issue a decision, which decision shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it. 47:09 The Arbitration Board may summon before it any witnesses and require them to give evidence on oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it. 47:10 The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties. 47:11 Any of the time limits referred to above may be extended by mutual agreement of the parties hereto. 47:12 In the case of a three (3) person Arbitration Board the decision in Step Noof the majority shall be the decision of the Arbitration Board. 1If there is no majority, the nurse may submit decision of the written grievance Chairperson shall be the decision of the Board. 47:13 The Arbitration Board shall not have the power to add to, subtract from or modify or alter in any way the provisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties. 47:14 The Arbitration Board shall expressly confine itself to the Director issue submitted to the Board and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board. 47:15 Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employing Authority for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of Resident Care who will deliver her decisionthe dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in writing, within five lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances. 47:16 The expenses incurred by and in respect of an Arbitration Board shall be paid as follows: (5a) days from the date parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the chairperson of the Arbitration Board; (b) each party to the arbitration shall pay the remuneration and expenses of the member of the Arbitration Board named or appointed by or on which behalf of that party; (c) each party to the written grievance was presented arbitration shall pay the fees and expenses of witnesses called by that party to her. give evidence before the Arbitration Board; (d) each party to the arbitration shall pay the fees and expenses of any counsel appearing before the Arbitration Board on behalf of that party; (e) the parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in conducting the arbitration. 47:17 The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting hereto agree that an employee of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse Government and the Chairperson a staff member of the Grievance Committee. If Manitoba Government and General Employees' Union shall not be eligible for appointment as a member of the decision is unsatisfactory Arbitration Board or to act as a member of the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingArbitration Board.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 31:01 Within twenty (20) working days after receiving the Board of Directors reply and failing a satisfactory settlement, either party may refer the dispute to arbitration by giving notice to the other party in writing. 31:02 Where a grievance is referred to arbitration, the following list of arbitrators shall serve on a rotating basis as sole arbitrator: (a) Xxxx Xxxxxxxx (b) Xxxxx Xxxxxx (c) Xxxxxxx X. Xxxxxx 31:03 The arbitrator so appointed shall not be empowered to make any decision inconsistent with the provisions of this Agreement, or to modify or amend any portion of this Agreement. 31:04 The arbitrator shall determine his own procedure, but shall provide full opportunity to all parties to present evidence and make representations. The arbitrator shall hear and determine the dispute and render a grievance is defined as a difference arising between decision within thirty (30) calendar days from the parties relating to the interpretation, application, administration or alleged violation conclusion of the Agreement, including any question as to whether a matter is arbitrablehearing. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire 31:05 The final decision of the parties hereto that complaints of the nurses arbitrator shall be adjusted as quickly as possiblefinal and binding and enforceable on all Parties and may not be changed, and it is understood except that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement either party may apply within five (5) days, it shall then be taken up as a grievance within ten (10) calendar days following to have the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing arbitration reconvened within five (5) further days in order to clarify the decision. 31:06 Each party shall pay one-half (½) of the submission fees and expenses of the grievance. Failing settlement, then: Within five (5) days following the decision arbitrator. 31:07 Nothing in Step No. 1, the nurse may submit the written this Agreement shall preclude settlement of a grievance to the Director of Resident Care who will deliver her decision, by mutual agreement in writing, within five (5) days from the date on which the written grievance was presented to her. any manner whatsoever. 31:08 The parties may, if they so desire, meet to discuss time limits in both the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, arbitration procedures may only be referred to the Chief Executive Officer who extended by mutual agreement and shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, confirmed in writing. 31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not xxx the Employer in the ordinary courts. 31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes A. Subject to any limitations of this Agreementexisting law, a grievance grievance, is defined as a difference arising between dispute concerning the parties relating to the interpretation, application, administration application or alleged violation interpretation of the Agreementterms of this Agreement or a claimed violation, including any question as to whether a matter is arbitrablemisinterpretation or misapplication of the rules or regulations of the Employer affecting the terms and conditions of employment, and may be settled in the following manner. 8.02 In all steps of this Grievance Procedure, Step 1: The Union Xxxxxxx with the aggrieved nurseemployee shall discuss the grievance with the employee’s immediate supervisor within thirty (30) days, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is from the mutual desire date of the parties hereto that complaints of events or conditions, or their knowledge thereof, which provide the nurses basis for the grievance. The employee’s immediate supervisor shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given attempt to adjust the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager matter within ten (10) calendar days after of the circumstances giving rise to it have occurred or ought reasonably to have come presentation of the grievance. Step 2: If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the attention of employee’s next higher supervisor on a form to be provided by the nurse Employer and failing settlement approved by the Union within five (5) calendar days following the completion of Step 1. The supervisor shall meet with and discuss the grievance with the Union Xxxxxxx, the President of the Local Union or their designee and the aggrieved employee within five (5) calendar days of the written appeal. An answer to the grievance shall be submitted to the aggrieved employee and to the President of the Local Union in writing on the said form within five (5) calendar days. Notwithstanding the foregoing, the Union may on its own initiative file a grievance as to any subject matter affecting more than one Department or Director, provided (i) that it does so in a writing that reasonably describes the subject matter(s) grieved, (ii) that it delivers a copy of the writing with the Employer’s Director of Labor Relations, and (iii) that the Union’s grievance is delivered to the Office of the Director of Labor Relations, within thirty (30) days after the reason for the grievance arose, discuss the grievance within fifteen (15) days after it was delivered to the Director. The Director shall then in any event answer or respond to the grievance, in a writing that is addressed to the Union’s President, within twenty (20) days after it was delivered, and thereafter, the grievance shall proceed to Step 3. All other grievances must be taken up filed with the employee(s) immediate and next level supervisor as provided in Steps 1 and 2 of this Agreement. Step 3: If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer within five (5) calendar days following the completion of Step 2. Within five (5) calendar days of such an appeal, the Chief Executive Officer or management representative designated by them shall meet with the Union Xxxxxxx, the President of the Local Union, a council representative and the aggrieved employee to discuss the grievance. The Chief Executive Officer or their designee shall respond in writing on the said form within ten (10) calendar days thereafter. Step 4: The Step 3 decision may be appealed in writing to the Board within five (5) school days after the Step 3 decision has been received. The Board, sitting as a whole, by committee, or by designee, shall hear the grievance within fifteen (15) school days following receipt of the appeal and shall render its decision not later than ten (10) school days following said hearing. The Board, at its option, may waive Step 4, in which case the Union may press the matter to arbitration. Step 5: If the grievance has not been satisfactorily resolved in Step 4, a review by an impartial arbitrator may be requested within seven (7) calendar days following the completion of Step 4, by filing a written notice with the Board Executive. (a) If the grievance has not been satisfactorily resolved within ten (10) days following the Unit Manager's decision in completion of Step 4, then either the following manner and sequence: The nurse Union or the Employer, but only the Union or the Employer, may submit request that the grievance be arbitrated before a written grievance on neutral arbitrator selected for that purpose. A copy of the form set out in Appendix "A", signed by her, notice or demand for arbitration shall be delivered to the Unit Manager. The grievance shall identify the nature Office of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer Officer. Thereafter, either party may request the Federal Mediation and Conciliation Service to provide the Board Executive a list of seven (7) arbitrators who shall call a meeting each are members of the Grievance Committee within five (5) days National Academy of receipt of sameArbitrators, FMCS Sub-Regional or Metropolitan Area. Within five (5) days following An arbitrator shall be chosen by alternately striking names from the meetinglist, the Chief Executive Officer last name remaining being the arbitrator chosen. The decision of the arbitrator shall reply, in writing, be final and binding on all parties to the nurse arbitration. (b) The arbitrator shall be without power to add to, subtract from, change or alter any provision of the Agreement, Board policy, or of applicable State or local law. (c) The arbitrator shall confine himself to the precise question presented for arbitration and shall have no authority to determine any other question. (d) The arbitrator may hear or decide more than one (1) grievance if jointly requested by the parties, or, when more than one grievance has been consolidated by the parties for attempted grievance adjustment prior Step 4. (e) The cost for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Employer and the Chairperson Union. B. Time limits under this Article may be changed by mutual agreement. C. If the finding or resolution of a grievance at any step of the Grievance Committeeprocedure is not appealed within the prescribed time said grievance will be considered settled on the basis of the last answer provided, and there shall be no further appeal or review. If Should the decision is unsatisfactory Employer not respond within the prescribed time, the grievance will proceed to the nurse, it next step. A grievance may be referred advanced to the next step at anytime after the time for an answer has expired, even though an answer has not been issued. A grievance must be timely advanced once it is answered by management. D. The cost of any arbitration within fifteen (15) days proceedings under this Agreement shall be equally divided between the Employer and the Chief Executive Officer so notifiedUnion. E. In computing the time limits under this Article, the date of the preceding event shall be counted. F. The procedures for processing any grievance arising out of any discharge, reduction in writingpay or position, or suspension shall be as prescribed in Article 22 hereof. No resolution of a grievance shall expand or otherwise amend the terms of this Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 14:01 Terms of Reference a) The purpose of the grievance procedure is to secure, at the lowest possible administrative level, solutions to complaints and/or grievances. b) Time limits are mandatory and may only be amended by written mutual agreement of both parties. c) A complaint and/or grievance under this Agreement, a grievance is Agreement shall be defined as a difference arising between or dispute by a Teacher or a group of Teachers or by the parties relating Board or by the Association (on behalf of a Teacher, Teachers or the Bargaining Unit), which relates to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrablethis Agreement and shall be processed in accordance with this Article. 8.02 In all steps 14:02 Informal Stage Complaint a) The teacher(s) or designate, having a complaint arising out of this Grievance Procedurethe Collective Agreement shall notify her/his immediate supervisor. b) The immediate supervisor shall arrange a meeting for the purpose of responding within five (5) school days after the receipt of the complaint. c) Failing satisfaction with the reply, the aggrieved nursecomplainant may proceed with formal grievance process. 14:03 The grievance shall: a) stipulate the name of the grievor; b) identify the grievor’s work location; c) outline the nature of the grievance; d) specify the date on or about which the incident giving rise to the grievance occurred; e) identify the specific clause which has been allegedly violated, if desiredmisinterpreted or misapplied and the redress requested. The grievance shall be signed by the President of the Association/designate and the Grievance Officer of the Association. 14:04 Any grievance which is not commenced or carried through to the next stage in the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned, and no further action may be accompanied taken with respect to such grievance. If the stipulated time limits are not met by or represented by a nurse representativethe Party against whom the grievance is being lodged, the grievor shall have the right to pursue the grievance at the next step of the procedure. 8.03 a) It is the mutual desire mutually agreed that a grievance must be submitted within thirty-five (35) school days of the parties hereto that complaints knowledge of the nurses incident giving rise to the grievance. b) Requests for an extension of timelines in Article 14:05 a) shall not be adjusted as quickly as possible, and it is understood that unreasonably denied. 14:06 A grievance pursuant to this Agreement shall proceed according to the following steps: Step I: The Association on behalf of the grievor shall submit the grievance to the Superintendent of Human Resources. The Superintendent of Human Resources shall give a nurse has no decision to the grievance until she has first given in writing to the Unit Manager Association on behalf of the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager grievor within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) school days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify Superintendent of Human Resources may arrange a meeting with the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer grievor who shall call be accompanied by a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Unit Release Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingor designate.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer Administrator who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer Administrator shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer Administrator so notified, in writing.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising 8.1 Any dispute which arises between the parties relating involving the application or interpretation of this Agreement may be grieved in accordance with this Article. (Written responses from management shall be sent to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance ProcedureLocal President, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possibleMEA office, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) dayscopies to the Secretary for distribution). 8.2 Step 1 - Oral Presentation An aggrieved employee, it promptly, but in no event later than six (6) working days after the employee/s had knowledge of the facts giving rise to the grievance, shall notify his/her/their supervisor that s/he/they have a grievance. A conference shall then be taken up as a grievance within ten (10) days following take place between the Unit Manager's decision in the following manner affected employee/s and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by his/her, to the Unit Manager/their supervisor and any administrator directly involved. The grievance conference to attempt to resolve the dispute shall identify take place within three (3) working days of the nature date the grievant/s notified the supervisor of the grievance and prior to the remedy sought and should identify the provisions submission of the Agreement which are alleged to be violatedformal written grievance. The Unit Manager employer will deliver her decision have six (6) working days in which to reply in writing. 8.3 Step 2 - Presentation of the Grievance in Writing The xxxxxxx or alternate or his designee, shall submit the written grievance to the Supervisor of the Department within six (6) working days of the step 1 response, if the grievance has not been resolved at Step 1. The supervisor of the department shall respond in writing within five (5) days. The day of submission is not considered the first day. 8.4 Step 3 - Submission to the Human Resources Department If the grievance is not resolved as a result of the Step 2 response, it shall be presented in writing by the Union to the Human Resources Department within ten (10) working days after the response of the Supervisor is due. Upon receipt of the written grievance, the Employer shall set a time and place during working hours, within the next ten (10) work day period for a hearing of the grievance with the aggrieved employee(s), his/her/their xxxxxxx, and a reasonable number of union officials. In such a case, the Employer shall make arrangements for the employee(s), the employee's xxxxxxx, and Union officials to be excused from work for the hearing. The Senior Executive Director for Human Resources or his/her designee shall respond in writing within ten (10) working days following the Step 3 hearing. 8.5 Step 4 - Arbitration If the grievance is not resolved as a result of the Step 3 grievance hearing, the Union may request arbitration on the grievance within thirty (30) days of the submission Step 3 response. A copy of the grievancenotification of intent to arbitrate will be forwarded to the Superintendent or his designee. Failing settlementThe Union will have thirty (30) days after notification of intent to arbitrate in which to submit for arbitration. 8.6 The arbitration proceeding shall be conducted in accordance with the rules of the American Arbitration Association by an arbitrator to be selected by the Employer and the Union within seven (7) days after notices have been given. If the parties fail to select an arbitrator, then: Within the American Arbitrator Association shall be requested by either or both parties to provide a panel of five (5) days following arbitrators. Both the decision in Step NoEmployer and MEA Local Four shall have the right to strike two (2) names from the panel. 1The party requesting arbitration shall strike the first name, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five other party shall then strike one (51) days from the date on which the written grievance was presented to hername. The parties mayprocess will be repeated and the remaining person shall be the arbitrator. 8.7 Expenses for the arbitrator's services and the proceeding shall be borne equally by the Employer and the MEA Local Four. However, if they so desire, meet to discuss the grievance at each party shall be responsible for compensating its own representatives and witnesses. If either party desires a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting verbatim record of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurseproceedings, it may cause such a record to be referred made, provided that it pays for the record and makes copies available without charge to arbitration within fifteen (15) days the party and to the Chief Executive Officer so notifiedarbitrator. 8.8 The findings of the arbitrator shall be final and binding on both parties. 8.9 The arbitrator will have no power to alter, add to, or subtract from the terms of this Agreement. 8.10 If an employee is required during the workday to participate on behalf of the Union with any representative of the school board in writingany grievance procedure, including arbitration, said employee shall be released from assigned duties without loss of salary. 8.11 The Union, upon the mutual consent of the Board, may process a grievance in an expedited manner by processing it immediately to step 3 or to step 4.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes Section 19.1 A grievance is an alleged violation of a specific Article or Section of this Agreement, a grievance is defined as a difference . All grievances arising between the Union and the Employer shall be settled in accordance with the following procedures and terms of this Article. Extensions of timelines can be granted by mutual agreement by both parties relating in writing. Both parties shall make a reasonable effort to settle the dispute before written submission of the grievance. A grievance involving the termination of an employee shall be submitted directly to Step 2. Grievances shall include the following: (a) Date of filing and date of occurrence. (b) Department. (c) Detailed facts upon which grievance is based. (d) Reference(s) to the interpretation, application, administration or alleged violation Section(s) of the Agreement, including any question as Agreement alleged to whether a matter is arbitrablehave been violated. 8.02 In all steps (e) The remedy sought. (f) Identity of this grievant(s). (g) The reason the Union disagrees with management’s decision from the previous Step (if appropriate). Step 1 - Written Submission of Grievance Procedureto Department Director and/or Supervisor If the dispute cannot be resolved, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is employee and/or the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager employee’s Shop Xxxxxxx within ten (10) days after workdays of the circumstances event giving rise to it have occurred the grievance or ought reasonably to have come any informal resolution meeting, shall submit a written grievance to the attention Department Director or Supervisor, Grievant, the Shop Xxxxxxx and/or Union Representative shall meet for the purpose of resolving the nurse and failing settlement within five (5) daysgrievance. The Department Director or Supervisor shall, it shall then be taken up as provide a written answer to the grievance within ten (10) days workdays following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Managermeeting. The grievance shall identify the nature Step 2 - Written Submission of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged Grievance to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following Human Resource Director If the decision in Step No. 11 does not settle the grievance, the nurse may Union Representative or Shop Xxxxxxx may, within ten (10) workdays following the receipt of the decision in Step 1 submit the written grievance to the Human Resources Director or designee for the purpose of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet arranging a meeting to discuss the grievance at a time and place suitable to both partiesgrievance. Failing settlement, then: Within The meeting shall be held within ten (10) days workdays following receipt of receiving the written grievance and shall be attended by the Union Representative or Shop Xxxxxxx, employee and Human Resources Director. The Human Resources Director shall provide a written answer to the grievance within ten (10) workdays following the meeting. Step 3 - Submission of the Grievance to the CEO/President or Designee If the employee is not satisfied with the decision under made in Step 2, the grievanceUnion Representative may, within ten (10) workdays following the answer given in writingStep 2, may be referred submit the grievance in writing to the Chief Executive Officer President and CEO or designee, who will meet with the employee and the Union Representative within ten (10) workdays to settle the grievance. The President and CEO or designee shall call provide a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, written answer to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration grievance within fifteen ten (1510) days and the Chief Executive Officer so notified, in writingworkdays.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, agreement including any question as to whether a matter is arbitrable. 8.02 . 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 all steps the case of suspension or discharge the Hospital shall notify the employee of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 right advance. his It is the mutual desire of the parties hereto that complaints of the nurses employees shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with the Unit Manager supervisor within ten nine (109) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse employee and failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten nine (109) calendar days following the Unit Manager's advice of his decision in the following manner and sequence: The nurse employee may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit Managerhis immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager supervisor will deliver her his decision in writing within five (59) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five nine (59) calendar days following the decision in under Step NoNu. 1, the nurse employee may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five nine (59) calendar days from the date on which the written grievance was presented to herhim. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both partiesemployee's immediate supervisor and Department Head are the same person. Failing settlement, settlement then: Within ten nine (109) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) calendar days following the decision in Step No. Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance 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 Employees and the may be present at the meeting. It is further understood that the Hospital 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 calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application alleged violation of the Chief Executive Officer Agreement shall reply, in writing, be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the nurse or grievance. It 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 institute and the Chairperson 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 circumstances giving rise tu the grievance have occurred or ought reasonably to have cane to the attention of the Grievance Committee. If The grievance shall then be treated as being initiated at Step and the decision is unsatisfactory applicable provisions of this Article shall then apply with respect to the nurse, it 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 referred to arbitration within fifteen (15) days and settled under the Chief Executive Officer so notified, in writing.Grievance or Arbitration Procedure by:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Employer will inform the employee in advance of her right to obtain Union Representation. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 a) It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she has first given the Unit Manager her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerher immediate supervisor's decision in the following manner and sequence: : b) The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe grievor and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if she so desired, by her union xxxxxxx. The grievance shall identify the nature of the grievance and grievance; the remedy sought sought, and should identify specify the provisions of the Agreement which that are alleged to be have been violated. . c) The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writingany case, may be to provide the Union with a formal written response setting out the Hospital’s position on the matter. d) During the thirty (30) day resolution period referred to above, the Chief Executive Officer who shall call parties will attempt to resolve the matter(s) in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the meeting(s) shall include the Union Grievance Committee within five Committee. e) Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). In determining a date for the meeting the parties will consider: (5i) days of receipt of same. Within five the time needed for research, consultation and preparation for the meeting(s) and, (5ii) days following the time needed, after the meeting, and before the Chief Executive Officer shall reply, in writingexpiry of the thirty (30) day period, to conduct follow-up activities including the nurse and possibility of holding further meetings. For these reasons the Chairperson of initial meeting will generally take place during the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.middle ten

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 (1) It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: : (2) The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (3) The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writingany case, may be to provide the Union with a formal written response setting out the Hospital's position on the matter. (4) During the thirty (30) day resolution period referred to above, the Chief Executive Officer who shall call parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee within five Committee. (5) days of receipt of same. Within five Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the (56) days following In resolving the dispute, the parties will hold the meeting, the Chief Executive Officer shall reply, in writingand any other meetings as may be agreed, to thoroughly consider the nurse grievance and attempt to find a resolution. The governing principle will be that the Chairperson parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. (7) If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written response to the grievance by the end of the Grievance Committee. thirtieth (30th) day following the date of the filing of the grievance. (8) The Union will then have a period of fourteen (14) calendar days from the date of the Hospital’s response to determine if the response is acceptable, or will refer the matter to arbitration. (9) If the decision grievance is unsatisfactory filed by the Hospital, the Union will provide a response by the end of the thirtieth (30th) day following the date the grievance was filed. The Hospital will have fourteen (14) calendar days from the date of the Union’s response to determine if it will accept the nurse, it may be referred Union’s response or will refer the matter to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingarbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. 8.02 For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1, the nurse employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance xxxxxxxxx was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five 3 unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager parties will deliver her decision have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in writing within five any case, to provide the Union with a formal written response setting out the Hospitals position on the matter. During the thirty (530) day resolution period referred to above, the parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee. Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution In determining a date for the meeting the parties will consider: the time needed for research, consultation and preparation for the and, the time needed, after the meeting, and before the of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place during the middle ten days of the submission thirty (30) day period. In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the patties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written response to the grievance by the end of the thirtieth (30th) day following the date of the filing of the grievance. Failing settlement, then: Within five The Union will then have a period of fourteen (514) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following Hospitals response to determine if the meetingresponse is acceptable, or will refer the Chief Executive Officer shall reply, in writing, matter to the nurse and the Chairperson of the Grievance Committeearbitration. If the decision grievance is unsatisfactory filed by the Hospital, the Union will provide a response by the end of the thirtieth (30th) day following the date the grievance was filed. The Hospital will have fourteen (14) calendar days from the date of the Unions response to determine if it will accept the nurse, it may be referred Unions response or will refer the matter to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingarbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is ‌ A “grievance” shall be defined as a difference arising between claim or dispute raised by an employee or the parties relating Union with respect to the interpretation, application, administration application or alleged violation interpretation of the terms of the Agreement, including any question as to whether a matter is arbitrable. 8.02 Section 1. Every effort will be made by the employees to settle all issues in dispute with their immediate Supervisor. In all steps the event the employee and the Supervisor are unable to arrive at a satisfactory adjustment of this Grievance Procedurethe issue, and if the employee wishes to pursue the matter, the aggrieved nurse, if desired, may be accompanied by or represented by employee must submit a nurse representative. 8.03 It is the mutual desire written notice of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of Human Resource Manager and to the nurse and failing settlement Union within five (5) daysworking days of the date of the occurrence of the incident giving rise to the grievance or the claim is nullified. Such written notice must cite the nature of the alleged grievance, it must specify the particular Article and Section of this Agreement which they believe has been violated and must be signed and dated by the employee. The Union shall then be taken up as a grievance within take no action until the Employer has had ten (10) working days following to investigate and consider the Unit Manager's decision in matter and to advise the following manner employee and sequence: The nurse Union of the action taken. At such time, either party may submit request a face-to-face meeting to attempt to resolve the grievance. Section 2. If satisfactory disposition of the matter is not reached within twenty (20) working days from the date the written grievance on was first received by the form set out in Appendix "A"Employer, signed by her, the matter then shall be subject to the Unit Managermediation and arbitration procedure as outlined in this Agreement. The time limit set forth for handling grievances pursuant to this Agreement may be extended upon mutual agreement between the Union and the Employer. The properly accredited officers or representatives of both parties to this Agreement shall be authorized to settle any alleged grievance shall identify arising out of the nature interpretation of this Agreement. Section 3. It is the policy of this Union that personal differences between members of the Union will be settled outside of the grievance procedure. All issues raised by members of this Union will be reviewed by the Shop Xxxxxxx and the remedy sought Union Business Agent before becoming a formal grievance. Section 4. Upon mutual agreement between both the Employer and should identify the provisions Union, mediation with the Federal Mediation and Conciliation Service (FMCS) can be pursued as a means of resolving the dispute prior to submission to arbitration. In the event a resolution of the Agreement which are alleged dispute cannot be reached in mediation, the matter may proceed to arbitration. If a grievance cannot be violatedresolved by the parties, the matter may be submitted to arbitration before a neutral selected through the American Arbitration Association (AAA). The Unit Manager will deliver her decision in writing Arbitration must be demanded within five (5) working days of the submission conclusion of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to hermediation. The parties maywill request a list of seven (7) qualified arbitrators and shall make their selection by exercising mutual strikes until one name remains. For the first arbitration under the term of this Agreement, if they so desire, meet the parties will toss a coin to discuss determine who strikes first. The first strike shall then be alternated for each successive arbitration panel struck. The decision of the grievance at a time Arbitrator shall be final and place suitable to both binding upon the parties. Failing settlement, then: Within ten (10) days The costs of receiving mediation shall be equally shared by the decision under Step 2, parties. Each party shall be responsible for the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting preparation and presentation of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingtheir own case.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. 8.02 For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1, the nurse employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five 3 unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 12.01 Where a difference arises between the parties relative to the interpretation, application or administration of this Agreement, the matter shall be adjusted under the following provisions or in accordance with section 133 of the Labour Relations Act. 12.02 It is understood and agreed that an employee has no grievance until an opportunity has been given to his/her supervisor to adjust a complaint. The employee may have the assistance of a xxxxxxx to discuss the matter. The complaint must be presented to his/her supervisor within five (5) working days of the incident giving rise to the complaint. If the complaint cannot be resolved, it shall be presented to the general manager as a grievance within five (5) working days ofthe failure to resolve the complaint by the supervisor. Promark-Telecon Inc. 13 12.03 All grievances shall be in writing and set down all details related to the grievance including all relevant articles of the collective agreement. 12.04 Upon receiving the grievance the general manager may allow or deny the grievance communicating his decision in writing, delivered to the grievor and the Union Representative within five (5) working days of the date of grievance. 12.05 Upon receiving the general manager’s decision, if unresolved, the grievance may be referred to arbitration by the union if Notice of Referral is defined made in writing to the general manager within seven (7) working days from of receipt of the general manager’s written decision. (a) Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, vacation and statutory holiday pay, shift premium, travelling expenses, room and board allowances, reporting allowances and dues may be brought forward within three (3) months of such alleged violations. It is further understood that such grievances may be retroactive to the first day of the alleged violation. (b) Benefit grievances shall be brought forward within twelve (12) months after the circumstances, giving rise to the grievance becoming known or ought reasonably to have become known to the Union. It is further understood that the adjustment of any such grievances shall be retroactive to the first day of the alleged violation within the twelve (12) month period. (c) The Union agrees to save the Employer harmless from any and all claims which may be made against the Employer for amounts deducted as a difference arising between the parties relating herein provided, see article 6.03. 12.06 A union policy grievance shall relate to the interpretation, application, application or administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may Agreement on a subject that cannot be accompanied grieved by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses an individual employee. A union policy grievance shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given submitted in writing to the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager general manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) working days from the date on which that the written grievance was presented to her. The parties may, if they so desire, meet to discuss subject matter of the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred became known to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingunion.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 2401 Any complaint or dispute arising between a Registered Nurse and the Employer concerning the interpretation or application of the provisions of this Agreement, or any questions relating to hours of work, or other conditions of employment, shall be resolved in accordance with this Article. A grievant Registered Nurse and an Association Representative will be afforded reasonable administrative time to review and handle the grievance. 2402 It is the intent of the Parties that differences should be resolved promptly, equitably, and whenever possible on an informal basis at the immediate supervisory level. The prompt settlement of complaints is desirable in the interest of sound labor-management relations. Informal verbal discussion of complaints between the Registered Nurse and the immediate supervisor is required prior to initiating a grievance. An Association Representative may attend such meetings when requested by the Registered Nurse. 2403 This Article, except as required by law, or where specifically excluded, is the exclusive procedure for the adjustment of grievances by Registered Nurses or by the Parties. Grievances may be presented and processed by; (a) a Registered Nurse individually, in which case the Association Representative shall have the right to be present during the proceedings; (b) a Registered Nurse represented by the Association; (c) the Association on behalf of one or more Registered Nurses; (d) the Association on its own behalf; or (e) the Employer on its own behalf. 2404 Grievances under Paragraph 2403 concerning appropriate matters relating to the employment of a Registered Nurse will be submitted to the Registered Nurse’s immediate supervisor. When a grievance is reduced to writing, it will state specifically the condition being grieved, the remedy sought, and must be signed and dated by the Registered Nurse and by the Association Representative, where designated. 2405 Grievances must be submitted within fifteen (15) workdays after the incident which gave rise to the grievance, unless the circumstances of the case made it impossible for either the Registered Nurse or the Association to know there were grounds for a grievance prior to that date. In such event, a grievance to be timely must be presented within fifteen (15) workdays after the grievant first knew of such grounds. These grievances will be considered only after the informal verbal discussions specified in Paragraph 2402. As used in this Article, workdays shall be defined as Monday through Friday except holidays. 2406 Grievances shall be processed in the following manner: 2407 Step I Within five (5) workdays of receipt of the original grievance, the Registered Nurse’s supervisor shall hold a difference arising between meeting with the parties relating Registered Nurse and the designated Association Representative to discuss the matter. The supervisor’s written response will be provided to the interpretation, application, administration or alleged violation Registered Nurse within five (5) workdays of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Proceduremeeting. If the response does not resolve the issue, the aggrieved nurseRegistered Nurse or the Association may appeal the grievance to Step 2. 2408 Step 2 The Registered Nurse and/or the Association shall submit a written grievance, if desiredon a form provided by the Association, may be accompanied by or represented by a nurse representative. 8.03 It is to the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager Chief Nursing Service within ten (10) days after workdays following receipt of the circumstances giving rise to it have occurred or ought reasonably to have come written decision in Step 1. A Step 2 meeting shall be conducted. The Registered Nurse will be provided with a written response to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days workdays after the final Step 2 meeting. If the response does not resolve the grievance the Registered Nurse and/or the Association may appeal the grievance to Step 3. 2409 The Parties agree to raise any questions of grievability or arbitrability of an issue prior to the time limit or the written answer in Step 2. All disputes of grievability or arbitrability shall be referred to arbitration as a threshold issue in the related grievance. 2410 Step 3 The Registered Nurse, and/or the Association may appeal the grievance in writing to the Hospital Director or designee within ten (10) workdays of the Step 2 response, after which a Step 3 meeting shall be conducted. The Hospital Director or designee shall give written answer to the grievance within ten (10) workdays following completion of the Step 3 meeting. 2411 Discipline Grievances 2412 Grievances concerning disciplinary action issued locally will be submitted directly to a management representative above the level initiating the disciplinary action. Disciplinary grievances must be submitted within fifteen (15) workdays following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit ManagerEmployer’s disciplinary action. The Registered Nurse’s grievance shall identify the nature of the grievance and the remedy sought and should identify will be considered under the provisions of the Agreement Step involved. 2413 Institutional Grievances 2414 Grievances concerning interpretation or application of the Agreement, or any law, rule, or regulation affecting conditions of employment, but which are alleged to does not concern the employment of any single Registered Nurse, will be violatedresolved through the following institutional procedure. 2415 Either Party may raise an issue concerning a matter as cited above. The Unit Manager will deliver her decision in writing within five (5) days designated representatives of the submission Parties will meet and attempt to resolve the dispute informally. 2416 In the event the dispute is not resolved, the Association President or designee, or the Hospital Director or designee, whichever is the moving Party, may file a written request for the other’s official position in the matter pending. Such request will clearly state that the issue is being grieved, and will contain a statement of dispute and the position of the grievancemoving Party. Failing settlementThe responding Party will have twenty (20) workdays in which to provide an answer in writing. 2417 If there is no response in twenty (20) workdays, then: Within five (5) days following or if the decision in Step No. 1written response does not resolve the dispute, the nurse moving Party may submit proceed to Arbitration. 2418 Meetings held under this procedure are not an adversary process. They are fact finding discussions conducted by the written Parties in an attempt to reach an agreement. Written documents may be incorporated with the grievance or incorporated in a request for review. Open and xxxxx discussions of the problems are encouraged. Only issues that are relevant to the grievance as initially filed may be raised. 2419 Time Limits 2420 The time limits at any step of the grievance procedure may be extended by the mutual agreement of the Parties. If a time limit is not observed by the Registered Nurse and/or the Association, the grievance shall be considered settled. Should the Employer fail to meet any time limits, the Registered Nurse and/or the Association may advance the grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to hernext step. The parties may, if they so desire, meet Parties may mutually agree in writing to discuss the grievance at a time and place suitable waive any step in this procedure. 2421 Appeal to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Arbitration 2422 If no mutually satisfactory settlement is reached in Step 23, the grievance, in writing, Association may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred appeal to arbitration within fifteen (15) days workdays of the date of receipt of the Director’s or the designee’s written decision. All time limits of this Article may be extended by mutual consent of the Parties to this Agreement. 2423 Arbitration Procedure 2424 Only those grievances processed through the grievance procedure may be submitted to Arbitration. Appeals to Arbitration must be made within fifteen (15) workdays following receipt of the written Step 3 grievance decision, or the institutional procedure response. The moving Party shall notify the other in writing that arbitration is requested and of the general reasons for the appeal. Only the Association or the Employer may invoke arbitration. No Registered Nurse may singularly bring a grievance to arbitration without the Association’s sanction. 2425 Within five (5) workdays after receipt of an appeal to Arbitration, the Parties will hold a pre-arbitration meeting to again review the case in question, and to jointly select an arbitrator if the case cannot be resolved. If agreement on an arbitrator cannot be reached, the Parties will jointly request the Federal Mediation & Conciliation Service (FMCS) to submit a list of five (5) arbitrators. The Parties shall confer within five (5) workdays after receiving the list to choose an arbitrator. If the Parties cannot mutually agree to select one of the listed arbitrators, the Association or the Employer by lot will in turn strike one name from the list. The remaining named person shall be the arbitrator. 2426 Within ten (10) workdays following receipt of the request for Arbitration the Parties will meet to define the issues and to prepare a joint submission agreement. If the Parties cannot agree on a joint submission, each shall submit a separate written statement of the issue(s) to the arbitrator with a copy to the other Party. When there are separate submissions, then and only then may the arbitrator determine the issue(s) to be heard. Otherwise the arbitrator is bound by the joint submission agreement. 2427 The arbitrator shall have jurisdiction and authority to interpret the Agreement and to apply it to the particular case under consideration, but shall have no authority to change, modify, alter, delete, or add to the terms of the Agreement. 2428 The fees and expenses of the arbitrator, and the Chief Executive Officer so notifiedcost of a transcript, if mutually ordered, shall be shared equally by the Parties. Arbitration hearings will be held, whenever practicable, on the Employer’s premises or in writinga suitable place provided by the Employer, and will be held during the normal administrative workweek. The Association Representative, if an employee, the grievant, or any employee(s) called as a witness will be excused from duty without loss of pay, or a charge to leave, to the extent necessary to participate in the official proceedings. Overtime or compensatory time will not be paid to Registered Nurses or other employees for time involved in arbitration. 2429 The decision of the arbitrator will be final and binding on both the Association and the Employer. Either Party may file exceptions to the arbitrator’s award with the Federal Labor Relations Authority (FLRA) in accordance with that agency’s regulations. The arbitrator will be requested to render the decision or award within thirty (30) calendar days. 2430 General 2431 The Association is the exclusive representative of all Registered Nurses covered by this Agreement, and is therefore the only Party which may represent a Registered Nurse or group of Registered Nurses in processing grievances under this Article. In the event that any Registered Nurse does not choose to have Association representation throughout the grievance procedure, the Association Representative will have the right to be present at each step of the grievance procedure. 2432 The following matters are excluded from the grievance and arbitration procedures of this Agreement: 2433 Matters over which the Employer does not have discretionary authority emanating from higher level directives, laws and regulations. 2434 Matters related to the exercise of the Employer Rights described in Article III of this Agreement. 2435 Any claimed violation of Subchapter III of Chapter 23 of the Civil Service Reform Act relating to prohibited political activities. 2436 Retirement, life insurance, or health insurance issues. 2437 A suspension or removal under Section 7532 relating to National Security reasons. 2438 Any examination, certification, or appointment. 2439 The classification of any position which does not result in the reduction in grade or pay of a Registered Nurse. 2440 All other matters for which a statutory appeals procedure exists such as complaints or prohibited discrimination, adverse actions, and removals for unacceptable performance.

Appears in 1 contract

Samples: Labor Management Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer who shall call a meeting of or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 12.01 Where a difference arises between the parties relative to the interpretation, application or administration of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it under the following provisions or in accordance with section 133 of the Labour Relations Act. 12.02 It is understood and agreed that a nurse an employee has no grievance until she an opportunity has first been given the Unit Manager the opportunity of adjusting to his/her supervisor to adjust a complaint. Such The employee may have the assistance of a xxxxxxx to discuss the matter. The complaint shall must be discussed with presented to his/her Promark-Telecon Inc. 13 supervisor within five (5) working days of the Unit Manager within ten (10) days after the circumstances incident giving rise to the complaint. If the complaint cannot be resolved, it have occurred shall be presented to the general manager as a grievance within five (5) working days of the failure to resolve the complaint by the supervisor. 12.03 All grievances shall be in writing and set down all details related to the grievance including all relevant articles of the collective agreement. 12.04 Upon receiving the grievance the general manager may allow or deny the grievance communicating his decision in writing, delivered to the grievor and the Union Representative within five (5) working days of the date of grievance. 12.05 Upon receiving the general manager’s decision, if unresolved, the grievance may be referred to arbitration by the union if Notice of Referral is made in writing to the general manager within seven (7) working days from of receipt of the general manager’s written decision. (a) Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, vacation and statutory holiday pay, shift premium, travelling expenses, room and board allowances, reporting allowances and dues may be brought forward within three (3) months of such alleged violations. It is further understood that such grievances may be retroactive to the first day of the alleged violation. (b) Benefit grievances shall be brought forward within twelve (12) months after the circumstances, giving rise to the grievance becoming known or ought reasonably to have come become known to the attention Union. It is further understood that the adjustment of any such grievances shall be retroactive to the first day of the nurse alleged violation within the twelve (12) month period. (c) The Union agrees to save the Employer harmless from any and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement all claims which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to made against the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meetingEmployer for amounts deducted as herein provided, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingsee article 6.03.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx a t any stage of the grievance procedure, including the complaint stage, or a t any, time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties relating bargaining t and the tal t to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It I t is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is i s understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance and, fail settlement within five (5) seven calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager will immediate supervisor w i l l deliver her his decision in writing within five seven calendar days following the day on which the was presented to him. settlement, then: Within seven (57) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who w i l l deliver his decision in writing within (7) calendar days from the date on the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing sett then : Within seven calendar days following decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting w i l l then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievancegrievance a t Step No. Failing settlement, then: Within five (5) unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire a t such meeting. The decision of the Hospital shall be delivered in writing within fourteen calendar days following the decision in Step No. 1, the nurse may submit the written grievance to the Director date of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievance. grievance was presented to him, Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 (a) It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Manager's his immediate supervisor’s decision in the following manner and sequence: : (b) The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe grievor and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate, with a copy to the immediate supervisor. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (c) The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital’s position on the matter. (d) During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the matter(s) in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the meeting(s) shall include the Union Grievance committee. (e) Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). In determining a date for the meeting the parties will consider: (i) the time needed for research, consultation and preparation for the meeting(s) and, (ii) the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow- up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place suitable to both parties. Failing settlement, then: Within during the middle ten (10) days of receiving the thirty (30) day period. (f) In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision under Step 2, made by an arbitrator. (g) If the parties are unable to resolve the grievance, in writing, may be referred the Hospital will provide the Union with a written response to the Chief Executive Officer who shall call a meeting grievance by the end of the Grievance Committee within five thirtieth (530th) days of receipt of same. Within five (5) days day following the meetingdate of the filing of the grievance. (h) The Union will then have a period of fourteen (14) calendar days from the date of the Hospital’s response to determine if the response is acceptable, or will refer the matter to arbitration. (i) If the grievance is filed by the Hospital, the Chief Executive Officer shall reply, in writing, to Union will provide a response by the nurse and the Chairperson end of the Grievance Committeethirtieth (30th) day following the date the grievance was filed. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.The Hospital will have fourteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 14:01 Terms of Reference a) The purpose of the grievance procedure is to secure, at the lowest possible administrative level, solutions to complaints and/or grievances. b) Time limits are mandatory and may only be amended by mutual agreement of both parties. c) A complaint and/or grievance under this Agreement, a grievance is Agreement shall be defined as a difference arising between or dispute by a Teacher or a group of Teachers or by the parties relating Board or by the Association (on behalf of a Teacher, Teachers or the Bargaining Unit), which relates to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrablethis Agreement and shall be processed in accordance with this Article. 8.02 In all steps 14:02 Informal Stage Complaint a) The Teacher(s) or designate, having a complaint arising out of this Grievance Procedurethe Collective Agreement shall notify their immediate supervisor. b) The immediate supervisor shall arrange a meeting for the purpose of responding within five (5) school days after the receipt of the complaint. c) Failing satisfaction with the reply, the aggrieved nursecomplainant may proceed with the formal grievance process. 14:03 The grievance shall: a) stipulate the name of the grievor; b) identify the grievor’s work location; c) outline the nature of the grievance; d) specify the date on or about which the incident giving rise to the grievance occurred; e) identify the specific clause which has been allegedly violated, if desiredmisinterpreted or misapplied and the redress requested. The grievance shall be signed by the President of the Association/designate or the Grievance Officer of the Association. 14:04 Any grievance which is not commenced or carried through to the next stage in the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned, and no further action may be accompanied taken with respect to such grievance. If the stipulated time limits are not met by or represented by a nurse representativethe Party against whom the grievance is being lodged, the grievor shall have the right to pursue the grievance at the next step of the procedure. 8.03 a) It is the mutual desire mutually agreed that a grievance must be submitted within thirty-five (35) school days of the parties hereto that complaints knowledge of the nurses incident giving rise to the grievance. b) Requests for an extension of timelines in Article 14:05 a) shall not be adjusted as quickly as possible, and it is understood that unreasonably denied. 14:06 A grievance pursuant to this Agreement shall proceed according to the following steps: Step1: The Association on behalf of the grievor shall submit the grievance to the Superintendent of Human Resources. The Superintendent of Human Resources shall give a nurse has no decision to the grievance until she has first given in writing to the Unit Manager Association on behalf of the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager grievor within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) school days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify Superintendent of Human Resources may arrange a meeting with the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer grievor who shall call be accompanied by a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Unit Release Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingor designate.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a 1. A grievance is defined as a difference arising dispute, difference, disagreement, or complaint between the parties relating hereto as to the interpretation, application, administration or alleged claimed violation of this agreement. Either the Agreement, including any question as to whether Union or the aggrieved employee may initiate grievance procedures on behalf of an employee or a matter is arbitrableclass of employees. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of 2. Any grievance not settled between the parties hereto that complaints of informally will be processed in the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within following manner: STEP 1: Within ten (10) working days after of the circumstances giving rise to it date on which the employee or the Union first learned, or may reasonably have occurred or ought reasonably been expected to have come learned of a grievable event, the Union and/or the aggrieved employee shall submit a grievance in writing to his or her Academic Department Director, The Director of Human Resources or the Xxxx of Academic Affairs. In grievances initiated by the Union, the participation of an individual grievant is not required. The Employer shall respond in writing to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) working days following of its submission. In the Unit Manager's decision event of a failure by the Employer to respond in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, writing to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) working days of receiving its submission, the decision under grievance shall be automatically referred to Step 2. STEP 2: If the grievance is not resolved or no reply is given within ten (10) working days of its submission, the Union may refer the grievance, in writing, within ten (10) working days of the Step 1 answer (or its due date) to the president or his designee, who shall respond in writing within ten (10) working days of the presentation of the grievance at Step 2. STEP 3: If the grievance is not resolved in Step 2 or the answer of the Employer is not received within ten (10) working days, said grievance may be referred within twenty (20) working days of the Step 2 response from the Employer (or its due date) by the Union to binding arbitration in accordance with the Voluntary Rules of Labor Arbitration of the American Arbitration Association then in effect. The arbitration shall be by a neutral arbitrator selected under AAA rules, and the decision of the arbitrator shall be final and binding on both parties. The arbitrator's award shall not modify, change, add to, or subtract from any provision of this Agreement. The costs of arbitration by the AAA and its impartial arbitrator shall be borne equally between the parties and each party shall bear the costs of the presentation of its case to the Chief Executive Officer who arbitrator. 3. Any disposition of a grievance from which an appeal was not taken within the time limits specified herein shall call a meeting be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the Grievance Committee within five (5) days agreement. 4. All time limits specified herein shall be deemed to be exclusive of receipt of same. Within five (5) days following the meetingSaturdays, the Chief Executive Officer shall replySundays, in writing, to the nurse scheduled school vacations and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingholidays.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating All grievances and disputes relative to the interpretation, application, administration meaning or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps application of this Grievance Procedure, Agreement which may arise between the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is Company and the mutual desire of the parties hereto that complaints of the nurses employee shall be adjusted as quickly as possiblefollows: Section a) A grievance, to be valid, must be presented to the supervisor in writing, signed by the employee and shop xxxxxxx or the shop xxxxxxx in a group case, and it specifying the Article and Section of the Agreement believed violated and what relief is sought, no later than three (3) days following the occurrence or discovery of knowledge of the dispute. The supervisor shall answer the grievance in writing within an additional three (3) days. Section b) If the supervisor’s answer is still unsatisfactory, then within three (3) days, the Union business representative shall meet with a representative of management designated by the Company and the Company must reply to the Union within an additional three (3) days. Section c) If the dispute is still not resolved, the Union may appeal the grievance to arbitration within an additional five (5) days. The parties shall jointly engage an impartial arbitrator to adjudicate the dispute, whose decision shall be final and binding upon both parties. Section d) The arbitrator shall not have the right to add to nor subtract from nor modify any of the terms of this Agreement. Section e) It is agreed and understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint only one issue shall be discussed with submitted to one arbitrator unless the Unit Manager Union and the Company shall mutually agree to submit more than one grievance to the same arbitrator. Section f) The arbitrator shall submit his decision in writing within ten (10) working days after he has heard the circumstances giving rise case. His decision must specify in what manner and the amount (if pay is involved) is to it have occurred or ought reasonably to have come to be received by the attention aggrieved party. Section g) The fees and expenses of the nurse Arbitrator shall be borne equally by the parties. Section h) All time limits specified above exclude Saturdays, Sundays and failing settlement within five (5holidays. Section i) days, it American Arbitration Association shall then furnish a panel of arbitrators whose selection shall be taken up as a grievance within ten (10determined by the rules of that organization. Section j) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature All of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, limits provided herein may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingextended by mutual agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement (International Aluminum Corp)

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 601 The purpose of this AgreementArticle is to establish a procedure for the settlement of grievances, the Employer and Union agreeing that it is of utmost importance to adjust grievances as quickly as possible. 602 An employee who has a grievance is defined as a difference arising between the parties complaint relating to the interpretation, application, administration or alleged violation of this Collective Agreement shall discuss his complaint with his supervisor/manager. Such a complaint shall be brought to the attention of the supervisor/manager within ten (10) working days of when the circumstances giving rise to the complaint were known or ought to have been known to the employee. The supervisor/manager shall state his decision verbally within ten (10) working days of receiving the complaint. Step 1 Should the employee be dissatisfied with the supervisor/manager’s disposition of the complaint, he may, with the assistance of his Union Xxxxxxx, refer such matter on a written grievance form supplied by the Union to the Employee’s immediate supervisor or manager or his designee, who shall answer the grievance in writing to the Union within five working days. The complaint shall constitute a formal grievance at Step 1 and shall be filed within seven (7) working days of receipt of the reply of the supervisor/manager. The grievance shall specify the nature of the alleged violation of the Collective Agreement and the general relief sought. Step 2 If no settlement is reached at Step 1, the union may, within 7 days of the date of the response provided to the grievance provided at Step 1, request a meeting with representatives of management to discuss the grievance. Upon such a request, the grievor, a Union Xxxxxxx and representatives of management shall meet within seven (7) working days or at a time mutually agreed upon. The Employer shall provide to the Union a Step 2 reply to the grievance in writing within seven (7) working days following such a meeting. Step 3 If no settlement is reached at Step 2, the union may, within 7 days of the date of the response provided to the grievance provided at Step 2, request a meeting with representatives of management to further discuss the grievance. Upon such a request, the grievor, a Union Xxxxxxx, the Union’s National Representative or Local President (if requested by the Union), and representatives of management shall meet within seven (7) working days or at a time mutually agreed upon. The Employer shall provide to the Union a Step 3 reply to the grievance in writing within seven (7) working days following such a meeting. 603 The Employer will recognize a group grievance as one which affects more than one employee with respect to whom the issues and facts are substantially the same. A group grievance shall commence at Step No. 2. 604 The Union or the Employer may initiate a Policy grievance beginning at Step 2 of the Grievance Procedure. Such grievance shall be filed within ten (10) working days of the incident giving rise to the complaint and be in the form prescribed in Step 1. 605 Any grievance which has is not commenced or processed through the next stage of grievance procedure within the time frame specified in this article shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Employer and the Union. 606 An employee who has successfully completed his probationary period who is discharged or suspended for more than seven (7) working days may file a grievance at Step 3 of the Grievance Procedure within seven (7) working days after such discharge or suspension. 607 “Working Days” as referenced in this Article shall be deemed to exclude Saturdays, Sundays, and Paid Holidays. 608 Where a difference arises between the parties relating to the interpretation, application or administration of this Collective Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps , or where an allegation is made that this Collective Agreement has been violated, either party may, after exhausting any grievance procedure established by this Collective Agreement, notify the other in writing of this Grievance Procedure, its desire to submit the aggrieved nurse, if desired, may be accompanied by difference or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses allegation to arbitration. The notice shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come delivered to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration other party within fifteen (15) working days and of the Chief Executive Officer so notifiedreply under Step 3 of the Grievance Procedure. 609 The arbitration procedure incorporated in this Collective Agreement shall be based on the use of a single arbitrator. 610 The grieving party’s notice as referenced in Article 608 above shall also contain a list of three arbitrators for consideration. If none of the three are chosen, in writingthen the other party shall, within one week of the date of the first list, submit a list of three different names for consideration. If none is selected, either party may ask the Minister of Labour to make an appointment. 611 If either party feels that the time taken for a chosen arbitrator to hear the case is too long, the parties may by mutual agreement choose another arbitrator or ask the Minister to make an appointment. 612 Each of the parties will bear its own expense with respect to any arbitration proceedings. The parties will bear jointly the expenses of the arbitrator on an equal basis. 613 The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify or amend any part of this Collective Agreement, nor to make any decision inconsistent with the provisions thereof, or to deal with any matter not covered by this Collective Agreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 agreement. It is the mutual desire of the parties hereto that complaints of the nurses Employer and of employees shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with the Unit Manager within ten his immediate supervisor nine (109) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing has occurred. The employee may be represented by a union representative. Failing settlement within five nine (59) days, it shall may then be taken up as a grievance within ten nine (109) days following the Unit Managerhis being advised of his immediate supervisor's decision in the following manner and sequence: sequence Step The nurse employee or a union representative may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit Managerhis immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the specific provisions of the Agreement which are alleged to be violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five nine (59) days following the day on which the grievance was presented to him. Failing settlement, then: Step Within nine (9) days following the decision in Step the grievance may be submitted in to the Department Manager or his designate. A meeting will then be held between the Employer representative and the Union representativewithin (9) days of the submission of the grievancegrievance at Step extended by mutual agreement of the parties. Failing settlement, then: Within five It is understood the Employer representativemay have such counsel and assistance as he may desire at such meeting. The decision of the Employer shall be delivered in writing within nine (59) days following the decision date of such meeting. 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, signed by each employee who is grieving unless the parties mutually agree that the Shop Xxxxxxx can sign the grievance on behalf of the employees, to the Manager or his designate within nine (9) days after the circumstances giving rise to the grievance have occurred. The grievance shall then be treated as being initiated at Step No. 1, and the nurse may submit the written grievance applicable provisions of this Article shall then apply with respect to the Director handling of Resident Care who will deliver her decision, in writing, such grievance. The group of grieving employees shall be represented at the grievance by one (1) member of the group. A grievancearising directly between the Employer and the Union the interpretation,applicationor alleged violation of the Agreement shall be at Step within five nine (59) days following the circumstance giving rise to the 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 he could have instituted himself and the regular grievance procedure shall not be thereby bypassed. The release of a probationary employee shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationaryperiod that he has been unjustly discharge shall be treated as a grievance if a written statement of such grievance signed by the employee is lodged by the employee or a union representativewith the Employer at Step within nine (9) days after the date of discharged is effected. Such special grievance may be settled under the Grievance and Arbitration Procedure by: a) the Employer's action in dismissing the employee, or reinstating the employee with or without loss of seniority and with or without full compensation for the time lost, or by any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance between the parties arising from the date on which the interpretation, application, administration or violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter If no written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten request for arbitration is received within eighteen (1018) days of receiving after the decision under Step 2No. is given, the grievancegrievance be deemed to have been abandoned and thus shall not be arbitrable. When either party requests that any matter be submitted to arbitration as provided in the foregoing article, it make such request in writingwriting addressed to the other party to this Agreement. The parties will then attempt to select by agreement an arbitrator. If the parties are unable to agree upon an arbitrator within fourteen (14) days, they shall then request the Minister of Labour for the Province of Ontario to appoint an arbitrator. No matter may be referred submitted to the Chief Executive Officer who shall call a meeting arbitration which has not been properly carried through all requisite steps of the Grievance Committee within five procedure. The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The decision of the Arbitrator will be and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will share equally the fees and the expenses, if any, of the Arbitrator. The time limits set out in the Grievance and ArbitrationProcedure herein are mandatory except by the written agreement of the parties to waive or extend the time limits of the grievance procedure and, if the parties failed to sign such agreement, it shall result in the grievance being deemed to have been abandoned. Wherever the term "Arbitrator" is referred to in the Agreement, the parties may mutually agree in writing to substitute an Arbitrator for an Arbitration Board at the time of reference to arbitration. In such case, the party referring the grievance to arbitration will provide the of its nominee to the other party at the same time as the notice of arbitration is sent to the other party. Within seven (57) days of receipt of same. Within five (5) days following the meetingthereafter, the Chief Executive Officer other party shall replyname a nominee, in writingprovided, however, that if such party fails to name a nominee as herein required, the nurse Minister of Labour for the Province of Ontario shall have the power to effect such appointment upon application by the party the arbitration procedure. The two nominees shall attempt to select by agreement a of the Arbitration Board. If they are unable to agree upon such a chairman within a period of thirty (30) working days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. Each of the parties will bear the expense of the nominee appointed by them and the Chairperson parties will share equally the fees and expenses, if any, of the Grievance Committee. If chairman of the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingArbitration Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement(a) The Company agrees to recognize fully and treat with the Union on questions, a grievance is defined as a difference arising grievances and complaints that may arise between the parties relating them. (b) There shall be no discharge, suspension or other disciplinary action without sufficient cause or without notification to the interpretation, application, administration or alleged violation employee of the Agreementreason, including any question as in writing. All discipline must be given to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire employee within 10 days of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager occurrence or within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five time the Company knew of the occurrence or the Company will forfeit its right to discipline the employee(s). (5c) daysAll claims or disputes of employees, it the Union or the Company regarding the application, interpretation or violation of any provisions of this Agreement or the imposition of any discipline, including discharge, hereinafter called "grievances", shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision settled in the following manner manner: Step One: An employee who believes that a grievance exists between the employee and sequence: The nurse may submit a written grievance on the form set out Company, shall first meet with the Manager of Operations/Safety for operators or the Manager of Maintenance for maintenance to discuss the matter in Appendix "A", signed by her, to the Unit Manageran informal manner. The grievance shall identify the nature employee may be accompanied by a member of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violatedUnion Executive Board. The Unit respective Manager will deliver her decision respond in writing within five (5) days of the submission grievance meeting. If informal discussion fails to resolve the problem, the Union or the employee may take the grievance to Step 2. Step Two - In the event the grievance is not resolved in Step One, the Union shall deliver a copy of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver General Manager or his/her decisiondesignee, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of samethe respective Manager’s response. Within The General Manager or his/her designee will conduct a hearing with the Union within five (5) days following from receipt of the meetinggrievance from the Union. After completion of the hearing the General Manager will provide a written answer within five (5) days either sustaining or denying the grievance, and setting forth the reasons for the decision. After the initial filing of a grievance, the Chief Executive Officer parties may deliver all above required correspondence through email. Such emailed correspondence shall reply, in writing, be considered timely if it is delivered to the nurse above required party by 11:59pm on the applicable due date. (d) Tri-Partite Arbitration If the parties are unable to reach agreement in Step Two, and the Chairperson grievance or dispute involves the application, interpretation, or violation of any provision of this Agreement, the Union (not any individual employee) or the Employer may within forty- five (45) days of said failure to reach agreement, demand arbitration and request the Federal Mediation and Conciliation Service to provide the parties with a list of seven (7) prospective arbitrators. Once a panel of possible arbitrators is received by both parties, that selection must be completed within twenty-one (21) days of such receipt. If one party fails to engage in the selection process within twenty-one days, that party shall forfeit its case and the grievance shall be granted in favor of the Grievance Committee. If party that is prepared to proceed in the decision is unsatisfactory arbitrator selection process and denied as to the nurseparty refusing to proceed within the specified time limits. That decision shall then become final and binding. Unless otherwise agreed, it may all grievances for which arbitration is requested shall be referred to arbitration determined by three (3) arbitrators. One (1) arbitrator shall be designated by the Union and one (1) arbitrator designated by the Company. The parties shall designate their respective arbitrators within fifteen five (155) days of the date of receipt of demand for arbitration. The parties after the receipt of the list of arbitrators as provided for in paragraph 3 (d) shall determine by lot the order of elimination and thereafter each shall in that order eliminate one (1) name until only one (1) name remains. The remaining person on the list shall be the neutral arbitrator. The decision of any two (2) of the arbitrators shall be final and binding upon both parties. The arbitrators shall be limited in their decision to the application and interpretation of the provisions of this Agreement and the Chief Executive Officer so notifiedarbitrators shall have no authority to alter, in writingamend, modify, add to, subtract from or change the terms of this Agreement. Each party shall bear the expense of its own arbitrator and the parties shall share equally the expense of the third arbitrator. Each party has thirty (30) days from the postmark of the arbitrator's decision to request an executive session.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 9.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 9.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 (1) It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten the nine (109) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: : (2) The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe grievor and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The Union will provide a copy of the grievance to the employee’s immediate supervisor. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (3) The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital’s position on the matter. (4) During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the matter(s) in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the meeting(s) shall include the Union Grievance Committee. (5) Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). In determining a date for the meeting the parties will consider: (i) the time needed for research, consultation and preparation for the meeting(s) and, (ii) the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place suitable to both parties. Failing settlement, then: Within during the middle ten (10) days of receiving the thirty (30) day period. (6) In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision under Step 2, made by an arbitrator. (7) If the parties are unable to resolve the grievance, in writing, may be referred the Hospital will provide the Union with a written response to the Chief Executive Officer who shall call a meeting grievance by the end of the Grievance Committee within five thirtieth (530th) days of receipt of same. Within five (5) days day following the meetingdate of the filing of the grievance. (8) The Union will then have a period of fourteen (14) calendar days from the date of the Hospital’s response to determine if the response is acceptable, or will refer the matter to arbitration. The Hospital will fax a copy of the response to the Union. (9) If the grievance is filed by the Hospital, the Chief Executive Officer shall reply, in writing, Union will provide a response by the end of the thirtieth (30th) day following the date the grievance was filed. The Hospital will have fourteen (14) calendar days from the date of the Union’s response to determine if it will accept the Union’s response or will refer the matter to arbitration. The Union will fax a copy of the response to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingHospital.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Section 1 Definition: For purposes the purpose of this Agreementcollective bargaining agreement, a grievance shall be defined as: Any complaint by an individual or group of bargaining unit members that is defined as a difference arising between the parties relating to based upon an event or condition that involves the interpretation, applicationmeaning or application of express language of a specific provision of this agreement or any subsequent agreement entered into pursuant to this agreement. Section 2 The purpose of this procedure is to secure, administration at the lowest possible administrative level, prompt and equitable solutions to the problems that from time to time may arise, affecting the welfare or alleged violation working conditions of persons covered by this collective bargaining agreement. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure. Section 3 Nothing herein contained will be construed as limiting the right of any bargaining unit member having a grievance to discuss the matter informally with any appropriate member of the Agreementadministration and to have the grievance adjusted without intervention of the MEA, including any question as provided that the adjustment is not inconsistent with the terms of this collective bargaining agreement and that the MEA has been given the opportunity to whether be present at such adjustment above Level One and to state its views. If the bargaining unit member so chooses, a matter representative of the MEA may be present at Level One. The School Committee retains the right to have counsel at Level One meetings whenever an MEA representative is arbitrablepresent. 8.02 In all steps Section 4 No written communication, other document or record dealing with the processing of this Grievance Procedure, any grievance shall be filed in the aggrieved nurse, if desired, may be accompanied personnel file maintained by or represented by a nurse representativethe School Committee for any bargaining unit member involved in presenting such grievance. 8.03 It A. Because it is the mutual desire of the parties hereto desirable that complaints of the nurses shall grievances be adjusted processed as quickly rapidly as possible, the number of days indicated at each level should be considered as the maximum, and it every effort should be made to expedite the process. The time limits specified may be extended only by prior written agreement, except that at Level One the parties may agree orally to a reasonable extension of time limits. B. It is understood that a nurse has no grievance until she has first given any grievances pending at the Unit Manager expiration of the opportunity collective bargaining agreement remain operative in the subsequent contract period, subject to the time limits specified herein, unless settled in negotiations. Section 6 If, at the end of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) school days after the circumstances giving rise to it bargaining unit member or the union knows or reasonably should have occurred known of the event or ought reasonably condition of which the grievance is based, the grievance shall not have been presented at Level One, as set forth below, the grievance shall be deemed to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as been waived. The time for filing a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to extended when the Chief Executive Officer who shall call a meeting of members’ principal or immediate supervisor is absent during the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingfiling period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 agreement. It is the mutual desire of the parties hereto that complaints of the nurses Employer and of employees shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her complaint. his Such complaint shall be discussed with the Unit Manager his immediate supervisor within ten nine (109) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing has occurred. The employee may be represented by a union representative. Failing settlement within five nine (59) working days, it shall may then be taken up as a grievance within ten nine (109) working days following the Unit Manager's his being advised of his immediate supervisor’s decision in the following manner and sequence: sequence Step The nurse employee or a union representative may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit Managerhis immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the specific provisions of the Agreement which are alleged to be violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five nine (59) days following the day on which the grievance was presented to him. Failing settlement, then: Step Within nine (9) working days following the decision in Step the grievance may be submitted in writing to the Department Manager or his designate. A meeting will then be held between the Employer representative and the Union representative within nine (9) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. It is understood the Employer representative may have such counsel and assistance as he may desire at such meeting. The decision of the Employer shall be delivered in writing within nine (9) working days following the date of such meeting. 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, signed by each employee who is grieving unless the parties mutually agree that the Shop Xxxxxxx can sign the grievance on behalf of the employees, to the Department Manager or his designate within nine (9) working days after the circumstances giving rise to the grievance have occurred. 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 handling of such grievance. Failing settlementThe group of grieving employees shall be represented at the grievance meeting by one (1) member of the group. A grievance arising directly between the Employer and the Union concerning the interpretation, then: Within five application or alleged violation of the Agreement shall be originated at Step within nine (59) days following the decision circumstance giving rise to the 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 he could have instituted himself and the regular grievance procedure shall not be thereby bypassed. The release of a probationary employee 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 discharge shall be treated as a grievance if a written statement of such grievance signed by the employee is lodged by the employee or a union representative with the Employer at Step within nine (9) working days after the date of discharged is effected, Such special grievance may be settled under the Grievance and Arbitration Procedure by: a) confirming the Employer’s action in Step Nodismissing the employee, or reinstating the employee with or without loss of seniority and with or without full compensation for the time lost, or by any other arrangement which may be deemed just and equitable. 1All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer, the nurse may submit Union and the written employees. Failing settlement under the foregoing procedure, any grievance to between the Director of Resident Care who will deliver her decision, in writing, within five (5) days parties arising from the date on which the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten request for arbitration is received within eighteen (1018) working days of receiving after the decision under Step 2No. is given, the grievancegrievance shall be deemed to have been abandoned and thus shall not be arbitrable. When either party requests that any matter be submitted to arbitration as provided in the foregoing article, it shall make such request in writingwriting addressed to the other party to this Agreement. The parties will then attempt to select by agreement an arbitrator. If the parties are unable to agree upon an arbitrator within fourteen (14) working days, they shall then request the Minister of Labour for the Province of Ontario to appoint an arbitrator. No matter may be referred submitted to the Chief Executive Officer who shall call a meeting arbitration which has not been properly carried through all requisite steps of the Grievance Committee within five (5) days procedure. The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of receipt this Agreement, nor to alter, modify, add to or amend any part of samethis Agreement. The decision of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will share equally the fees and the expenses, if any, of the Arbitrator. The time limits set out in the Grievance and Arbitration Procedure herein are mandatory except by the written agreement of the parties to waive or extend the limits of the grievance procedure and, if the parties failed to sign such agreement, it shall result in the grievance being deemed to have been abandoned. Wherever the "Arbitrator" is referred to in the Agreement, the parties may mutually agree in writing substitute an Arbitrator for an Arbitration Board at the time of reference to arbitration. In such case, the party referring the grievance to arbitration will provide the name of its nominee to the other party at the same time as the notice of arbitration is sent to the other party. Within five seven (57) working days following the meetingthereafter, the Chief Executive Officer other party shall replyname a nominee, in writingprovided, however, that if such party fails to name a nominee as herein required, the nurse Minister of Labour for the Province of Ontario shall have the power to effect such appointment upon application by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of thirty (30) working days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. Each of the parties will bear the expense of the nominee appointed by them and the Chairperson parties will share equally the fees and expenses, if any, of the Grievance Committeechairman of the Arbitration Board. If the decision is unsatisfactory All provisions referring to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writinga sole Arbitrator shall appropriately apply.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement26.01 Where the Association grieves that the collective agreement has been violated, a grievance or asserts that there is defined as a difference arising between the parties relating to the interpretation, applicationapplication or administration of this agreement or of a decision or award of an arbitrator shall follow the below procedure and timelines a. Step 1- the Association shall where, administration or alleged violation the matter is not a policy grievance pursuant to Article 26.2 below, file the grievance in writing with the grievor(s)'s immediate supervisor, including the particulars of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire alleged grievance within fifteen (15) calendar days of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances violation or event giving rise to it have occurred or ought reasonably the difference between the parties. Where the matter is not a policy grievance pursuant to have come to Article 26.2 below, the attention supervisor who receives the grievance and such other person(s) as are deemed necessary, shall meet with the grievor(s) and a representative of the nurse and failing settlement within five (5) days, it shall then be taken up as a Association to discuss the grievance within ten (10) calendar days following of the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature filing of the grievance and at this step. If the remedy sought and should identify Association is not satisfied with the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1response at this step, the nurse grievance may submit be filed at the written grievance to the Director next step of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: this procedure. b. Step 2- Within ten (10) calendar days of receiving the decision receipt of the response under Step 22 the grievance may be filed with the Chief of Police, or his designate. At the discretion of either party a meeting may be held at this stage to discuss the grievance, . The Chief of Police will communicate in writing, writing his decision to the Association within ten (10) calendar days of his receipt of the grievance If the Association is not satisfied with the response at this step it may file the grievance at the next step. c. Step 3- Within ten (10) calendar days of the receipt of the response under Step 2 the grievance may be referred filed with the Police Services Board which shall consider it and the responses to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five grievance at Steps 1 and 2 above. Within fifteen (515) calendar days of receipt of same. Within five (5) days following the meetinggrievance, the Chief Executive Officer Board shall reply, communicate its response in writing, writing to the nurse and the Chairperson of the Grievance CommitteeAssociation. If the decision Association is unsatisfactory to not satisfied with the nurse, it response at this step the grievance may be referred submitted to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingas provided for below.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes Should an employee believe he has a grievance, he may process the matter in the following manner: 8.02 Step 1 The grievance shall be taken up by the employee with the Q.A. Manager or his designate within ten (10) days of this Agreementknowledge to the employee of the matter causing the grievance and the employee may be accompanied by his xxxxxxx. The Winery Manager or his designate shall give his answer within three (3) days. 8.03 Step 2 Failing settlement, the grievance, may, within five (5) days of the time for the Winery Manager's or his designates answer, be appealed to the Winery manager or his designate. The Winery Manager or his designate shall meet with the grievor, the Chief Xxxxxxx and a grievance is defined as a difference arising between representative of the Union and shall give his answer in writing within five (5) days thereafter. 8.04 Step 3 Failing settlement, either party may, within fifteen (15) days from the meeting, give written notice to the other that they wish the matter to be arbitrated. Within five (5) full working days thereafter, the parties relating shall agree upon an arbitrator. If they are unable to agree on an arbitrator, either may then request the Ministry of Labour for the Province of Ontario to appoint the arbitrator. 8.05 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.06 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. No grievance shall be submitted for arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrablethis agreement. 8.02 In all steps 8.07 The arbitrator shall not be authorized to make any decision which will alter, modify or amend any part of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representativeagreement. 8.03 It is 8.08 The proceedings of the mutual desire arbitration will be expedited by the parties hereto and the decision of the arbitrator will be final and binding upon the parties hereto. 8.09 Each of the parties hereto that complaints will bear one half of the nurses shall be adjusted as quickly as possibleexpenses of the arbitrator. 8.10 Either the Company or the Union may, and it is understood that at Step 2 of the grievance procedure, by written notice to the other, present a nurse has no grievance until she has first given concerning the Unit Manager alleged violation of the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager agreement within ten (10) days after the circumstances giving rise to it have occurred of such alleged violation. Grievances alleging unjust suspension or ought reasonably to have come to the attention discharge will also be presented at Step 2. 8.11 In this Article 8, "days" shall mean Mondays through Fridays inclusive, but excluding holidays, and any time limits may be extended by mutual agreement of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of 41:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Agreement, a grievance is defined as a difference arising between Article: (a) Grievances concerning the parties relating to the interpretation, application, administration interpretation or alleged violation of an Article of this Agreement; (b) Grievances concerning the Agreementapplication, including any question as to whether interpretation or alleged violation of a matter is arbitrablesigned Memorandum of Understanding or a signed Memorandum of Agreement between the parties; (c) Grievances concerning discipline of an employee. 8.02 In all steps of this Grievance Procedure41:02 The procedure for arbitrating grievances shall be the procedure as set forth below: (a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section :01, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire either of the parties hereto that complaints may, within twenty (20) working days from the receipt of the nurses decision at Step 2, notify the other party in writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the Union, shall be adjusted as quickly as possiblemade directly to the Director of Human Resources, and it is understood that shall set forth the issue in dispute for referral to the Arbitration Board. (b) Where the party initiating the arbitration proceedings wishes to request arbitration by a nurse has no grievance until she has first given single arbitrator, the Unit Manager notice referred to in Subsection :02(a) shall so state. (i) Where the opportunity party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of adjusting her complaint. Such complaint shall be discussed with the Unit Manager a single arbitrator within ten (10) days after working days. (ii) Where the circumstances giving rise party who receives the notice rejects the request for a single arbitrator or where the parties have failed to it have occurred or ought reasonably to have come to reach agreement on the attention selection of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance single arbitrator within ten (10) days following working days, the Unit Manager's decision in party initiating the following manner and sequence: The nurse arbitration proceedings may submit a written grievance on the form set out in Appendix "A", signed by her, name of its appointee to the Unit Managerboard in accordance with Subsection :02(c) within ten (10) working days. (iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for purposes of this Article. (c) Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Subsection :03(a) shall contain the first party’s appointee to the Arbitration Board. The grievance following procedure will then apply: (i) The party who receives the notice shall identify within ten (10) working days of receiving the nature notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee. (ii) The two (2) members of the grievance and Arbitration Board named by the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing parties shall, within five ten (510) working days of the submission appointment of the grievance. Failing settlementsecond of them, then: Within five appoint a third member of the Arbitration Board who shall be the Chairperson thereof. (5iii) If either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice’s absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be. (iv) The Chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not proceed unless the absent member has been given reasonable notice of sitting. (d) Where the matter is submitted to the Arbitration Board, the Arbitration Board shall commence hearings within ten (10) working days of the matter being submitted to the Board and shall hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make a decision thereon in the form of an award of the Arbitration Board. (e) The Arbitration Board shall hear and determine the difference or allegations and shall issue a decision, which decision shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it. (f) The Arbitration Board may summon before it any witnesses and require them to give evidence on oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it. (g) The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties. (h) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto. (i) In the case of a three (3) person Arbitration Board the decision in Step Noof the majority shall be the decision of the Arbitration Board. 1If there is no majority, the nurse may submit decision of the written grievance Chairperson shall be the decision of the Board. (j) The Arbitration Board shall not have the power to add to, subtract from or modify or alter in any way the provisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties. (k) The Arbitration Board shall expressly confine itself to the Director issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board. (l) Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employer for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of Resident Care who will deliver her decisionthe dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in writing, within five lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances. (5m) days from the date on which the written grievance was presented to her. The expenses incurred by and in respect of an Arbitration Board shall be paid as follows: (i) The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who arbitration shall call a meeting each pay an equal portion of the Grievance Committee within five remuneration and expenses of the chairperson of the Arbitration Board. (5ii) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, Each party to the nurse arbitration shall pay the remuneration and the Chairperson expenses of the Grievance Committee. If member of the decision is unsatisfactory Arbitration Board named or appointed by or on behalf of that party. (iii) Each party to the nurse, it may be referred arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the Arbitration Board. (iv) Each party to the arbitration within fifteen shall pay the fees and expenses of any counsel appearing before the Arbitration Board on behalf of that party. (15v) days The parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Chief Executive Officer so notified, Arbitration Board in writingconducting the arbitration. 41:03 The parties hereto agree that an employee of the WRHA and a staff member of the Manitoba Government and

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, agreement including any question as to whether a matter is arbitrable. 8.02 . 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 all steps the case of suspension or discharge the Hospital shall notify the employee of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 right in advance. It is the mutual desire of the parties hereto that complaints of the nurses employees shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with the Unit Manager his immediate supervisor within ten nine (109) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse employee and failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten nine (109) calendar days following the Unit Manageradvice of his immediate supervisor's decision in the following manner and sequence: The nurse employee may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit Managerhis immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five nine (59) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five nine (59) calendar days following the decision in under Step No. 1, the nurse employee may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five nine (59) calendar days from the date on which the written grievance was presented to herhim. The parties may, if they so desire, meet to discuss the 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: Within ten nine (109) 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 receiving 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 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 each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days 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 not be the subject of a grievance or arbitration. A claim by an employee has completed his probationary period that he has been unjustly or suspended shall be treated as a grievance if a written statement of such grit- is lodged by the employee with the Hospital at Step No. within seven (7) calendar days the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirmingthe Hospital's action in dismissing the employee; or reinstating the employee with or without 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 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 the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step 2No. is given, the grievancegrievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (1 6) calendar days the decision under Step No. it will be deemed to have been received within the time limits. 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, may be referred writing addressed to the Chief Executive Officer who shall call other party to this Agreement, and at the same time name a meeting of the Grievance Committee within five (5) days of receipt of samenominee. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.seven

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital’s expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 (1) It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: : (2) The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate, with a copy to the immediate supervisor. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (3) The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writingany case, may be to provide the Union with a formal written response setting out the Hospital's (4) During the thirty (30) day resolution period referred to above, the Chief Executive Officer who shall call parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee within five committee. (5) days of receipt of same. Within five (5) days following Prior to the meetinginitial meeting date being established, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.parties will provide document disclosure on a without prejudice

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital’s expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager hi's immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writingany case, may be to provide the Union with a formal written response setting out the Hospital's position on the matter. During the thirty (30) day resolution period referred to above, the Chief Executive Officer who shall call parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee within five (5) days Committee. Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of receipt of same. Within five (5) days following providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting the time needed for research, consultation and preparation for the and, the time needed, after the meeting, and before the Chief Executive Officer shall reply, in writingexpiry of the thirty (30) day period, to conduct follow-up activities including the nurse and possibility of holding further meetings. For these reasons the Chairperson initial meeting will generally take place during the middle ten days of the Grievance Committeethirty (30) day period. In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. If the decision parties are unable to resolve the grievance, the Hospital will provide the Union with a written responseto the grievance by the end of the thirtieth day following the date of the filing of the g The Union will then have a period of fourteen (14) calendar days from the date of the Hospital's response to determine if the response is unsatisfactory acceptable, or will refer the matter to arbitration. If the nursegrievance is filed by the Hospital, the Union will provide a response by the end of the thirtieth day following the date the grievance was filed. The Hospital will have fourteen (14) calendar days from the date of the Union's response to determine if it may be referred will accept the Union's response or will refer the matter to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingarbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of Except as may be otherwise provided in this Agreement, a grievance is shall be defined as a difference arising between claim by an employee, the parties relating Local Union, or the Agency that there has been a breach, misinterpretation, misapplication, or other non-compliance with a specific provision of this Agreement. All grievances shall be reduced to writing. The grievance shall clearly and concisely specify all facts which constitute the interpretationbasis for the grievance; the Article(s) or Section(s) of the Agreement allegedly violated; the date of the occurrence(s); and each employee with respect to whom a violation is claimed. The grievance form shall be dated, applicationand if the grievance is initiated by an employee or the Local Union, administration or alleged signed by the Xxxxxxx and each employee who claims a violation of this Agreement. Any time limit imposed upon the Agreement, including any question handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, calendar days. Time limits may be accompanied changed at any Step by or represented by a nurse representative. 8.03 It is the mutual desire consent of the parties hereto that complaints in writing. A grievance not answered within the specified or mutually extended time period may be appealed to the next Step of the nurses grievance procedure. A grievance not submitted or advanced to the next Step in the procedure within the specified or mutually extended time period shall be adjusted as quickly as possible, deemed closed and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaintfurther recourse may be had. Such complaint Employee and Local Union grievances shall be discussed with processed in the Unit Manager following manner: Step One: An alleged grievance will be presented in writing to the aggrieved employee’s supervisor within ten fourteen (1014) days after the circumstances event or events giving rise to it the grievance(s) or within fourteen (14) days after those events should have occurred or ought reasonably to have come to the attention been known. After receipt of the nurse grievance, the supervisor shall discuss the matter with the aggrieved employee and failing settlement the Union xxxxxxx or his/her designee within five (5) days, it shall then be taken up as unless a grievance within ten (10) days following the Unit Manager's decision request for information is made in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, connection with the grievance, in writing, may be referred to which case the Chief Executive Officer who supervisor shall call a meeting of discuss the Grievance Committee matter within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writingany case, may be to provide the Union with a formal written response setting out the Hospital's position on the matter. During the thirty (30) day resolution period referred to above, the Chief Executive Officer who shall call parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the Grievance Committee within five (5) days of receipt of sameindividuals with authority to resolve the grievance. Within five (5) days following the meetingIn all cases, the Chief Executive Officer shall reply, in writing, to include the nurse and the Chairperson of the Union Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 10.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 10.02 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, Agreement including any question as to whether a matter is arbitrable. The parties agree to utilize an electronic version of the grievance form where possible. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 10.03 It is the mutual desire of the parties hereto that complaints of the nurses employees shall be adjusted addressed as quickly as possible, and it is understood that a nurse an employee has no grievance until she has they have first given the Unit Manager their immediate supervisor the opportunity of adjusting her addressing their complaint. The grievor may have the assistance of a union xxxxxxx if they so desire. Such complaint shall be discussed with the Unit Manager their immediate supervisor within ten nine (109) calendar days after the circumstances giving rise to it have having occurred or ought reasonably to have come to the attention of the nurse and failing employee. This complaint must be provided in writing to the immediate supervisor on the worker complaint form where possible. Failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten nine (109) calendar days following the Unit Manager's their immediate supervisor’s decision in the following manner and sequence: manner: Step 1 The nurse Employee, who may be accompanied by a xxxxxxx, may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit ManagerDepartment Head. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of Union and the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, Hospital shall meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten Such meeting to occur within nine (109) calendar days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting receipt of the Grievance Committee grievance by the Department Head. The Department Head will deliver their decision in writing within five nine (59) days of receipt of same. Within five (5) calendar days following the meetingday on which the grievance meeting was held. Failing settlement or response, then: Step 2 Within nine (9) calendar days following the decision in Step 1, the Chief Executive Officer shall reply, grievance may be submitted in writing, writing to the nurse Director of Human Resources. A meeting will then be held between the Director of H.R. or designate, the grievor and the Chairperson their representatives(s) within nine (9) calendar days of the Grievance Committee. If submission of the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.grievance at Step

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of 41:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Agreement, a grievance is defined as a difference arising between Article: (a) Grievances concerning the parties relating to the interpretation, application, administration interpretation or alleged violation of an Article of this Agreement; (b) Grievances concerning the Agreementapplication, including any question as to whether interpretation or alleged violation of a matter is arbitrablesigned Memorandum of Understanding or a signed Memorandum of Agreement between the parties; (c) Grievances concerning discipline of an employee. 8.02 In all steps of this Grievance Procedure41:02 The procedure for arbitrating grievances shall be the procedure as set forth below: (a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section :01, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire either of the parties hereto that complaints may, within twenty (20) working days from the receipt of the nurses decision at Step 2, notify the other party in writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the Union, shall be adjusted as quickly as possiblemade directly to the Director of Human Resources, and it is understood that shall set forth the issue in dispute for referral to the Arbitration Board. (b) Where the party initiating the arbitration proceedings wishes to request arbitration by a nurse has no grievance until she has first given single arbitrator, the Unit Manager notice referred to in Subsection :02(a) shall so state. (i) Where the opportunity party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of adjusting her complaint. Such complaint shall be discussed with the Unit Manager a single arbitrator within ten (10) days after working days. (ii) Where the circumstances giving rise party who receives the notice rejects the request for a single arbitrator or where the parties have failed to it have occurred or ought reasonably to have come to reach agreement on the attention selection of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance single arbitrator within ten (10) days following working days, the Unit Manager's decision in party initiating the following manner and sequence: The nurse arbitration proceedings may submit a written grievance on the form set out in Appendix "A", signed by her, name of its appointee to the Unit Managerboard in accordance with Subsection :02(c) within ten (10) working days. (iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for purposes of this Article. (c) Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Subsection :03(a) shall contain the first party’s appointee to the Arbitration Board. The grievance following procedure will then apply: (i) The party who receives the notice shall identify within ten (10) working days of receiving the nature notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee. (ii) The two (2) members of the grievance and Arbitration Board named by the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing parties shall, within five ten (510) working days of the submission appointment of the grievance. Failing settlementsecond of them, then: Within five appoint a third member of the Arbitration Board who shall be the Chairperson thereof. (5iii) If either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice’s absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be. (iv) The Chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not proceed unless the absent member has been given reasonable notice of sitting. (d) Where the matter is submitted to the Arbitration Board, the Arbitration Board shall commence hearings within ten (10) working days of the matter being submitted to the Board and shall hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make a decision thereon in the form of an award of the Arbitration Board. (e) The Arbitration Board shall hear and determine the difference or allegations and shall issue a decision, which decision shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it. (f) The Arbitration Board may summon before it any witnesses and require them to give evidence on oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it. (g) The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties. (h) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto. (i) In the case of a three (3) person Arbitration Board the decision in Step Noof the majority shall be the decision of the Arbitration Board. 1If there is no majority, the nurse may submit decision of the written grievance Chairperson shall be the decision of the Board. (j) The Arbitration Board shall not have the power to add to, subtract from or modify or alter in any way the provisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties. (k) The Arbitration Board shall expressly confine itself to the Director issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board. (l) Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employer for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of Resident Care who will deliver her decisionthe dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in writing, within five lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances. (5m) days from the date on which the written grievance was presented to her. The expenses incurred by and in respect of an Arbitration Board shall be paid as follows: (i) The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who arbitration shall call a meeting each pay an equal portion of the Grievance Committee within five remuneration and expenses of the chairperson of the Arbitration Board. (5ii) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, Each party to the nurse arbitration shall pay the remuneration and the Chairperson expenses of the Grievance Committee. If member of the decision is unsatisfactory Arbitration Board named or appointed by or on behalf of that party. (iii) Each party to the nurse, it may arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the Arbitration Board. (iv) Each party to the arbitration shall pay the fees and expenses of any counsel appearing before the Arbitration Board on behalf of that party. (v) The parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in conducting the arbitration. 41:03 The parties hereto agree that an employee of the WRHA and a staff member of the Manitoba Government and General Employees’ Union shall not be referred eligible for appointment as a member of the Arbitration Board or to arbitration within fifteen (15) days and act as a member of the Chief Executive Officer so notified, in writingArbitration Board appointed pursuant to this Agreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes The purpose of this Agreementthe following grievance-arbitration procedure shall be to settle, a grievance is defined as a difference arising between the parties relating to quickly as possible, disputes concerning the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps and enforcement of this Grievance ProcedureAgreement raised by an employee or the Association. An attempt will be made to resolve such disputes through informal discussion by meeting with the appropriate supervisors and administrators, utilizing the Labor-Management Committee, or through other appropriate Departmental forum. LEVEL I: If a grievance is not settled during informal discussion, the aggrieved nurse, if desired, party may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) working days after of the circumstances event giving rise to it the grievance or the time the aggrieved party could reasonably have occurred acquired knowledge of the event, or ought reasonably to have come the end of the informal discussions by the parties, present the grievance in writing to the attention of the nurse grievant’s immediate supervisor and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit ManagerAssociation President. If the grievance is a result of an order made or an action taken by a higher ranking supervisor, then the grievance will be filed at that level. The immediate supervisor or supervisor receiving the grievance shall identify respond to the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision employee in writing within five (5) working days of the submission of the grievancethereafter. Failing settlement, thenLEVEL II: Within five (5) working days following after receipt of the decision in Step No. 1written response from the immediate supervisor, or the supervisor with whom the grievance was filed, and if the matter is unresolved, the nurse aggrieved party may submit present the written grievance in writing on the City/Association approved grievance form to the Director Chief of Resident Care who will deliver her decisionPolice and to the Association President, accompanied by all correspondence on the matter. Within five (5) working days, the Chief of Police shall examine the relevant evidence and shall meet in writingconsultation with the aggrieved party and representative, if any, for the purpose of resolving the grievance. The Chief of Police shall, within five (5) working days from of the date on which meeting, render a decision and reasons therefore in writing to the written grievance was presented to heraggrieved party and the Association. The parties may, if they so desire, meet to discuss If the aggrieved party is not satisfied with the disposition of the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2Level II, the grievanceAssociation may, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) working days of receipt the Chief of samePolice's decision, or within thirty‑five (35) days after the grievance was filed, if no decision is rendered by the Chief of Police, submit the grievance in writing on the City/Association approved form to the Reno City Manager and to the Association President. Within five (5) working days following the meetingafter written notice of submission to Level III, the Chief Executive Officer Reno City Manager or his/her designee shall reply, in writing, schedule a meeting with the Association to discuss the merits of the grievance. After the meeting the City Manager will prepare a response to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory Association within ten (10) working days relative to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingits position on this grievance.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following will appear all agreements replacing any provisions related to Grievance that in the expiring collective agreement: Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted adjusted- as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given his immediate supervisor the Unit Manager the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (5) 7)calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (5) 7)calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer who shall call a meeting of or his designate and the Grievance Committee within five seven (5) 7)calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Combined Full Time and Part Time Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, ,' it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Failing Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive of the Hospital' or his designate. A meeting will then be held between the Chief Executive Officer who shall call a meeting of or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse understoodthat an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager will deliver her decision in writing within five parties have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writingany case, may be to provide the Union with a formal written response setting out the Hospital's position on the matter. During the thirty (30) day resolution period referred to above, the Chief Executive Officer who shall call parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the Grievance Committee within five (5) days of receipt of sameindividuals with authority to resolve the grievance. Within five (5) days following the meetingIn all cases, the Chief Executive Officer shall reply, in writing, to include the nurse and the Chairperson of the Union Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 6.01 For purposes purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, agreement including any question as to whether a matter is arbitrable. 8.02 6.02 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 his/her xxxxxxx. In all steps the case of suspension or discharge the Hospital shall notify the employee of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representativeright in advance. 8.03 6.03 It is the mutual desire of the parties hereto that complaints of the nurses employees shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until he/she has first given the Unit Manager his/her immediate supervisor the opportunity of adjusting his/her complaint. Such complaint shall be discussed with the Unit Manager his/her immediate supervisor within ten nine (109) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse employee and failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten nine (109) calendar days following the Unit Manageradvice of his/her immediate Supervisor's decision in the following manner and sequence: The nurse employee may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit Managerhis/her immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager immediate supervisor will deliver his/her decision in writing within five nine (59) calendar days of following the submission of day on which the grievancegrievance was presented to him/her. Failing settlement, then: Within five nine (59) calendar days following the decision in under Step No. 1, the nurse employee may submit the written grievance to the Director of Resident Care his/her Department Head who will deliver his/her decision, decision in writing, writing within five nine (59) calendar days from the date on which the written grievance was presented to herhim. The parties may, if they so desire, meet to discuss the 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: Within ten nine (109) calendar days following the decision in Step No. 2, the grievance may be submitted in writing to the Hospital Administrator or his/her designee. A meeting will then be held between the Hospital Administrator or his/her designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 3 unless extended by agreement of the parties. It is understood that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the Hospital Administrator or his/her designee may have such counsel and assistance as he/she 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. 6.04 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 (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. 6.05 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 nine (9) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 6.06 A claim by an employee that he/she 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 nine (9) calendar days of the employee receiving written confirmation of the suspension or discharge. The union will receive a copy of such letters of suspension or discharge. Such special grievance may be settled under the grievance or Arbitration Procedure by: (a) confirming the Hospital's action in dismissing the employee; or (b) reinstating the employee with or without full compensation for the time lost; or (c) 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 agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her probationary period without just cause. 6.07 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 arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step 2No. 3 is given, the grievancegrievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. 3, it will be deemed to have been received within the time limits. 6.08 All agreements reached under the grievance procedure between the representative of the Hospital and the representative of the Union will be final and binding upon the Hospital and the Union and the employees. 6.09 When either party requests that any matter be submitted to arbitration as provided in writingthe foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such an arbitrator within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. 6.10 No person may be referred appointed as an arbitrator who has been involved in an attempt to negotiate or settle the Chief Executive Officer who shall call a meeting grievance. 6.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Committee within five Procedure. 6.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 6.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 6.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 6.15 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 44 (56) days of receipt of same. Within five (5) days following the meetingLabour Relations Act. 6.16 Wherever Arbitration Board is referred to in this Agreement, the Chief Executive Officer shall reply, parties may mutually agree in writing, writing to substitute a single arbitrator for the nurse Arbitration Board at the time of reference to arbitration and the Chairperson of the Grievance Committee. If the decision is unsatisfactory other provisions referring to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingArbitration Board shall appropriately apply.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following will appear all agreements replacing any provisions related to Grievance in expiring collective Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted adjusted' as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given his immediate supervisor the Unit Manager the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of sameHospital or his designate. Within five (5) days following the meeting, A meeting will then be held between the Chief Executive Officer shall reply, in writing, to the nurse or his designate and the Chairperson Grievance Committeewithin seven (7)calendar days of the Grievance Committeesubmission of the at Step No. If unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision is unsatisfactory to of the nurse, it may Hospital shall be referred to arbitration delivered in writing within fifteen fourteen (1514) calendar days and following the Chief Executive Officer so notified, in writingdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a 14.01 A grievance is defined as a difference controversy concerning the interpretation or application of a specific provision of this Agreement. The Hospital and the Association will attempt to see that baseless and dilatory grievances do not arise and are not pursued in the procedure. The procedures outlines in this Article shall be the exclusive procedures for resolving all grievances arising between the parties relating out of this Agreement. In order for a grievance to be recognized, it must be brought to the interpretationattention of the Hospital and must be processed through the following steps: STEP ONE: The aggrieved Nurse and/or the Association grievance representative shall present the grievance orally to the grievant's immediate supervisor and attempt to informally resolve the matter. To be considered timely, applicationa grievance must be presented to the Nurse's immediate supervisor within seven calendar days of the date the Nurse or the Association knew or should have known of the events giving rise to the grievance. Any resolution of grievances at this level shall not be precedent-setting, administration but must not be inconsistent with the terms of this Agreement. It is a requirement of Step One of the procedure for the grievant to be present at the Step One Meeting. If the grievant is not present, the grievance shall be held pending until the grievant attends the Step One Meeting. Absent mitigating circumstances, if the grievant is not made available to the Step One Meeting within seven calendar days, the grievance will be dismissed. STEP TWO: If the grievance is not settled at Step One, the grievance shall be reduced to writing and received by the department head or designee within seven calendar days after receipt of the Step One answer. Every written grievance shall attempt to set forth in detail the acts or occurrences giving rise to the alleged violation of the Agreement, including any question as applicable times, dates, provisions violated, individuals involved, etc. The submission of the written grievance within such time limits and with such details where possible shall be considered a condition precedent to whether a matter is arbitrable. 8.02 In all steps arbitration, unless otherwise agreed in writing. After submission of this Grievance Procedurethe written grievance, the aggrieved nurse, if desired, may be accompanied by department head or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed designee will meet with the Unit Manager within ten (10) days after Association's designated representative and/or the circumstances giving rise grievance in an attempt to it have occurred or ought reasonably resolve the grievance. The Hospital agrees to have come to answer the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) seven calendar days of the submission of meeting. STEP THREE: If the grievance. Failing settlement, then: Within five (5) days following the decision in grievance is not resolved at Step No. 1Two, the nurse may Association may, within seven calendar days of receipt of a Step Two answer, submit the written grievance to the Director of Resident Care who will deliver president or the Hospital or his/her decision, in writing, within five (5) days from the date on which the written grievance was presented to herdesignee. The parties maymeeting will be held by the president or his/her designee with a designated Association representative, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting merits of the Grievance Committee within five (5) days of receipt of samegrievance and to ascertain the facts. Within five (5) seven calendar days following the meetinghearing, the Chief Executive Officer Hospital will provide a written response to the grievance. STEP FOUR: If the grievance is not settled at Step Three, a representative of the Association may notify the Hospital in writing of the Association's decision to appeal the grievance to arbitration. Such notice must be filed within 20 calendar days of the date of the Hospital's Step Three answer, and at this time either side may file a request for a panel of arbitrators from the American Arbitration Association. The filing of a notice of arbitration shall reply, be considered a condition precedent to arbitration unless otherwise agreed to in writing, to the nurse and the Chairperson . Upon receipt of the Grievance Committeepanel or arbitrators, each party shall have the right to strike one name until only one arbitrator remains on the list, who shall hear and decide the case. If the decision grievance is unsatisfactory to the nurse, it may be referred not submitted to arbitration within fifteen (15) the required time period, it shall be deemed to be settled on the basis of the Step Three answer. Steps One, Two and Three all now have the same time limits on both sides of seven days. 14.02 The cost of arbitration shall be shared equally by the parties. 14.03 The Arbitrator's decision shall be rendered within 30 working days after the hearing of the dispute, unless extended by mutual agreement. The findings of the Arbitrator shall be final and binding upon the Chief Executive Officer so notifiedparties. 14.04 The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 14.01 of this Article, and he/she shall have no power to add to, subtract from, or modify in writingany way any of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following will appear in all agreements replacing any provisions related to Grievance expiring collective agreement: Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given his immediate supervisor the Unit Manager the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager will immediate supervisor deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is understood that either party may have such assistance as they may desire,, at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 31:01 Within twenty (20) working days after receiving the Board of Directors reply and failing a satisfactory settlement, either party may refer the dispute to arbitration by giving notice to the other party in writing. 31:02 Where a grievance is referred to arbitration, the following list of arbitrators shall serve on a rotating basis as sole arbitrator: (a) Xxxxxx Xxxxxxxxx (b) Xxxxx Xxxxxx, X.X. (c) Xxxxxxx X. Xxxxxx 31:03 The arbitrator so appointed shall not be empowered to make any decision inconsistent with the provisions of this Agreement, or to modify or amend any portion of this Agreement. 31:04 The arbitrator shall determine his own procedure, but shall provide full opportunity to all parties to present evidence and make representations. The arbitrator shall hear and determine the dispute and render a grievance is defined as a difference arising between decision within thirty (30) calendar days from the parties relating to the interpretation, application, administration or alleged violation conclusion of the Agreement, including any question as to whether a matter is arbitrablehearing. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire 31:05 The final decision of the parties hereto that complaints of the nurses arbitrator shall be adjusted as quickly as possiblefinal and binding and enforceable on all Parties and may not be changed, and it is understood except that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement either party may apply within five (5) days, it shall then be taken up as a grievance within ten (10) calendar days following to have the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing arbitration reconvened within five (5) further days in order to clarify the decision. 31:06 Each party shall pay one-half (½) of the submission fees and expenses of the grievance. Failing settlement, then: Within five (5) days following the decision arbitrator. 31:07 Nothing in Step No. 1, the nurse may submit the written this Agreement shall preclude settlement of a grievance to the Director of Resident Care who will deliver her decision, by mutual agreement in writing, within five (5) days from the date on which the written grievance was presented to her. any manner whatsoever. 31:08 The parties may, if they so desire, meet to discuss time limits in both the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, arbitration procedures may only be referred to the Chief Executive Officer who extended by mutual agreement and shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, confirmed in writing. 31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not sue the Employer in the ordinary courts. 31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supetvisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (5) 7)calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee’s immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1I the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a meeting of the Hospital or his designate. A meeting will then be held between the Chief Executive or his designate and the Grievance Committee within five Committeewithin seven (57) calendar days of receipt the submissionof the grievance at Step No. unless extended by agreement of samethe parties. Within five It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Association shall first discuss any individual complaint informally with the Director of Care at the first opportunity. 8.02 In all steps of this Agreementgrievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her nurse representative. At Step 1 of the grievance procedure a grievance is defined as a difference arising representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the parties relating Employer and an employee, or between the Employer and the Association, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) 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 (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Local Association with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any question questions as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, grievance may be accompanied referred to arbitration by or represented by a nurse representative. 8.03 It either party. If no written notice of intent to submit the matter for arbitration is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager received within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably decision under Step No. 1 is received, the grievance shall be deemed to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a been settled or abandoned. 8.04 A written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify will indicate the nature of the grievance and the remedy sought by the grievor. 8.05 Time limits fixed in the grievance and should identify the provisions arbitration procedures may be extended only by written, mutual consent of the Agreement which are alleged parties. Should the Employer not respond within the time(s) fixed, such failure to respond shall be deemed to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission a denial of the grievance. Failing settlementShould a grievance not be submitted within the various time limits specified in this Agreement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurseunless mutually extended, it may shall be referred considered to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writinghave been settled or abandoned.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the hospital deems it necessary to suspend or discharge an employee, the hospital shall notify the union, in writing, of such suspension or discharge. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (5) 7)calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following clauses will appear all agreements replacing any provisions related to Grievance in the expiring collective Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 Ag It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (5) 7)calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (5) 7)calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of sameHospital or his designate. Within five (5) days following the meeting, A meeting will then be held between the Chief Executive Officer shall reply, in writing, to the nurse or his designate and the Chairperson Grievance Committeewithin seven (7)calendar days of the Grievance Committeesubmission of the grievance at Step No. If unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision is unsatisfactory to of the nurse, it may Hospital shall be referred to arbitration delivered in writing within fifteen fourteen (1514) calendar days and following the Chief Executive Officer so notified, in writingdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following ciauses appear all agreements replacing any provisions related to Grievance Procedure in the expiring agreement: Employees shall have the upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given his immediate supervisor the Unit Manager the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Step No. Within five seven (5) 7)calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, xxx submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of sameHospital or his designate. Within five (5) days following the meeting, A meeting will then be held between the Chief Executive Officer shall reply, in writing, to the nurse or his designate and the Chairperson Grievance Committeewithin seven (7) calendar days of the Grievance Committeesubmission of the grievance at Step No. If unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision is unsatisfactory to of the nurse, it may Hospital shall be referred to arbitration delivered in writing within fifteen fourteen (1514) calendar days and following the Chief Executive Officer so notified, in writing.date of such meeting. Grievance

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes (A) A grievance shall be defined as all complaints, disputes and differences concerning the application, interpretation, effect, purpose or breach of any term or condition of this Agreement, a grievance is defined as a difference arising or any claim, demand, dispute or controversy between the parties relating hereto. The parties hereto shall first attempt to settle and adjust the grievance by negotiation. (B) Grievances must be filed in writing, with e-mail constituting an acceptable writing, and must be received by the Employer and the Union within ninety (90) days of the Union or the Association becoming aware of the alleged occurrence. All grievance forms shall contain, at a minimum, a written description of the incident, the District Council trade involved, the date, time and location of the incident. No grievance may be filed for incidents that allegedly took place more than one year from the date of the alleged occurrence. (C) Any grievance not resolved per Section A shall be referred to the interpretation, application, administration District Council Grievance Committee for a meeting with the Employer and the Association. (D) Any grievance not resolved per Section C shall be submitted to arbitration before Xxxxx Xxxxx or alleged violation Xxxxxxx Xxxxxxx who shall serve as the permanent contract arbitrator(s) hereunder. (1) The arbitrator shall conduct a hearing in such a manner as he shall consider proper and shall serve as sole arbitrator of the Agreementdispute between the parties. The arbitrator shall have the right to conduct an ex-parte hearing in the event of the failure of either party to be present at the time and place designated for the arbitration, and shall have the power to render a decision based on the testimony before him at such hearing. (2) The decision of the arbitrator shall be final and binding upon both parties and may be entered as a final decree or judgment in State or Federal Court in New York County. The costs of the arbitration, including any question as to whether a matter is arbitrablethe arbitrator's fee shall be borne equally by the Employer and the Union. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 (3) It is the mutual desire intent of the parties hereto that complaints all disputes between them, both within and outside of the nurses Agreement, shall be adjusted as quickly as possiblesubmitted to arbitration and that no defense to prevent the holding of the arbitration shall be permitted. (4) Service of any documents or notice referred to above, or service of any notice required by law in connection with arbitration proceedings may be made by electronic mail and/or registered or certified mail. Service upon the Employer must be made on the individual Employer at the last known address and the Association. A post office receipt shall be conclusive evidence of proper service if mailed to the address designated by the Employer when it signed the Agreement or to the last address known to the Union, whichever is more recent. If certified mail is refused or not picked up ordinary mail shall then be deemed sufficient service provided that it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come forwarded to the attention address of record contained in this Agreement or the nurse and failing settlement within five last address known to the Union, whichever is more recent. (5) days, it shall then be taken up as a grievance within ten (10) days following Upon the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature confirmation of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlementarbitrator's award, then: Within five (5) days following the decision in Step No. 1or on appeal there from, the nurse may submit the written grievance prevailing party shall be entitled to the Director of Resident Care who will deliver her decision, receive all court costs in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingeach proceeding as well as reasonable attorneys’ fees.

Appears in 1 contract

Samples: Resilient Floor Coverers Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of 38.1 Except as may be otherwise provided in this Agreement, a grievance is shall be defined as a difference arising between claim by an employee, the parties relating Local Union, or the Agency that there has been a breach, misinterpretation, misapplication, or other non-compliance with a specific provision of this Agreement. 38.2 All grievances shall be reduced to writing. The grievance shall clearly and concisely specify all facts which constitute the interpretationbasis for the grievance; the Article(s) or Section(s) of the Agreement allegedly violated; the date of the occurrence; and each employee with respect to whom a violation is claimed. The grievance form shall be dated, applicationand if the grievance is initiated by an employee or the Local Union, administration or alleged signed by the Xxxxxxx and each employee who claims a violation of the this Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps 38.3 Any time limit imposed upon the handling of this Grievance Procedure, grievances shall commence on the aggrieved nurse, if desired, date of receipt. Any time limit so imposed shall be interpreted as calendar days. Time limits may be accompanied changed at any Step by or represented by a nurse representative. 8.03 It is the mutual desire consent of the parties hereto that complaints in writing. A grievance not answered within the specified or mutually extended time period may be appealed to the next Step of the nurses grievance procedure. A grievance not submitted or advanced to the next Step in the procedure within the specified or mutually extended time period shall be adjusted as quickly as possible, deemed closed and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint further recourse may be had. 38.4 Employee and Local Union grievances shall be discussed with processed in the Unit Manager following manner: Step One: An alleged grievance will be presented in writing to the aggrieved employee’s supervisor within ten fourteen (1014) days after the circumstances event or events giving rise to it the grievance(s) or within fourteen (14) days after those events should have occurred or ought reasonably to have come to the attention been known. After receipt of the nurse grievance, the supervisor shall discuss the matter with the aggrieved employee and failing settlement the Union xxxxxxx or his/her designee within five (5) days, it unless a request for information is made in connection with the grievance, in which case the supervisor shall then be taken up as a grievance within ten (10) days following discuss the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing matter within five (5) days of the submission of Agency’s response to the grievancerequest. Failing settlement, then: Within five The supervisor's written answer shall be made available to the Union Xxxxxxx and Local Union President / designee within three (53) days following after the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingOne discussion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following will appear in all agreements replacing any provisions related to Grievance Procedure that in expiring collective agreement: Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 Agreement It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given his immediate supervisor the Unit Manager the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7)calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlementSettlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (5) 7)calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten (10) days The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of receiving this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision under Step 2of the majority, and where there is no majority, the grievancedecision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in writingthis Article are mandatory and failure to comply strictly with such time limits, may be except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned. Wherever arbitration board is referred to in the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meetingagreement, the Chief Executive Officer shall reply, parties may mutually agree in writing, writing to substitute a single arbitrator for the nurse arbitration board at the time of reference to arbitration and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred other provisions referring to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.board shall appropriately apply. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 1.01 For purposes the purpose of this Agreement, Agreement a grievance is defined as a difference arising between the parties relating to the interpretationnterpretation, application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 1.02 It is the mutual desire of the parties hereto that complaints of the nurses employees shall be adjusted as quickly as possible, ossible and it is understood that a nurse an employee has no grievance until she has first they have given the Unit Manager Employer the opportunity pportunity of adjusting her the complaint. Such If an employee has a complaint, such a complaint shall be discussed with the Unit Manager heir immediate supervisor within ten (10) calendar days after the circumstances circumstance giving rise to it have occurred the complaint has riginated or ought reasonably occurred. If the immediate supervisor is unable to adjust a complaint to the mutual satisfaction within even (7) calendar days, the employee may proceed with the grievance procedure within seven (7) calendar days ollowing the decision of the immediate supervisor. Any employee is entitled upon request to have come a Union ommittee member present with them when meeting with the supervisor to attempt to adjust their complaint. 1.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: tep1 he employee with the attention assistance of the nurse and failing settlement within five (5) daysa Union committee member if desired, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may must submit a written grievance on igned and dated by the form employee to their Director or designate. The nature of the grievance, the remedy sought nd a section or sections of this Agreement that are alleged to have been violated shall be set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager he Director or designate will deliver her their decision in writing within five seven (57) calendar days after the receipt of th rievance. Failing settlement the next step of the grievance procedure may be taken. tep2 Within seven (7) calendar days following the decision under Step1, the grievance must be submitted to Human esources to be discussed at a meeting between representatives from the Employer, the Union committee and the rievor(s) within seven (7) calendar days of the submission receipt of the grievance. Failing settlement, then: Within five (5) days following Either party may have assistance from utside the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to herEmployer at this stage if desired. The parties may, if they so desire, meet to discuss Employer shall give a written deposition within seven (7) alendar days of the grievance at a time and place suitable to both partiesday of such meeting. Failing settlement, then: Within ten (10) days of receiving either party may submit the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred matter to arbitration within fifteen thirty (1530) calendar days and after the Chief Executive Officer so notifiedreply in Step 2 is given. If no request for arbitration is received within uch thirty (30) calendar day period, in writingthe grievance shall be deemed to have been abandoned.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, Agreement including any question as to whether a matter is arbitrable. 8.02 . At the time formal discipline is imposed; or at the time of any suspension or discharge; or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In all steps the case of suspension or discharge the Hospital shall notify the employee of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 right in advance. It is the mutual desire of the parties hereto that complaints of the nurses employees shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she has he ha6 first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with the Unit Manager his immediate supervisor within ten nine (109) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse employee and failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten nine (109) calendar days following the Unit Manageradvice of his immediate supervisor's decision in the following manner and sequence: . The nurse employee may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit Managerhis immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement agreement which are alleged to be violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five nine (59) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five nine (59) calendar days following the decision in under Step No. 1, the nurse employee may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five nine (59) calendar days from the date on which the written grievance was presented to herhim. The parties may, if they so desire, meet to discuss the 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, settlement then: Step Within ten nine (109) calendar days of receiving following the decision under in Step 2, No. the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a Hospital Administrator or his designee. A meeting of will then be held between the Hospital Administrator or his designee and the Grievance Committee within five nine (59) calendar days of receipt the submission of samethe grievance at Step No. Within five 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 (59) 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 Chief Executive Officer Agreement shall reply, in writing, be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the nurse complaint or grievance. It is expressly understood, however, that 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 Chairperson 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 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 Grievance CommitteeThe grievance shall then be treated as being initiated at Step No. If and the decision is unsatisfactory applicable provisions of this article shall then apply with respect to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingprocessing of such grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes A. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Definitions: A grievance within the meaning of this contract shall consist of a dispute about alleged violations or misapplications of particular clauses of this Agreement and about alleged violations of this Agreement. Only the Union may file a grievance on behalf of a member of the bargaining unit, a grievance is defined as a difference arising between group of members of the bargaining unit, or the Union itself. B. Every effort will be made by the parties relating to settle any grievance as expeditiously as possible. Should the interpretation, application, administration or alleged violation of grieving party fail to observe the Agreement, including any question time limits as to whether a matter is arbitrable. 8.02 In all set our in the steps of this Grievance ProcedureArticle, his grievance shall be considered conclusively abandoned. Any grievance not answered by Management within the prescribed time limits shall automatically advance to the next higher step. C. To simplify the grievance procedure and the calculation of time periods material hereto, “days” shall mean calendar days. D. Grievances shall be presented in the following manner: Step 1: The aggrieved employee shall discuss the grievance with his immediate supervisor within ten (10) days of the occurrence or event which gave rise to the grievance. However, if such employee is on an authorized leave of absence at the time of the occurrence or event which gave rise to the grievance, the ten (10) day period shall not begin to run until such leave expires. The FOP Representative may be present to represent the employee if the employee desires his presence. The immediate supervisor may attempt to adjust the matter Step 2: If the grievance is not satisfactorily resolved in Step 1, the aggrieved nurseemployee and the FOP representative, if desiredshall reduce the grievance to writing on the standard form provided by the City for this purpose and present such written grievance to his Division Commander within ten (10) days from the time the immediate supervisor’s response was due in Step 1. The Division Commander shall meet with the employee and the FOP representative, may within ten (10) days after timely presentation of the written grievance to the Division Commander. Notice of the meeting shall be accompanied by given to the FOP prior to this meeting set forth in the following steps. The Division Commander shall within ten (10) days after presentation of the written grievance to him (or represented by a nurse representativesuch longer period of time as is mutually agreed upon), render his decision on the grievance in writing. 8.03 It is Step 3: Any grievance which was referred to the mutual desire Division Commander and was not satisfactorily settled shall next be taken up with the Chief of the parties hereto that complaints of the nurses Police. Such grievance shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given presented to the Unit Manager the opportunity Chief of adjusting her complaint. Such complaint shall be discussed with the Unit Manager Police in writing within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention Division Commander’s response was due in Step 2. The Chief of the nurse and failing settlement within five (5) daysPolice shall, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature after presentation of the grievance and to him (or such longer period of time as is mutually agreed upon), render his decision on the remedy sought and should identify grievance in writing. Step 4: If the provisions grievance has not been satisfactorily resolved in Step 3, the E. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing Grievance Procedure, within five (5) days of the time limits provided for the submission of the grievance. Failing settlement, then: Within five (5) days following the decision a grievance in Step No1 and signed by the FOP representative on their behalf. 1, All grievances must be processed within the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, time limits herein provided unless extended by mutual agreement in writing, within five (5) days from . F. In the date on which the written event a grievance was presented to her. The parties may, if they so desire, meet to discuss processed through the grievance procedure has not been resolved at a time and place suitable to both parties. Failing settlementStep 4 above, then: Within ten (10) days of receiving either the decision under Step 2, FOP or the grievance, in writing, City may request that the grievance be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred submitted to arbitration within fifteen (15) days after the City Manager, or his designee, renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in alternating fashion, thus leaving the seventh (7th), which will give a neutral or impartial arbitrator. G. The City and the Chief Executive Officer so notifiedFOP shall mutually agree in wrioting as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not specifically covered by the Agreement, nor shall this collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him which question must be actual and existing. The arbitrator shall have the authority to provide an appropriate remedy for any violation of this Agreement, subject to all terms and conditions stated in this Article. H. Consistent with the provisions of the Florida Public Employees Relations Act, F.S. Chapter 447, it is mutually acknowledged and agreed that this collective bargaining agreement shall be administered within the amounts initially appropriated by the City Council for funding of the collective bargaining agreement. Accordingly, and not withstanding any other provision of this collective bargaining agreement, the arbitrator shall have no authority, power, or jurisdiction to construe any provision of law, statute, ordinance, resolution or regulation or provision of this collective bargaining agreement to result in, obligate or cause the City to have to bear any expense, debt, cost or liability which would result, directly or indirectly, in writingthe City exceeding the amounts initially appropriated and approved by the City Council for the funding of this collective bargaining agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. I. The compensation and expenses of the arbitrator shall be borne by the losing party. In the event of a compromise award, such costs shall be borne equally by the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. J. The parties shall make their choice of the impartial arbitrator within five (5) days after receipt of the panel from the Federal Mediation and Conciliation Service. Copies of the arbitrator’s award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator’s award shall be final and binding on the parties. K. No part-time, temporary, or probationary employee shall be entitled to utilize the grievance and arbitration procedures set forth in this collective bargaining agreement. But those people, as described in this paragraph, shall have the right to a fair and equitable grievance procedure. L. The grievance and arbitration procedure shall be exclusive to the FOP. Therefore, subject to Sections 447.301 and 447.401, Florida Statutes or other applicable laws, no bargaining unit member may file a grievance or request arbitration without the written authorization from the Union. The arbitration shall be conducted under the rules set forth in this agreement.

Appears in 1 contract

Samples: Police Officer and Sergeant Contract

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, ,application, administration or alleged violation of the Agreement, agreement including any question as to whether a matter is arbitrable. 8.02 . 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 all steps the case of suspension or dischargethe Hospital shall notify the employee of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 right in advance. It is the mutual desire of the parties hereto that complaints of the nurses employees shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with the Unit Manager his immediate supervisor within ten nine (109) calendar days after the circumstances giving circumstancesgiving rise to it have occurred or ought reasonably to have come to the attention of the nurse employee and failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten nine (109) calendar days following the Unit Manager's advice of his immediate supervisor’s decision in the following manner and sequence: The nurse employee may submit a written grievance on the form set out in Appendix "A", signed by her, the employee to the Unit Managerhis immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five nine (59) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five nine (59) calendar days following the followingthe decision in under Step No. 1, the nurse employee may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five nine (59) calendar days from the date on which the written grievance was presented to herhim. The parties may, if they so desire, meet to discuss the 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: Within ten nine (109) calendar days of receiving followingthe decision in Step No. the decision under Step 2, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a Hospital Administrator or his designee. A meeting of will then be held between the Hospital Administrator or his designee and the Grievance Committee within five nine (59) calendar days of receipt the submission of samethe grievance at Step No. Within five 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 shall be delivered in writing within nine (59) 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 Chief Executive Officer Agreement shall reply, in writing, be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the nurse 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 Chairperson regular grievance procedure shall not be thereby bypassed. Where a number of the Grievance Committee. If the decision 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 unsatisfactory grieving to the nurse, it may be referred to arbitration Department Head or his designee within fifteen (15) days and the Chief Executive Officer so notified, in writing.fourteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 12.1 Having a desire to create and maintain harmonious labor relations between them, the parties, hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of terms and provisions of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrableAgree- ment. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses 12.2 Classification grievances shall be adjusted as quickly as possible, and it is understood that a nurse has no processed through the Board of Personnel Appeals through its established procedures. A grievance until she has shall first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed taken up with the Unit Manager employee or employees and his/her immediate supervisor, within ten (10) working days after the circumstances giving rise of such grievance, with or without a Federation representative present. The immediate supervisor shall have ten (10) working days in which to it have occurred or ought reasonably to have come respond to the attention of grievance. If the nurse and failing settlement within five (5) daysgrievance cannot be adjusted at Step 1, it shall then be taken up as a grievance presented to the Facility Administrator or his/her designee in writing within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) working days of the submission receipt of the grievanceStep 1 response. Failing settlementThe Facility Administrator or his/her designee shall have ten (10) working days in which to respond to the grievance in writing. If no settlement can be reached at Step 2, then: Within five (5) days following the decision it shall be presented in Step No. 1, the nurse may submit the written grievance writing to the Director of Resident Care who will deliver the Department of Public Health and Human Services, or his/her decisiondesignee, within ten (10) working days of the receipt of the written Step 2 response. The Director, or his/her designee, shall have thirty (30) calendar days in which to respond to the grievance in writing. Should the aggrieved employee or employees and the Association consider the decision of the Director to be unsatisfactory, the Federation may notify the Director and the Chief of the State Office of Labor Relations, in writing, within five (5) days from the date on which the written grievance was presented of its intention to her. The parties may, if they so desire, meet to discuss have the grievance referred to arbitration. In such event, notice must be provided within ten (10) working days of the receipt of the Step 3 response. By mutual agreement, the time limits at a time and place suitable to both partiesany stage of the grievance procedure may be extended. Failing settlement, then: Within ten (10) working days after such written notice of receiving intention is delivered to the decision under Step 2Director, the grievance, parties shall call on the Federal Mediation and Conciliation Service or the Board of Personnel Appeals to provide a list of seven (7) arbitrators. Each party shall be entitled to strike three (3) names from the list in writing, may alternate order and the name so remaining shall be referred the arbitrator. A coin toss shall be used to the Chief Executive Officer determine who shall call strike the first name. The arbitrator shall render a meeting decision as soon as possible after the close of the Grievance Committee within five (5) days hearing or submission of receipt post hearing briefs. Each party shall share equally the cost of samethe impartial arbitrator. Within five (5) days following In the meetingevent one of the parties wants transcripts from the proceedings of the arbitration, the Chief Executive Officer party requesting the transcript shall replypay all cost. If each party requests transcripts, in writingthey shall equally share the cost. During the processing of any matter under this or the preceding steps, the Federation agrees not to the nurse strike, render unfair reports, or cause slow downs, and the Chairperson Employer agrees not to lock out employees represented by the Federation. Any failure or refusal to abide by the terms of this grievance and arbitration procedure shall constitute a waiver by the party who breaches the Agreement of the Grievance Committeerights and constraints created by the above grievance and arbitration clause. If No arbitrator shall have the decision is unsatisfactory power to add to, detract from, or modify the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingterms of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. 8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 (a) It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Manager's his immediate supervisor’s decision in the following manner and sequence: : (b) The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe grievor and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate, with a copy to the immediate supervisor. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . (c) The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital’s position on the matter. (d) During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the matter(s) in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the meeting(s) shall include the Union Grievance committee. (e) Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). In determining a date for the meeting the parties will consider: (i) the time needed for research, consultation and preparation for the meeting(s) and, (ii) the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place suitable to both parties. Failing settlement, then: Within during the middle ten (10) days of receiving the thirty (30) day period. (f) In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision under Step 2, made by an arbitrator. (g) If the parties are unable to resolve the grievance, in writing, may be referred the Hospital will provide the Union with a written response to the Chief Executive Officer who shall call a meeting grievance by the end of the Grievance Committee within five thirtieth (530th) days of receipt of same. Within five (5) days day following the meetingdate of the filing of the grievance. (h) The Union will then have a period of fourteen (14) calendar days from the date of the Hospital’s response to determine if the response is acceptable, or will refer the matter to arbitration. (i) If the grievance is filed by the Hospital, the Chief Executive Officer shall reply, in writing, to Union will provide a response by the nurse and the Chairperson end of the Grievance Committeethirtieth (30th) day following the date the grievance was filed. If The Hospital will have fourteen (14) calendar days from the decision is unsatisfactory date of the Union’s response to determine if it will accept the nurse, it may be referred Union’s response or will refer the matter to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingarbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes A. A grievance is hereby defined as any dispute between the parties concerning the application, interpretation or claimed violation of any provision of this Agreement, or any administrative decision or Board action which adversely affects the terms and conditions of employment as set forth in this Agreement. B. The purpose of this Article is to provide for the expeditious and mutually satisfactory settlement of grievances and to that end the following procedures shall be the sole and exclusive method of resolution. Step 1. The Association or an employee with a grievance is defined as a difference arising between shall first discuss it with his immediate supervisor either directly or through the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager Association's representative within ten (10) working days after the circumstances employee knew or should have known of the event giving rise to it have occurred or ought reasonably the grievance. Failure to have come act within the said ten (10) working days shall be deemed to the attention constitute a waiver and abandonment of the nurse and failing settlement grievance. Step 2. If the aggrieved party is not satisfied with the disposition of the grievance at Step 1, or if no decision has been rendered within five (5) daysworking days after the presentation of that grievance at Step 1, it shall then be taken up as a grievance the Association may file within ten five (105) working days following with the Unit Manager's decision in Business Administrator of the following manner and sequence: The nurse may submit district a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify setting forth the nature of the grievance and designated contract provision(s) claimed to have been violated. The grievance shall be discussed by the remedy sought authorized Association representative and should identify the Business Administrator or his designee at a mutually agreeable time and place not later than seven (7) working days after the request for such discussion. Within seven (7) working days the Business Administrator shall notify the Association of his decision in writing. Failure of the Association to file a written grievance within the allowed time shall be deemed to constitute a waiver and abandonment of the grievance. Step 3. If the aggrieved party is not satisfied with the disposition of the grievance at Step 2, or if no decision has been rendered within seven (7) working days after the presentation of that grievance at Step 2, the Association may file within five (5) working days with the Superintendent of Schools the written grievance. Within seven (7) working days from the date the grievance was filed with the Superintendent, authorized representatives of the Association shall meet with the Superintendent at a mutually agreeable time and place to discuss the grievance. Within ten (10) working days after the aforesaid meeting, the Superintendent shall notify the Association of his decision in writing. Failure of the Association to move the written grievance within the allotted time shall be deemed to constitute a waiver and abandonment of the grievance. Step 4. If a grievance is not resolved at Step 3, or if no written decision has been rendered within the allotted ten (10) working days set forth at step 3, the Association may, within ten (10) working days, make a written request for review by the Board of Education. The written request shall have annexed thereto all known relevant documentation. A copy of such request shall be given to the Superintendent of Schools. The Board or Committee thereof shall review the grievance and shall, at the option of the Board, hold a hearing with the aggrieved employee and render a written decision within thirty-one (31) calendar days from the receipt of the grievance or after the date of the hearing, whichever is later. Step 5. If a grievance is not resolved at Step 4 or if no written decision has been rendered within the time allotted under Step 4, the Association shall, within ten (10) working days, make a written demand for arbitration to the New Jersey State Public Employees Relations Committee with a copy of the demand being delivered to the Superintendent of Schools and the Secretary/Business Administrator of the district. The written demand for arbitration shall set forth the specific nature of the dispute and specific provisions of the Agreement which are alleged claimed to be violated. The Unit Manager will deliver her selection of an arbitrator as well as the conduct of the arbitration hearing shall be in accordance with the rules and regulations of the New Jersey State PERC then in effect. The arbitrator so selected shall hear the dispute at a mutually agreeable time and place. The decision of the arbitrator shall be final and binding upon the Board, the Association and the employee(s) and shall be in writing setting forth findings of fact, reasons and conclusions on the issues submitted. No one arbitrator shall have more than one grievance submitted to him, and under consideration by him, at any one time unless the parties otherwise agree in writing. A grievance shall be considered under consideration by an arbitrator until he has rendered his written decision which shall be done within five thirty (530) days from the close of the hearing. In the event of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1any matter for arbitration as herein provided, the nurse may submit arbitrator shall have no right or power to alter or modify the written grievance to the Director terms of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to herthis Agreement. The parties may, if they so desire, meet to discuss party against whom the grievance at a time binding arbitration award is rendered shall be deemed the losing party and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may that party shall be referred to the Chief Executive Officer who shall call a meeting responsible for payment of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson fees of the Grievance Committeearbitrator. If Each party shall bear the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingtotal costs incurred by themselves.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of each suspension or discharge. 8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 a) It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she has first given the Unit Manager her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerher immediate supervisor's decision in the following manner and sequence: : b) The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe grievor and the Local Union President, or designate, to the Unit ManagerDirector of Human Resources or designate, with a copy to the immediate supervisor. The employee may be accompanied, if she so desires, by her union xxxxxxx. The grievance shall identify the nature of the grievance and grievance; the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. . c) The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter. d) During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the matter(s) in dispute through a meeting or a series of meetings which shall involve the Union Grievance Committee and no more than two (2) members of Management who have the authority to resolve the grievance. e) In determining a date for the meeting the parties will consider: i. the time needed for research, consultation and preparation for the meeting(s) and, ii. the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place suitable to both parties. Failing settlement, then: Within during the middle ten (10) days of receiving the thirty (30) day period. f) Prior to the initial meeting being held, both parties will provide, on a without prejudice basis, disclosure to each other if possible, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting(s). g) In resolving the dispute, the parties will hold the meeting and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principal will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision under Step 2, made by an arbitrator. h) If the parties are unable to resolve the grievance, in writing, may be referred the Hospital will provide the Union with a written response to the Chief Executive Officer who shall call a meeting grievance by the end of the Grievance Committee within five thirtieth (530th) days of receipt of same. Within five (5) days day following the meetingdate of the filing of the grievance. i) The Union will then have a period of fourteen (14) calendar days from the date of the Hospital's response to determine if the response is acceptable, or will refer the matter to arbitration. j) If the grievance is filed by the Hospital, the Chief Executive Officer shall reply, in writing, to Union will provide a response by the nurse and the Chairperson end of the Grievance Committeethirtieth (30th) day following the date the grievance was filed. If The Hospital will have fourteen (14) calendar days from the decision is unsatisfactory date of the Union's response to determine if it will accept the nurse, it may be referred Union's response or will refer the matter to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writingarbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (57) calendar days following the decision in under Step No. 1the employee who, the nurse if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee’s immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten seven (107) calendar days of receiving following the decision under Step 2in the immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive Officer who shall call a of the Hospital or his designate. A meeting of will then be held between the Chief Executive Officer or his designate and the Grievance Committee within five seven (57) calendar days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) calendar days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 (The following ciauses appear all agreements replacing any provisions related to Grievance expiring agreement: shall have the upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal is imposed. For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given his immediate supervisor the Unit Manager the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the Unit Manager within ten (10) days after event giving rise the circumstances grievance, or from when the employee have reasonably become aware of the event giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within ten the seven (107) calendar days following the Unit Managerhis immediate supervisor's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herhim to his immediate supervisor and may be accompanied, to the Unit Managerif he so desires, by his xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate supervisor will deliver her his decision in writing within five seven (57) calendar days of following the submission of day on which the grievancegrievance was presented to him. Failing settlement, then: Within five seven (5) 7)calendar days following foilowing the decision in under Step No. 1the employee who, the nurse if he so desires. may be accompanied by his union xxxxxxx, may submit the written grievance to the Director of Resident Care his Department Head who will deliver her decision, his decision in writing, writing within five seven (57) calendar days from the date on which the written grievance was presented to herpresented. The parties may, if they so desire, meet to discuss This step may be omitted where the grievance at a time employee's immediate supervisor and place suitable to both partiesDepartment Head are the same person. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretationinter- pretation, application, administration or alleged violation of the AgreementAgreement or the discipline, including any question as to whether a matter is arbitrable. 8.02 In all steps discharge or suspension of an employee covered by this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 agreement. It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she has first given the Unit Manager her immediate manager the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate manager within seven (7) continuous days from the Unit Manager within ten (10) days after the circumstances event giving rise to it have occurred the grievance, or from when the employee ought reasonably to have come become aware of the event giving rise to the attention of the nurse grievance and failing settlement within five seven (57) days, continuous days it shall then be taken up as a grievance within ten seven (107) continuous days following the Unit Manageradvice of her immediate manager's decision in the following manner and sequence: The nurse may employee must submit a written the grievance on the form set out in Appendix "A", writing signed by herher to her immediate manager and may be accompanied, to if she so desires, by a member of the Unit ManagerGrievance Committee. The grievance shall identify the nature of the grievance and the remedy sought and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager immediate manager will deliver her decision in writing within five seven (5) 7)continuous days of following the submission of day on which the grievancegrievance was presented to her. Failing settlement, then: Within five seven (57) days continuous days. following the decision in under Step No. 1the employee who, if she desires, may be accompanied by a member of the nurse Grievance Committee may submit the written grievance to the her Department Head, Divisional Director of Resident Care or designate as applicable, who will deliver her decision, a decision in writing, writing within five seven (57) continuous days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both partiespresented. Failing settlement, then: Within ten seven (107) continuous days of receiving followingthe decision in the decision under Step 2immediately preceding step, the grievance, in writing, grievance may be referred submitted in writing to the Chief Executive of the Hospital or designate. A meeting will then be held between the Chief Executive Officer who shall call a meeting of or designate and the Grievance Committee within five seven (5) 7)continuous days of receipt the submission of samethe grievance at Step No. Within five unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (514) continuous days following the date of such meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes 6.01 The City and the Union recognize the desirability of this Agreementresolving differences through joint consultation and discussion. Both will attempt to resolve differences through informal means where possible, a grievance is defined as a difference arising between the parties relating prior to the interpretation, application, administration or alleged violation of the Agreement, including any question as proceeding to whether a matter is arbitrableformal process. 8.02 In all steps 6.02 The employer recognizes the right of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by Shop Stewards to investigate grievances without hindrance or represented by a nurse representative. 8.03 coercion in an effort to settle them. It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has there will be no grievance until she has first given general stoppage of work and that no more than an hour will be spent investigating grievances during working hours. Shop Stewards shall obtain the Unit Manager permission of their Direct Supervisor or Designate when it is necessary to conduct an investigation. Shop Stewards shall also obtain permission from the opportunity Supervisor or Designate of adjusting her complaintthe area in which they are conducting their investigation when it is necessary to conduct an investigation. Such complaint permission shall not be unreasonably withheld. The Union shall be discussed with entitled to the Unit Manager services of a Canadian Union of Public Employees representative at any time during the grievance procedure. 6.03 No grievance shall be considered which is not presented within ten fifteen (1015) business days (as defined Steps 1 & 2) after the event or circumstances giving rise to it have occurred or ought reasonably the complaint came to the attention of, or, should have come to the attention of the nurse employee or employees concerned. Where a grievance does arise, the parties to this Agreement shall make an xxxxxxx effort to resolve such differences through the following procedure: Step 1: An employee who believes themselves to be aggrieved shall within ten (10) business days bring the matter to the attention of the Out of Scope Manager and failing settlement attempt to resolve the complaint. They may, if they wish, be accompanied by an authorized CUPE representative. Step 2: If a satisfactory resolution is not achieved within five (5) business days of the submission of the complaint at Step 1, the employee(s) concerned and an authorized CUPE representative, shall within an additional five (5) business days, submit a formal grievance to the Department Manager. The grievance shall contain a written statement of the particulars of the complaint, citing clauses that are relative to it and the remedy sought, with a copy to Chief of Staff. The Department Manager shall then be taken up as render a decision in writing within ten (10) business days of receipt of the grievance. Step 3: If a satisfactory resolution is not achieved at Step 2, the employee(s) and an authorized CUPE representative shall submit the grievance within ten (10) business days following to the Unit ManagerCity Manager or Designate, with a copy to Chief of Staff. The City Manager or Designate will render a decision within ten (10) business days of receiving the grievance. Step 4: The parties may mutually agree to mediation. After receipt of the decision from the City Manager or Designate, under Step 3, either party may request that a Mediator be appointed to meet with the parties, investigate and define the issues in dispute and facilitate a resolution. The Mediator shall be appointed by mutual agreement between the parties. The purpose of the Mediator's decision involvement in the following manner and sequence: grievance process is to assist the parties in reaching a resolution of the dispute. The nurse may submit Mediator shall not have the power to change this Agreement or to alter, modify or amend any of its provisions. The expenses of the Mediator shall be equally borne by both parties. Failing a written grievance satisfactory settlement being reached in Step 3, the Union may, on the form set out giving ten (10) business days' notice in Appendix "A", signed by her, writing to the Unit Manageremployer of its intention, refer the dispute to arbitration. The grievance shall identify the nature A copy of the grievance and Union written notice to the remedy sought and should identify employer of its intent to refer the provisions dispute to arbitration shall be forwarded to Chief of Staff. Step 5: If satisfactory settlement is not reached in Step 4 above, either party may request arbitration, providing the Agreement which are alleged to be violated. The Unit Manager will deliver her decision request is made in writing within five within, but not after ten (510) business days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her4. The parties may, if they so desire, meet party requesting arbitration will notify the other party of their appointee to discuss the grievance at a time and place suitable to both partiesan arbitration board. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) business days of receipt of same. Within five (5) days following the meetingsuch notice, the Chief Executive Officer shall reply, in writing, party so notified will notify the other party of its appointee to the nurse arbitration board. The two appointees shall meet as soon as practical, unless otherwise agreed between the City and the Chairperson Union, within a period of the Grievance Committeeten (10) business days and jointly select a Chairman. If the appointees cannot agree upon a Chairman, or fail to do so, they shall jointly request the Director of Settlement for the Province of Alberta to appoint a qualified person to act as Chairman of the Arbitration Board. The Arbitration Board shall not have jurisdiction to alter, add to, subtract from, this Agreement or to substitute any new provisions in lieu thereof, or to give any decision is unsatisfactory inconsistent with the terms of this Agreement or to deal with any matter not covered by this Agreement. The decision of the Arbitration board shall be final and binding upon both parties. Such decision shall be rendered in writing to the nurse, it may be referred to arbitration parties within fifteen (15) days and the Chief Executive Officer so notified, in writing.fourteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a 14.01 A grievance is defined as a difference dispute arising between the parties relating to from the interpretation, application, administration or alleged violation of the Agreementone or more provisions of this collective agreement, including any question a dispute as to whether a matter is arbitrable. 8.02 In all steps 14.02 The only parties to a grievance are the Employer and the Union. 14.03 Where reference is made to “days” it shall mean school days. 14.04 A grievance involving or relating to an Occasional Teacher individually or a group of Occasional Teachers in similar circumstances shall only be processed through the Union. Every grievance claim shall be in writing delivered to the other party and shall contain: a) a description of the factual circumstances alleged to constitute a violation of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by agreement; b) a nurse representative. 8.03 It is the mutual desire description of the parties hereto that complaints specific provisions of this agreement allegedly violated; c) an indication of the nurses shall be adjusted as quickly as possiblerelief sought; d) the signature of the duly authorized official of the Union. Informal Stage 14.05 Prior to submitting a formal grievance claim, and it is understood that a nurse has no grievance until she has first given an Occasional Teacher or Occasional Teachers are expected to have discussed the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed matter with the Unit Manager school Principal or other immediate Supervisor within ten twenty (1020) days after of the circumstances giving rise time when the Occasional Teacher should reasonably be expected to it be aware of the relevant facts, in an attempt to resolve the matter informally. An Occasional Teacher shall have occurred or ought reasonably the right to have come to present a representative from the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit ManagerUnion. The grievance Principal or Supervisor shall identify answer the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision complaint in writing within five (5) days of the submission receipt of the grievancecomplaint. Failing settlement, then: Within five The right to have a representative from the Union present shall not unduly restrict the Employer to deal with emergent personnel matters. 14.06 The Union may file a grievance at Step One within ten (510) days following of the decision in Step NoInformal Stage. 1, The grievance shall be filed with the nurse Superintendent of Human Resources or designate who may submit meet with the written grievance to representative(s) of the Director of Resident Care who will deliver her decisionUnion and the grievor and shall answer the grievance, in writing, within five ten (510) days from after receipt of the date on which grievance. 14.07 If no settlement is reached at Step One, the Union may within ten (10) days of receipt of the written grievance was presented reply of the Superintendent of Human Resources or Designate, refer the matter to herthe Employer’s Grievance Committee. The parties mayEmployer’s Grievance Committee shall meet with the representative(s) of the Union and the grievor within 15 days. The Employer’s Grievance Committee shall respond to the Union, if they so desirein writing, meet within ten (10) days. If the reply of the Employer’s Grievance Committee is unacceptable to discuss the grievance at a time and place suitable to both parties. Failing settlementUnion, then: Within it may within ten (10) days of receiving the written reply of the Employer, apply for arbitration. 14.08 Timelines may be extended or waived by mutual agreement in writing. 14.09 If the parties agree to pursue grievance mediation, timelines are suspended during the mediation process and thereafter re-instated if mediation is unsuccessful. 14.10 Unless mutually agreed in writing between the parties, no grievance claim can proceed to arbitration until all stages of the grievance procedure have been completed. Failure to respond to a grievance within the timelines specified shall move the grievance to the next step. 14.11 Unless mutually agreed otherwise, if the grievance procedure timeline extends past the last school day of the year, then the timelines will be suspended until the fifth (5th) school day in the following year. 14.12 Following notification of the intention to process the grievance to arbitration, the parties to the Collective Agreement shall, within ten (10) days, either mutually select a sole arbitrator or each appoint a nominee. 14.13 Within a further ten (10) days, the nominees shall either select a mutually agreed- upon chairperson, or apply to the Labour Relations Board to appoint the chairperson of the Arbitration Board. 14.14 The sole arbitrator or Arbitration Board shall hear and determine the difference or allegation and shall issue a decision. The decision under Step 2of the majority is the decision of the Arbitration Board, but if there is no majority, the decision of the chairperson governs. 14.15 The jurisdiction of the sole arbitrator or Arbitration Board shall be limited to the request for remedy of the grievance, the terms of the agreement and the laws pertaining to education in writingOntario. The sole arbitrator or Arbitration Board shall not, may by their or its decision, add to, delete from, modify or otherwise amend the provisions of this Collective Agreement. The sole arbitrator’s or Arbitration Board’s decision shall be referred final and binding upon the parties. 14.16 The cost of the sole arbitrator or chairperson of the Arbitration Board, including remuneration and expenses, shall be shared equally by the two (2) parties. 14.17 Should the investigation or processing of a grievance require that an Occasional Teacher(s), grievor(s) and/or grievance officer of the Union be released from their duties, such release shall be granted with pay. 14.18 If required, an Occasional Teacher(s) shall be employed to cover the absence of any Occasional Teacher attending the arbitration hearing. In the event that the grievance is not upheld, the Union shall reimburse the Employer for the cost of the Occasional Teacher(s) required. 14.19 Documents, communications and records dealing with a grievance involving discipline shall not become part of the personnel file of the grievor, if the grievance is upheld in arbitration, or if the Employer rescinds the action that led to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writinggrievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE ARBITRATION PROCEDURE. 8.01 Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge. For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 . It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse an employee has no grievance until she he has first given the Unit Manager his immediate supervisor the opportunity of adjusting her his complaint. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days from the Unit Manager within ten (10) days after the circumstances event giving rise to it the grievance, or from when the employee should have occurred or ought reasonably to have come become aware of the event giving rise to the attention of the nurse and failing grievance. Failing settlement within five nine (59) calendar days, it shall then be taken up as a grievance within ten the nine (109) calendar days following the Unit Manager's his immediate supervisor’s decision in the following manner and sequence: The nurse may employee must submit a written the grievance on through the form set out in Appendix "A"Local Union, signed by herthe and the Local Union President, or designate, to the Unit ManagerChief Executive Officer (CEO) of the Hospital, or designate. The Union will provide a copy of the grievance to the employee’s immediate supervisor. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance and grievance, the remedy sought sought, and should identify specify the provisions of the Agreement which are alleged to be have been violated. The Unit Manager parties will deliver her decision in writing within five have a period of up to thirty (530) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable is filed to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, attempt to resolve the grievance, and in writingany case, may be to provide the Union with a formal written response setting out the Hospital’s position on the matter. During the thirty (30) day resolution period referred to above, the Chief Executive Officer who shall call parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee within five (5) days Committee. Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of receipt of same. Within five (5) days following providing both parties with the opportunity to understand the grievance and to prepare for the resolution In determining a date for the meeting the parties will consider: the time needed for research, consultation and preparation for the and, the time needed, after the meeting, and before the Chief Executive Officer shall reply, in writingexpiry of the thirty (30) day period, to conduct follow-up activities including the nurse and possibility of holding further meetings. For these reasons the Chairperson initial meeting will generally take place during the middle ten days of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen thirty (1530) days and the Chief Executive Officer so notified, in writingday period.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!