GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by this Agreement and the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work. 21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance. 21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time. 21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties. 21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it. 21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard. 21.07 The arbitrator shall have authority to determine whether any matter is arbitrable. 21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement. 21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances. 21.10 The parties shall bear equally the fees and expenses of the arbitrator. 21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise. 21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended. 21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by this Agreement and the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any A. A grievance must be submitted filed in writing by either the Employer or the Union within thirty (30) school days of the occurrence, incident, or circumstances giving rise to date of the occurrence of the grievance.
21.03 Where such (1) Grievances are to be submitted to a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of committee before submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meetingWERC. If the grievance committee reaches a unanimous decision as cannot resolve the grievance, the grievance will then be submitted to the disposition WERC per section (2). The Employer and Union shall each have three (3) representatives on the grievance committee which shall meet within thirty (30) days of the grievance. The Business Manager shall be part of the grievance that decision committee and shall appoint the other two union committee members, which shall not include a member of the local union filing the grievance.
(2) If no resolution is reached at the grievance committee, all grievances, disputes for complaints of violations of any provisions of this agreement shall be submitted to final and binding on all partiesarbitration by an arbitrator appointed by the WISCONSIN EMPLOYMENT RELATIONS COMMISSION. Notice of the grievance dispute shall be given to the Employer or as applicable to the Local Union involved, at least two days before serving of the demand of the arbitration in order to permit efforts to adjust the matter without litigation. The arbitrator shall be a member or staff member of the Wisconsin Employment Relations Commission. The arbitrator shall have sole and exclusive jurisdiction to determine the arbitrability of such dispute as well as the merits thereof. Written notice by certified return receipt of a demand for arbitration shall be given to the Contractor and Employer or as applicable to the Local Union involved. The Contractor and Employer as the case may be, shall agree in writing within seven (7) days to arbitrate the dispute.
21.05 Where (3) Both parties shall cooperate to have the parties fail case heard by an arbitrator within seven (7) calendar days of the written agreement to reach arbitrate, provided an arbitrator is available. The arbitrator shall have the authority to give a satisfactory resolution bench decision at the close of the hearing, unless he shall deem the issues to be unusually complex and thereafter he shall reduce the grievance as referred award to in Article 21.04; the grieving party may within writing. Grievances over discharge or suspension shall be filed not later than ten (10) school calendar days refer after the matter is brought to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement attention of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one Business Representative of the persons proposed as Union.
C. In the event the arbitrator finds a violation of the agreement he shall have the authority to award back pay to the grievant in addition to whatever other or further remedy may be appropriate.
D. In the event a Contractor or the Union does not agree to arbitrate the dispute within seven (7) days or does not cooperate to have the case heard within seven (7) days after the written agreement to arbitrate or does not comply with the award of the arbitrator, it shall notify the other party accordingly within five (5) school days, shall have the right to use legal and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by iteconomic recourse.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and E. All expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure except attorney’s fees shall be shared equally by the partiesUnion and Contractor involved.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference A grievance shall be defined as any controversy or dispute arising between any teacher covered by the parties to this Agreement. Having a desire to create and maintain labor harmony 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 the terms and provision of this Agreement and or any other controversy or dispute having occasion to arise between the Board parties. A grievance from a group of members must have arisen out of identical factual or substantially similar circumstances affecting each member of said group to constitute a group grievance. Thus, should differences or disputes of any kind arise between the parties to this Agreement or between the Association employees covered herein and the Board concerning Board, the interpretationaggrieved party to this Agreement or employee or employees, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrablecase may be, shall be dealt with use the following procedure as followsthe sole means of settling said differences, without stoppage of work dispute or refusal to perform workcontroversy in the following manner: Unless otherwise agreed upon, “days” as used in this Agreement shall mean calendar days.
21.02 Any Step 1: If there is an employee (or employees) aggrieved, he/she shall first attempt to settle the grievance must be submitted within thirty (30) school days of with the occurrence, incident, or circumstances giving rise to the grievanceappropriate supervisor.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done Step 2: Failing to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02Step 1, the grievant shall then on or before reduce such grievance to writing and submit it to his/her supervisor with a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor copy to the grievance committee. The grievance union xxxxxxx who, along with the aggrieved employee and supervisor, shall set out the nature of attempt to settle the grievance, the articles of this Agreement that it . If such grievance is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision not lodged within ten (10) school days after the occurrence of the meeting. If act or condition which is the basis of said grievance, said grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitrationwaived. The party advancing written grievance shall be on the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice appropriate form and shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed facts upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, which the grievance is processed based and a reference to the next stepprovision of the contract allegedly violated, unless misinterpreted or misapplied. The supervisor shall take action on the parties agree otherwisewritten grievance and reduce it in writing with copies sent to the grievant, the union xxxxxxx and Superintendent within ten (10) days after the hearing date.
21.12 By mutual written agreement between Step 3: If the partiesgrievance is not settled after submission to the xxxxxxx and supervisor as set out in Step 2, the time limits for each stage xxxxxxx shall refer the grievance to the Business Representative of the grievance/arbitration procedure may be extended.
21.13 As an alternative Union and to the formal arbitration process set out above, by mutual agreement Superintendent within ten (10) days after receipt of the parties written response of the supervisor’s action on said grievance. Failure to file such an appeal within ten (10) days from receipt of the written response of the supervisor’s action on said grievance shall be deemed a grievance may be referred to someone who will hear waiver of the right of appeal and the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally void. Upon request, a hearing shall be conducted by the partiesSuperintendent or the Superintendent’s designee within ten (10) days after receipt of a mutually agreeable date.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, other Party shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise respond by agreeing to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20arbitrator or proposing an alternative(s) school days of the grievance or alleged violation being filed in writing with the BoardArbitrator(s). Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision Failing agreement within ten (10) school working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the meeting. If the grievance committee reaches a unanimous decision as foregoing, if either Party does not agree to the disposition use of a sole arbitrator, the matter shall without seeking agreement of the grievance that decision shall other Party be final heard and binding on all parties.
21.05 Where determined by a tri-partite board instead of a sole arbitrator. In such case, the parties fail Party wishing to reach submit the issue to a satisfactory resolution tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the grievance as referred other Party’s intent to in Article 21.04; arbitrate, that the grieving party may matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) school working days refer after the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement receipt of the difference and appointment of the second of them, appoint a third person who shall specify be the person or persons chairperson of the party giving the notice is willing to accept as a single arbitratorArbitration Board. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person to act may be appointed as a single arbitrator, either party may make a written request nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the partiesgrievance. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator Arbitration Board shall not change, modify have jurisdiction to amend or alter add to any of the terms provisions of this Agreement.
21.09 If , or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, terms and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter provisions of this Agreement. Each of the arbitration, Parties hereto will bear the arbitrator may substitute any penalty for fee and expenses of the discharge or discipline that, to nominee appointed by it and the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear Parties will equally share the fees and expenses of the arbitrator.
21.11 The purpose chairperson of the grievance procedure provisions is Arbitration Board. The arbitration award shall be binding on the Parties to ensure that this Agreement and any grievance is processed employees involved. Time limits provided in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure this Article 16 may be extended.
21.13 As an alternative to the formal arbitration process set out above, varied or extended by mutual specific written agreement of the parties Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to someone who will hear a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance and at but may make recommendations to the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the partiesParties.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by this Agreement and 4.1 In the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation case of this Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty (30) school days not arising out of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing demand by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make for a written request to the Federal Minister modification of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement, or the making of terms of a new agreement upon the expiration of this Agreement) between the Union and the Employer, or between any employee and the Employer, the same shall, in the first instance, be taken up for adjustment between the duly designated officer or agent of the Union and the Employer.
21.09 If 4.2 Should the arbitrator, by his award, determines that Employer and Union representatives be unable to reach an employee has been discharged or otherwise disciplined by an employer for cause, and if agreement within five (5) days following the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement last meeting and/or discussion between the parties, the time limits for each stage matter shall be referred to a Grievance Committee. The Committee (comprised of representatives from the following Employers: ABM Janitorial Services, Bravo Building Service, CSI International, Xxxxxx Xxxxxxx Company, GDI Services, and Elite Building Services) shall consist of two representatives designated by an association of Employers signatory to this Agreement (or such other group of employers deemed acceptable by the Employer), and two representatives designated by the Union as arbitrators. The Grievance Committee shall set a meeting date to resolve the grievance, which date shall not be later than twenty-one (21) calendar days following the notice to the Grievance Committee. Failure of either party to meet within said twenty-one (21) calendar days to resolve said grievance shall result in the grievance being decided in favor of the grievance/arbitration procedure may be extended.
21.13 As an alternative to other party; provided, however, that the formal arbitration process set out aboveparties may, by mutual agreement agreement, extend the times set forth in this agreement. The decision by a majority of the Grievance Committee at this step of the grievance procedure shall be final and binding on the parties involved, and shall be regarded as an arbitrator's decision. Should the Grievance Committee fail to reach an award by majority decision within a week from the submission thereof, then the matter shall thereafter, upon written demand of either party, be submitted for arbitration to an arbitrator designated by the American Arbitration Association in accordance with its then prevailing rules.
4.3 The Employer agrees that, in the event the Union initially declines to pursue a grievance may to arbitration concerning the suspension or discharge of an employee, the time strictures for filing for arbitration shall be referred tolled pending the employee exhausting his or her appeal rights pursuant to someone who will hear the Union’s Constitution and By-Laws, provided the following requirements are satisfied: (i) prior to the time for submitting the matter to arbitration as set forth above, the Union sends a written notice to the employee advising him/her of the right to appeal the Union’s decision not to advance the grievance to arbitration, and at the conclusion Union provides the Employer with a copy of that Appeal Notice; and (ii) the Union files for arbitration within the earlier of 120 days following the date of the hearingAppeal Notice or 10 days following the Union’s decision to grant the employee’s appeal and pursue the grievance to arbitration.
4.4 If there is no Employer association (or group of employers) and the Grievance Committee has not been constituted, give a then the matter shall thereafter, absent agreement by the parties, upon written order without reasons. These decisions may not demand of either party, be used submitted for arbitration to alter, modify or amend any part an arbitrator designated by the American Arbitration Association in accordance with its then prevailing Labor rules.
4.5 A decision of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will arbitrator shall be final and binding upon both parties and no further action may be taken on the parties. It is agreed that grievance by any means. Any costs incurred in this procedure the cost of such arbitrator shall be shared borne equally by the parties. It is agreed that a grievance may be heard by any three of the four members of the Grievance Committee, and an award entered unanimously by such three members of the Grievance Committee shall be valid and enforceable, final and binding. The arbitrators appointed or chosen hereunder to whom any grievance or dispute shall be submitted shall not have jurisdiction or authority to change or add to any provision of this Agreement.
Appears in 2 contracts
Samples: Contractor Agreement, Contractors Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference 4.1. Should differences arise between any teacher covered by this Agreement the Union and the Board Employer as to the meaning and application of any term or between the Association and the Board concerning the interpretation, application, operation or alleged violation provision of this Agreement, including any dispute as to whether the difference is arbitrable, an xxxxxxx effort shall be dealt made to settle such differences as promptly as possible by the utilization of the grievance procedure. Prior to initiating the grievance procedure, the duly designated offer or agent of the Union may meet with as followsa duly designated agent of the Employer in order to attempt to resolve the matter. Should this effort be unsuccessful, without stoppage of work or refusal to perform work.
21.02 Any a grievance must be submitted processed in accordance with the procedures set forth below, or it will not be considered. All suspensions and discharges will commence at Step 2 of the grievance procedure.
Step 1: Regardless of whether a meeting is convened between the Union and the Employer representatives as permitted above, there shall be a discussion between the supervisor, the aggrieved employee(s), and the Union Xxxxxxx within thirty (30) school calendar days of the occurrence, incident, or circumstances occurrence of the incident giving rise to the grievance. Should the matter not be resolved in this meeting, a grievance shall be filed no later than thirty (30) calendar days after the Employer’s decision in this initial meeting.
21.03 Where such Step 2: The Union shall request a difference arisesStep 2 meeting in writing by submitting a grievance stating the grievant’s name, the parties hereby agree that everything possible will be done building, and the Contract provisions violated. The Employer Representatives shall meet with the Union Grievance Representative within ten (10) calendar days of the receipt of a written grievance in an attempt to settle such a difference resolve the matter.
Step 3: If no satisfactory settlement or solution is reached within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school calendar days after the date of matter is discussed between the Employer representative involved and the Union at Step 2, then the Union shall submit to the Employer and BOLR the grievance as memorialized on the Union’s standard grievance form, and a grievance submission form detailing the grievant’s name, the name of the grievance in accordance with Article 21.02Employer, then on or before a further five (5) school days has elapsed the particular building where the grievance shall be referred arose, and in writing by non-disciplinary cases, the grievor to provision of the grievance committeeAgreement that the Union believes has been violated. The grievance shall set out then be referred to a Grievance Committee which shall consist of two (2) representatives designated by BOLR Suburban Section (“BOLR/Suburban”) and two (2) representatives designated by the nature of Union. A grievance shall not be scheduled for a Grievance Committee meeting if the grievance, the articles of this Agreement that it grievance form is alleged have been violated and the remedy soughtincomplete. The grievance committee Union shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within have ten (10) school working days after receiving notice from BOLR of the meetingan incomplete grievance form within which to properly complete a revised form and forward it to BOLR. If a properly completed revised grievance form is not filed by the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may Union within this additional ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specifiedday period, the grievance will be deemed to be abandoned untimely filed at the Second Step. The Grievance Committee shall be composed of Union staff members, advocates, or officers, and inarbitrable unless BOLR/Suburban Board members or officers, or those who are in line to become BOLR/Suburban Board members or officers. The Grievance Committee shall meet no later than ten (10) working days after receipt of the written grievance and shall reach a decision no later than ten (10) working days after hearing the case. A decision by a majority of the Grievance Committee at this step of the Grievance Procedure shall be final and binding on the parties involved, and shall be regarded as an Arbitrator’s decision. The Grievance Committee Procedures shall be as agreed from time to time by the parties, and the Grievance Committee shall meet on a monthly basis, as needed. Step 4: Any grievance or dispute as above which cannot be adjusted by the representatives of the parties as aforesaid, may be submitted to an impartial Arbitrator for decision; provided, however, that such Arbitrator shall not have the power to alter this Agreement, or any of its terms, in writing any way. The submission to waive any time limitthe impartial Arbitrator in such an event shall be no later than thirty (30) working days after the failure to reach a decision in Step 2. BOLR must be notified of such submission and shall notify the Employer involved, reserving the right to appear as well through its own counsel. If the respondent fails Union desires to comply with have an unresolved dispute arbitrated as herein provided for, it shall notify the provisions Employer of its desire to so arbitrate within thirty (30) working days after receipt of the grievance procedure, answer in Step 3. An impartial Arbitrator shall be designated from a permanent panel of seven (7) arbitrators agreed to by the grievance is processed parties. The arbitrators will be assigned in rotating order. Each party will have the right to strike two (2) arbitrators from the next step, unless panel each year. The parties will agree upon replacements for the parties agree otherwisevacant arbitrator positions.
21.12 By mutual written agreement between 4.2. The Joint BOLR/Suburban-Local 32BJ Grievance Committee shall be available to non-members of BOLR who adopt the partiesBOLR/Suburban-Local 32BJ Collective Bargaining Agreement. Such non-members will be assessed a fee of $1,000, the time limits payable to BOLR, for each stage of grievance brought before the grievance/arbitration procedure may be extendedCommittee in which they are involved.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases4.3. The written order will Arbitrator’s decision shall be submitted in writing and shall be final and binding upon the parties. In case of a discharge, the Arbitrator shall have the power to sustain the discharge or to order reinstatement of the employee, with or without pay for days lost. The fee of the Arbitrator shall be borne equally by both parties and no further action may parties.
4.4. No grievance shall be taken on that grievance by any means. Any costs incurred accepted or processed in this procedure later than thirty (30) calendar days after its occurrence, except for a grievance of which the Union was unaware alleging either incorrect payment of wages, fringe benefits, or failure to abide by the Union security provisions hereof; in such wage, fringe benefits or Union security cases, the grievance must be presented no later than thirty (30) calendar days after the Union has knowledge of same or should have had knowledge of same. Grievances relevant to wages or fringe benefits subject to this extended period for submission shall not include any claim that requires evidence beyond the Employer’s records. In no event shall back pay or other financial award be granted against an Employer for any violation of the wage, fringe benefits or Union security provisions of this Agreement that was committed by another employer. Any grievance not appealed to the next higher step of the Grievance Procedure or to arbitration within the time limits specified shall be shared equally by deemed to have been settled on the parties.basis of the Employer’s last answer. Failure of either party to meet the time limits of this Article shall automatically cause the grievance to be decided in favor of the other party. The Employer agrees that, in the event the Union initially declines to pursue a grievance to arbitration concerning the suspension or discharge of an employee, the time strictures for filing for arbitration shall be tolled pending the employee exhausting his or her appeal rights pursuant to the Union’s Constitution and By-Laws, provided the following requirements are satisfied: (i) prior to the time for submitting the matter to arbitration as set forth above, the Union sends a written notice to the employee advising him/her of the right to appeal the Union’s decision not to advance the grievance to arbitration, and the Union provides the Employer with a copy of that Appeal Notice; and (ii) the Union files for arbitration within the earlier of one hundred twenty (120) calendar days following the date of the Appeal Notice or ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 5.1 Any difference between any teacher covered by disputes or differences involving the meaning or application of this Agreement that arise between the Employer and the Board Union shall be resolved as provided in this Article.
5.2 All grievances, except a grievance involving a “continuing violation” for direct monetary issues, shall be brought within twenty-one (21) calendar days after the Union or between Employer, as the Association and case may be, has knowledge or should have had knowledge of the Board concerning dispute.
5.3 An employee and/or Union Representative may consult directly with an Employer-Supervisor for the interpretationpurpose of resolving any grievances, applicationor on a matter that does not necessarily constitute a grievance. In any case, operation where the Union or alleged violation the Employer is not satisfied, with respect to the disposition of a matter regarding the meaning or application of any provision of this Agreement, including any dispute the Union or the Employer may submit the complaint as to whether a grievance within the difference is arbitrabletime set forth in paragraph 5.2 above. The grievance will state a summary of the facts, the specific portion of the Agreement allegedly violated, and the date the alleged violation occurred. If requested by the Employer, the Union will provide additional details and/or clarification regarding the subject of the grievance. If requested by the Union, the Employer shall be dealt with as follows, without stoppage provide additional details and/or clarification regarding the subject of work or refusal to perform workits grievance.
21.02 Any grievance must be submitted 5.4 After the Union or Employer files a grievance, the aggrieved party shall request a meeting with the other side in writing (including by e-mail). If the Employer or Union does not make itself available for a meeting within thirty (30) school calendar days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a difference arisesrequest, the parties hereby agree that everything possible will be done Union or the Employer may proceed directly to settle such a difference arbitration by notifying the Employer or Union in writing within twenty sixty (2060) school calendar days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature filing of the grievance. If the meeting does take place, the articles of this Agreement that it is alleged have been violated and Employer or Union shall provide a written response to the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision Union or Employer within ten (10) school days of the meetingcalendar days. If the grievance committee reaches a unanimous decision as is not resolved or the Employer or Union has failed to respond within the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school calendar days after the meeting, the Union or Employer may refer the matter to arbitration. The party advancing arbitration by notifying the grievance to arbitration shall notify the other Employer or Union in writing no later than thirty (30) calendar days following the date the Employer or Union provided a written response or the date they were obligated to do so. A grieving party’s failure to pursue arbitration within thirty (30) calendar days following its notification to the non-grieving party of its desire intention to submit do so, shall be considered the difference grieving party’s waiver of its right to arbitration. Such notice shall contain a statement arbitrate the grievance.
5.5 In compliance with Section 204, Title II, of the difference and shall specify the person or persons the party giving the notice is willing to accept Railway Labor Act, as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitratoramended, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on shall establish a person to act as a single arbitrator, either party may make a written request to System Board of Adjustment for the Federal Minister purpose of Labour to appoint an arbitrator, adjusting and any person so appointed shall be deemed, for all purposes, to have been appointed deciding disputes or grievances arising pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this AgreementAgreement or any supplemental agreement. Such Board will be known as the Prospect System Board of Adjustment (“System Board”).
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 5.6 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance System Board will be deemed comprised of three (3) members to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally selected as follows: one (1) by the partiesUnion, one (1) by the Company and a third neutral arbitrator as described in Article 5.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference Section 1: A grievance is defined as a dispute, claim, or controversy by an employee or employees concerning the interpretation or application of the terms of this Agreement.
Section 2: The time limits indicated herein will be considered maximum unless extended by mutual agreement in writing. All time limits shall be calendar days unless otherwise indicated. Calendar-day time limits shall not apply during any school holiday or school vacation between any teacher September and June.
Section 3: The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to the grievances of employees covered by this Agreement Agreement. The Committee and the Board Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance at the procedural level involved.
Section 4: Nothing herein contained shall be construed to prevent any person from informally discussing any matter in his/her own interest with his/her supervisor, the Administration, or between the Committee.
Section 5: An employee with a grievance may be represented at all stages of the grievance procedure by a person of his/her own choosing except that he/she may not be represented by a representative of any teacher organization other than the Association. When an employee is not represented by the Association, the Association shall have the right to be present and state its views at all stages of the Board concerning the interpretation, application, operation or alleged violation grievance procedure above Step 1.
Section 6: Failure at any step of this Agreement, including any dispute as procedure to whether communicate the difference is arbitrable, decision of a grievance within the specified time limits to the aggrieved employee shall be dealt with as follows, without stoppage of work permit the aggrieved party or refusal parties to perform workproceed to the next step.
21.02 Any Section 7: A grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference filed within twenty (20) school days from the day the employee had or reasonably should have had knowledge of the event upon which the grievance is based.
Section 8: Step 1: An employee with a grievance will present it promptly to his/her Supervisor either directly or alleged violation being filed through the Association. If the grievance is not resolved to the satisfaction of the grievant within seven (7) days after the submission at Step 1, the grievant may present the grievance in writing with (on a form mutually agreeable to the Boardparties) to the Superintendent or his/her designee within fifteen (15) days after the grievance was rejected at Step 1, or, if no decision was made within the seven (7) day limit at Step 1, within fifteen (15) days after the seven (7) day time limit expires. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled resolved at Step 2 within fifteen fourteen (1514) school days, the grievance may be presented to the Committee within twenty-one (21) days of the expiration of the fourteen (14) day time limit or within twenty-one (21) days after the date of submission of on which the grievance was rejected by the Superintendent or his/her designee. The Committee shall issue its decision in accordance with Article 21.02, then on or before a further five writing within twenty (520) school days has elapsed after the grievance shall be referred in writing by the grievor to is presented.
A. Where the grievance committee. The grievance shall set out involves the nature violation of the grievance, the articles a specific term and/or provision of this Agreement that it is alleged and if such grievance shall not have been violated and satisfactorily disposed of at Step 3, the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as Association may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the unsettled grievance to arbitration shall notify the other in writing of its desire to submit within twenty (20) days after the difference to arbitration. Such notice shall contain a statement decision of the difference and Committee under Step 3. The arbitrator shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon selected by agreement between the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree upon an arbitrator within fifteen (15) days, the selection shall be made in accordance with the rules and regulations of the American Arbitration Association.
B. The arbitrator will issue his/her decision not later than thirty (30) days from the date of the close of hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted.
C. Notwithstanding any contrary provisions, no dispute or controversy shall be the subject of arbitration unless it involves the interpretation or application of a person specific term or provision of this Agreement.
D. The arbitrator will be without power or authority to act as a single arbitratoralter, either party may add to, or subtract from the provisions of this Agreement or to make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the partiesdecision which:
1. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator violates or is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter inconsistent with any of the terms of this Agreement or applicable law;
2. exceeds his/her jurisdiction and authority under law and this Agreement;
3. involves any matter which by law or under the terms of this Agreement is within the exclusive authority of the Principal and/or Superintendent or the Committee.
21.09 If E. The arbitrator’s fee, including per diem expenses, if any, will be borne equally by the arbitratorCommittee and the Association.
F. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of Xxxxxx for any employee involved in presenting such grievance.
G. Any meeting with reference to the grievance-arbitration procedure shall be held during non-work hours.
Section 9: Notwithstanding any contrary provision in this Agreement, the following shall not be subject to the grievance-arbitration provisions of this Agreement:
A. Any incident which occurred or failed to occur prior to the effective date of this Agreement;
B. Matters which may be reviewed by the Civil Service Commission, the Teachers’ Retirement Board, the City of Xxxxxx Retirement Board, or any matter involving the dismissal or demotion of a Unit E member.
C. Dismissal of a probationary* Unit E member.
D. The failure or refusal of the Superintendent and/or Principal, as the case may be, to renew the contract of, or reappoint, a probationary Unit E member; however, the parties agree to the following in the event that the Superintendent fails to reappoint or renew the contract of a probationary Unit E member:
1. Upon written request to the Superintendent by the Unit E member involved, the Superintendent or his/her designee will meet with the Unit E member to discuss the reason/s for such non-renewal or non-reappointment. Upon request of the Unit E member, the Association President or his/her designee will be present.
2. Any written response to the Superintendent’s action by the Unit E member will be filed with or attached to the Unit E member’s personnel record.
Section 10: The parties may, by his awardmutual agreement, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, submit more than one pending grievance to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the same arbitrator.
21.11 The purpose Section 11: If, in the judgment of the Association, a grievance procedure provisions is cannot be appropriately addressed at Step One, said grievance shall commence at Step Two.
Section 12: A suspended employee shall not be entitled to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with utilize the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the grievance-arbitration provisions of this Agreement in the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage event he/she seeks review of the grievance/arbitration procedure may be extended.
21.13 As an alternative to suspension under the formal arbitration process set out above, by mutual agreement General Laws of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the partiesCommonwealth.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between Section 1: A grievance is defined as a dispute, claim, or controversy by an employee or employees concerning rates of pay, hours, or working conditions, or the interpretation or application of the terms of this Agreement.
Section 2: The time limits indicated herein will be considered maximum unless extended by mutual agreement in writing. All time limits shall be calendar days unless otherwise indicated. Calendar-day time limits shall not apply during any teacher school holiday or school vacation.
Section 3: The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those grievances of the employees covered by this Agreement Agreement. The Committee and the Board Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance at the procedure level involved. discussing any matter in his/her own interest with his/her supervisor, the Administration, or between the Committee.
Section 5: An employee with a grievance may be represented at all stages of the grievance procedure by a person of his/her own choosing except that he/she may not be represented by a representative of any teacher organization other than the Association. When an employee is not represented by the Association, the Association shall have the right to be present and state its views at all stages of the Board concerning the interpretation, application, operation or alleged violation grievance procedure above Step 1.
Section 6: Failure at any step of this Agreement, including any dispute as procedure to whether communicate the difference is arbitrable, decision of a grievance within the specified time limits to the aggrieved employee shall be dealt with as follows, without stoppage of work permit the aggrieved party or refusal parties to perform workproceed to the next step.
21.02 Any Section 7: A grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference filed within twenty (20) school days from the day the employee had or reasonably should have knowledge of the event upon which the grievance is based.
Section 8: Step 1: An employee with a grievance will present it promptly to his/her Principal or alleged violation being filed Supervisor either directly or through the Association. If the grievance is not resolved to the satisfaction of the grievant within seven (7) days after the submission at Step 1, the grievant may present the grievance in writing with (on a form mutually agreeable to the Boardparties) to the Superintendent of Schools or the designee of the Superintendent within fifteen (15) days after the grievance was rejected at Step 1, or if no decision was made within the seven (7) day limit at Step 1, within fifteen (15) days after the seven (7) day time limit. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled resolved at Step 2 within fifteen fourteen (1514) school days, the grievance may be presented to the Committee within twenty-one (21) days of the expiration of the fourteen (14) day time limit or within twenty-one (21) days after the date of submission of on which the grievance was rejected by the Superintendent of Schools or his/her designee. The Committee shall issue its decision in accordance with Article 21.02, then on or before a further five writing within twenty (520) school days has elapsed after the grievance shall be referred in writing by the grievor to is presented.
A. Where the grievance committee. The grievance shall set out involves the nature violation of the grievance, the articles a specific term and/or provision of this Agreement that it is alleged and if such grievance shall not have been violated and satisfactorily disposed of at Step 3, the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as Association may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the unsettled grievance to arbitration shall notify the other in writing of its desire to submit within twenty (20) days after the difference to arbitration. Such notice shall contain a statement decision of the difference and Committee under Step 3. The arbitrator shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon selected by agreement between the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree upon an arbitrator within fifteen (15) days, the selection shall be made by the American Arbitration Association, in accordance with its rules and regulations.
B. The arbitrator will issue his/her decision not later than thirty (30) days from the date of the close of hearings or if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted.
C. Notwithstanding any contrary provisions, no dispute or controversy shall be the subject for arbitration unless it involves the interpretation or application of a person specific term or provisions of this Agreement.
D. The arbitrator will be without power or authority to act as a single arbitratoralter, either party may add to, or detract from the provisions of this Agreement or to make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the partiesdecision which:
1. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator violates or is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter inconsistent with any of the terms of this Agreement or applicable law;
2. exceeds his/her jurisdiction and authority under law and this Agreement.;
21.09 If 3. involves any matter that by law or under the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if terms of this Agreement is within the collective agreement does not contain a specific penalty for the infraction that is the subject matter exclusive authority of the arbitrationPrincipal and/or Superintendent or the Committee;
4. involves any matter wherein the Principal and/or Superintendent, or Committee’s decision is final and binding under the terms of this Agreement or by law. Subject to the foregoing, the decision of the arbitrator may substitute any penalty for the discharge or discipline that, shall be submitted to the arbitrator, seems just Committee and reasonable in all the circumstances.
21.10 The parties Association and shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties the Committee, the Association, and no further action may the employee or employees who initiated the grievance.
E. The arbitrator’s fee, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be taken on that borne equally by the Committee and the Association.
F. No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of Xxxxxx for any means. employee involved in presenting such grievance.
G. Any costs incurred in this meeting with reference to the grievance-arbitration procedure shall be shared equally held during non-school hours.
Section 9: Notwithstanding any contrary provision in this Agreement, the following shall not be subject to the grievance-arbitration provisions of this Agreement:
A. Any incident that occurred or failed to occur prior to the effective date of this Agreement;
B. Matters that may be reviewed by Civil Service Commission, the Teachers’ Retirement Board, or any matter involving the dismissal or demotion of a teacher or Unit B member.
C. Dismissal of a probationary Unit B member.*
D. The failure or refusal of the Superintendent and/or Principal, as the case may be, to renew the contract of, or reappoint, a probationary Unit B member; however, the parties agree that in the event the Superintendent fails to reappoint or renew the contract of a (probationary) Unit B member;
1. Upon written request to the Superintendent by the partiesUnit B member involved, the Superintendent or his/her designee will meet with the Unit B member to discuss the reason/s for such non-renewal or non-reappointment. Upon request of the Unit B member, a member of the Ethics Committee of the Association will be allowed to be present.
2. Any written response to the Superintendent’s action by the Unit B member will be filed with or attached to the Unit B member’s personnel record. * A probationary Unit B member is one who has not served in that particular Unit B position for more than three (3) consecutive years.
Section 10: The parties may, by mutual agreement, submit more than one pending grievance to the same arbitrator.
Section 11: In the event a grievance is filed but all the steps have not been completed prior to the end of the school year, or if a grievance is filed after the end of the usual school year in June, such grievance shall be held in abeyance until the commencement of the school year the following September, at which time the time limitations set out herein shall continue to run.
Section 12: If, in the judgment of the Association, a grievance cannot be appropriately addressed at Level One, said grievance shall commence at Level Two.
Section 13: A suspended employee shall not be entitled to utilize the grievance-arbitration provisions of this Agreement in the event he/she seeks review of the suspension under the General Laws of the Commonwealth.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between 9.01. If any teacher covered by this Agreement grievances arise under the terms and the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation provisions of this Agreement, including the Hosts affected may either directly or through the shop xxxxxxx or representative of the Union, take the matter up with the
9.02. If the department manager and the Host are unable to reach an agreement, the matter shall be referred to the representative of the Union who shall meet with a representative of the Hotel and endeavor to reach a satisfactory resolution.
9.03. If the representative of the Union is unable to reach a settlement with the Hotel of the grievance, then such grievance shall be reduced to writing, and may thereafter be submitted to arbitration. Any grievance not submitted to arbitration within forty-five (45) days from the date it is filed with the Marriott shall be considered closed unless an extension of time is mutually agreed upon.
9.04. The arbitrator shall be mutually acceptable to the parties. If the parties cannot themselves agree upon an Arbitrator, either party may request that a list be furnished by the Federal Mediation and Conciliation Service and the parties shall select an Arbitrator mutually acceptable from such list. Upon the appointment of an Arbitrator selected from the list furnished by the Federal Mediation and Conciliation Service, the subject matter of the grievance shall be submitted to the Arbitrator. The decision of the Arbitrator shall be final and conclusive upon both parties and both parties agree to abide by the award of the Arbitrator. The fees and expenses of the Arbitrator shall be shared equally between the parties.
9.05. An Arbitrator shall not have any dispute as right or authority to whether add to, subtract from, or modify the difference terms and provisions of this Agreement. Further, the renewal, extension, modification or amendment of this Agreement shall not be the subject matter of the arbitration procedure. Any back pay award rendered by an Arbitrator shall be reduced by interim earnings of any sort and any period during which the recipient failed to attempt to mitigate wage loss.
(a) All disciplinary actions based on shoppers’ reports must be taken up within twenty (20) days of the infraction.
(b) All other infractions other than shoppers’ reporters and guest complaints, except where fraud, theft, or assault is arbitrableinvolved, shall must be dealt with as followswithin eight (8) calendar days. Where allegations of falsification of records or time theft are being investigated, without stoppage of work management has twenty-five (25) calendar days to issue discipline from the time the discipline occurred or refusal was discovered. If circumstances arise that prevent the Employer from completing its investigation, it shall notify the union that it will need additional time beyond the 25 calendar days to perform workcomplete its investigation.
21.02 Any grievance must (c) Disciplinary write-ups shall not be submitted considered after twelve (12) months.
(d) Written guest complaints may be acted upon by management in assessing discipline within thirty (30) school days of the occurrence, incident, or circumstances giving rise providing management otherwise investigates the incident to the grievanceextent practicable. Such written complaints may be offered by the Marriott in arbitration proceedings.
21.03 (e) Where such back pay has been agreed upon or awarded in the settlement of a difference arisesgrievance, Marriott shall supply the parties hereby agree that everything possible will be done to settle such a difference Union with proof of payment within twenty fourteen (2014) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee payment has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstancesmade.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by (a) If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, other party shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise respond by agreeing to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance arbitrator or alleged violation being filed in writing with the Boardproposing an alternative Arbitrator(s). Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision Failing agreement within ten (10) school working days of such time as may be agreed by the meetingparties, an appointment may be made by the Office of Arbitration at the request of either party. If The single Arbitrator shall be bound by all clauses in this Article in the grievance committee reaches a unanimous decision same manner as the arbitration board.
(b) Notwithstanding any of the foregoing, if either party does not agree to the disposition use of a sole arbitrator, the matter shall without seeking agreement of the grievance that decision shall other party be final heard and binding on all parties.
21.05 Where determined by a tri-partite board instead of a sole arbitrator. In such case, the parties fail party wishing to reach submit the issue to a satisfactory resolution tri- partite board should indicate, in its notice of intent to arbitrate or in a response to the grievance as referred other parties intent to in Article 21.04; arbitrate, that the grieving matter will be heard by a tri-partite Board of Arbitration. The party may wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) school working days refer after the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement receipt of the difference and appointment of the second of them, appoint a third person who shall specify be the person or persons chairperson of the party giving the notice is willing to accept as a single arbitratorArbitration Board. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties they are unable to agree on such a person to act as a single arbitratorChairperson or nominee, then either party may make a written then request to an appointment be made by the Federal Minister Office of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by itArbitration.
21.06 The arbitrator shall determine 9.02 No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heardgrievance.
21.07 9.03 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator Arbitration Board shall not change, modify have jurisdiction to amend or alter add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter 9.04 Each of the arbitration, parties hereto will bear the arbitrator may substitute any penalty for fee and expenses of the discharge or discipline that, to nominee appointed by it and the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear will equally share the fees and expenses of the arbitratorchairperson of the Arbitration Board.
21.11 9.05 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will arbitration award shall be deemed to be abandoned and inarbitrable unless binding on the parties agreed in writing to waive this Agreement and any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwiseemployees involved.
21.12 By mutual written agreement between the parties, the time 9.06 Time limits for each stage of the grievance/arbitration procedure provided in this Article 9 may be extended.
21.13 As an alternative to the formal arbitration process set out above, varied or extended by mutual specific written agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend in any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the partiesparticular proceeding.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION. 21.01 The City and the Teamsters strive to promote ethical, positive and cohesive labor/management relations and to maintain that as a mainstay of its institutional culture. Civil and professional interactions among all members of management, Union officials and employees are essential to support the efficient delivery of municipal services. Therefore, the parties are highly encouraged to resolve through discussions any grievances as defined herein. A grievance shall be defined as a dispute involving questions of interpretation or application of the specific terms of this Agreement. Having a desire to create and maintain labor harmony between them, the parties hereto agree that they will promptly attempt to resolve all grievances arising between them. Failure of probation shall not be subject to the grievance/arbitration procedure. Oral reprimands shall not be subject to the grievance/arbitration procedure. Grievances concerning written reprimands shall be filed at the next highest step over which the written reprimand was issued. Any difference grievance arising out of discipline greater than a written reprimand shall be commenced at Step 3. Disciplinary penalties resulting in suspensions of 24 hours or less (or equivalent penalties) shall be subject to the grievance and arbitration process with the exception that written reprimands may only be grieved through Step 3. Disciplinary penalties resulting in suspensions greater than 24 hours (or equivalent penalties) may be appealed through the grievance/arbitration process or at the employee’s option, through the Civil Service Commission, but not both. Should grievances arise between any teacher covered by the parties to this Agreement and the Board or between the Association employees covered herein and the Board concerning City, the interpretationaggrieved party to this Agreement or employee or employees, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrablecase may be, shall be dealt with use the following procedure as follows, without stoppage the sole means of work or refusal to perform work.
21.02 Any resolving said grievances in the following manner: The grievance must be submitted within thirty (30) school days of cite the occurrence, incident, or circumstances giving rise specific Article and Section allegedly violated in the Agreement. The written grievance must also include the remedy sought to correct the alleged grievance.
21.03 Where such Step 1. If there is an employee (or employees) who believe they have been aggrieved, he/she with the xxxxxxx or a difference arises, the parties hereby agree that everything possible will be done to settle such witness shall first notify their immediate supervisor of a difference potential grievance within twenty (20) school 5 working days of the grievance or alleged violation being filed in writing with the Boardknowledge. Any pertinent correspondence shall be made available at that timeThe supervisor will respond verbally within five (5) working days of such meeting.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of Step 2. Failing to resolve the grievance in accordance with Article 21.02Step 1, the Union may then on or before a further five (5) school days has elapsed the reduce such grievance shall be referred in to writing by the grievor and submit it to the grievance committeeDivision Head or designee no later than 15 working days of knowledge. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated Union xxxxxxx and/or business representative and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee Division Head or designee shall meet and endeavour to attempt to resolve the grievance and shall render its decision within ten (10) school working days from receipt of written grievance. The Division Head or designee shall provide a written response within 5 working days of the Step 2 meeting.
Step 3. If the grievance committee reaches is not resolved at Step 2, the Union may request a unanimous decision as to Step 3 meeting with the disposition GCWW Director within 5 working days from receipt of the grievance that decision Step 2 response. The Union xxxxxxx and/or business representative and Director or designee shall be final and binding on all parties.
21.05 Where the parties fail meet to reach a satisfactory resolution attempt to resolve the grievance as referred to in Article 21.04; the grieving party may within ten (10) school working days refer the matter to arbitrationfrom receipt of Step 3 meeting request. The party advancing the grievance to arbitration Director or designee shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain provide a statement written response within 10 working days of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitratorStep 3 meeting.
Step 4. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does grievance is not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitrationsatisfactorily resolved at Step 3, the arbitrator may substitute any penalty for the discharge or discipline thatUnion may, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.five
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between Section 1: A grievance is defined as any teacher covered by this Agreement and the Board or between the Association and the Board dispute concerning the interpretation, application, operation meaning or alleged violation application or interpretation of the express provisions of this Agreement, including any dispute as to whether the difference is arbitrable, . Grievances shall be dealt processed in accordance with as follows, without stoppage the following procedure:
Step 1: The employee and/or the Union official shall notify and or discuss the matter with the ADS of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty Human Resources no later than ten (3010) school calendar days of the occurrence, incident, or circumstances event giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event Step 2: If the grievance is not settled between the employee and/or the Union xxxxxxx and his supervisor at Step 1, the employee and/or the Union xxxxxxx and/or a Union officer shall present the grievance in writing (setting forth a concise statement of the facts on which the grievance is based and the article and section of the Agreement allegedly violated, signed by the employee or Union representative), to the Sheriff within fifteen (15) school calendar days after of the occurrence of the event giving rise to the grievance or the date the employee knew or should have known of submission of the event. The Sheriff or his designee shall answer the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school calendar days of the meeting. its presentation.
Step 3: If the grievance committee reaches a unanimous decision as to is still unsettled, the disposition of Union and only the grievance that decision Union, shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing submit the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement within thirty (30) calendar days of the difference date on which the Sheriff’s answer is due. Grievances involving discipline, discharge, promotion and shall specify other areas within the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one administrative control of the persons proposed as arbitratorSheriff may be submitted to arbitration bypassing Step 2. In such case, the grievance shall be submitted to arbitration by the Union within thirty (30) days of the date on which the Sheriff’s answer is due.
Section 2: Submission to arbitration shall be accomplished by a letter to the American Arbitration Association, and a copy to the Sheriff within the thirty (30) calendar days specified in Step 3.
Section 3: If a grievance is not timely raised initially or presented within any of the time limits specified in Section 1, it shall notify be deemed abandoned and not entitled to consideration thereafter. Time limits may be extended by the other party accordingly within five (5) school daysmutual agreement of the parties, and the difference shall thereupon be submitted parties may mutually agree to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept bypass any of the persons proposed as arbitrator, it Steps contained herein. The Union shall notify have the other party accordingly within five (5) school days right to have any union official or union attorney at any level of the grievance procedure and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed employees shall be deemed, allowed reasonable time off for all purposes, to have been appointed the processing of grievances.
Section 4: Arbitration shall be conducted pursuant to the collective agreement between rules of the partiesAmerican Arbitration Association. The arbitrator shall inquire into and determine No decision may include or deal with any issue or matter which is not expressly made subject to arbitration under the difference and shall issue an award in writingterms of this Agreement. The decision of the arbitrator is shall be in writing and shall be final and binding upon the parties except that the arbitrator shall
Section 5: Each party shall be responsible for one-half of the expenses and upon every employee affected fees of an arbitrator designated under this Article and any administrative costs of the American Arbitration Association except for the initial filing fee which shall be paid by itthe Union.
21.06 The arbitrator shall determine Section 6: Any incident which occurred or failed to occur prior to the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator execution of this Agreement shall not change, modify or alter any of be subject to the terms grievance-arbitration provisions of this Agreement.
21.09 If Section 7: The arbitration provisions of this Agreement shall not apply to a grievance unless the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, elects arbitration as final and if binding and as the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstancesexclusive remedy.
21.10 The parties shall bear equally (a) A signed grievance on a mutually agreed upon form filed by the fees and expenses of the arbitrator.
21.11 The purpose employee in Step 2 of the grievance procedure provisions is shall constitute an election hereunder.
(b) In matters involving the discharge of an employee with five (5) or more years of service, said employee, after a hearing before the Sheriff in accordance with Mass. General Laws, Chapter 35, Section 51, may elect to ensure that any have the matter finally determined and resolved by an arbitrator under Article IX, Section 1, Step 3 of this Agreement. Such grievance is processed in an expeditious mannershall commence at Step 2 of the grievance-arbitration procedure. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance Submission of the grievance to arbitration within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed specified in writing to waive any time limit. If the respondent fails to comply with the provisions Step 3 shall constitute an election of the grievance arbitration procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between 13.01 It is the desire of the parties to process the grievance of any teacher covered by this Agreement and the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute employee as to whether the difference is arbitrable, shall be dealt with quickly as follows, without stoppage of work or refusal to perform workpossible.
21.02 13.02 Any matter, which may become the subject of a grievance must be submitted within thirty (30) school days of taken up with the occurrence, incident, or circumstances giving rise employee’s immediate supervisor before any grievance is reduced to writing. The matter to be discussed must be brought to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision supervisor’s attention within ten (10) school working days of the employee’s first awareness of the problem. The employee may request and will be granted the presence of a Xxxxxxx to assist him in his presentation. If the matter is not resolved to the satisfaction of the employee within two (2) working days following the discussion with the supervisor, the matter will be referred, in writing, to the next level of supervision as follows:
STEP 1 The written grievance will be presented to the Warehouse Manager or anyone designated by the Operations Manager. A meeting will be arranged with the grievor within two (2) working days of the receipt of the grievance. The employee may request and will be granted the presence of a Xxxxxxx to assist him in his presentation. An answer will be forwarded to the grievor within two (2) working days of the meeting. If the matter is not settled to the satisfaction of the grievor, the matter will be referred to the Operations Manager and/or General Manager and the grievance committee reaches within two (2) working days of the answer to this step.
STEP 2 The parties will arrange a unanimous decision as meeting within five (5) working days of completion of STEP 1. Following the meeting of the parties, at which meeting the Representative of the International may be present at the request of either party, an answer will be delivered to the disposition Chief Xxxxxxx within five (5) working days of the meeting at STEP 2. If the grievance is not resolved to the satisfaction of the grievance that decision committee, the matter will be referred to arbitration within ten (10) working days of the answer to this step.
STEP 3 Within five (5) working days of the referral to arbitration by the Union, the Company must confirm the use of a single arbitrator or a three (3) man board to decide the dispute between the parties. Should a single arbitrator be agreed, the International Representative and the General Manager will meet to decide the name of the arbitrator. Should a full board be agreed, the parties will name a nominee to the board. The nominees will decide the name of the person to chair the board. The person so named to the chair will decide the date and location in which the matter will be heard as would be the case if the chair was agreed as a single arbitrator. All decisions arrived at under the foregoing procedure shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by itthis agreement.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by this Agreement and the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between SECTION 1. A grievance of any teacher covered by this Agreement and employee may be presented to the Board or between Company as follows:
A. The employee shall discuss his grievance immediately with his immediate supervisor. The employee may ask the Association and Shop Xxxxxxx to accompany him.
B. If the Board concerning the interpretationgrievance is not disposed of as in (A) above, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, it shall be dealt with as follows, without stoppage of work or refusal reduced to perform workwriting and referred to the Store Manager within four (4) working days.
21.02 Any C. If the grievance must is not disposed of as in (B) above, the Union Representative shall refer the grievance to the District Manager - Retail or the Region HR Manager within five (5) working days unless this time limit is extended by mutual agreement. If after following the aforementioned steps the grievance is not settled, the grievance may be submitted referred in writing to an Arbitrator within seven (7) days thereafter. The Arbitrator selected shall, within thirty (30) school days hear the evidence concerning a grievance and render his decision within thirty (30) days. The Arbitrator shall not have the power to make any awards changing, amending or adding to the provisions of this Agreement. His jurisdiction shall be limited to hearing and interpretation of cases arising out of alleged violations or misinterpretation of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days provisions of the grievance or alleged violation being filed in writing with contract. The Federal Mediation and Conciliation Service of the Board. Any pertinent correspondence U.S. Department of Labor shall be made available at that time.
21.04 In requested to submit the event names of seven (7) perspective arbitrators. The party to strike the grievance is not settled first name shall be determined by lot. Each party in turn then striking one (1) name until one (1) name remains who shall be the Arbitrator. On cases within fifteen (15) school days after his jurisdiction the date of submission decision of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision Arbitrator shall be final and binding on all partiesboth parties hereto. It is understood that the expenses of the hearing room and the Arbitrator’s fee shall be borne jointly by the Company and the Union.
21.05 Where SECTION 2. In the parties fail to reach event that a satisfactory resolution to grievance under the contractual grievance as referred to procedure alleges a violation of Article XVI issue, and such grievance is not resolved or otherwise terminated before the arbitration step, the Company and Union will stipulate on the record that the Impartial Umpire, in deciding the Article 21.04; the grieving party XVI issue, may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement apply settled law under Title VII of the difference and shall specify the person or persons the party giving the notice is willing to accept Civil Rights Act of 1964, as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school daysamended, and the difference shall thereupon Federal Civil Rights Act of 1866. It is understood that the settled law which may be submitted applied by the Umpire usually will be found in decisions of the Supreme Court of the United States. Decisions of the Circuit Courts of Appeals may be utilized if the Supreme Court has not decided the issue and there is no conflict among decisions of the Court of Appeals. In the event that an Article XVI issue is raised for the first time in the arbitration hearings, the parties agree to enter the above stipulation without prejudice to the arbitrator agreed upon by position of either or both that the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to issue should have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award raised in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by this SECTION 1. Disputes resulting from the interpretation of the Agreement and the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, its application shall be dealt with settled in the foregoing manner; provided, however, that no grievance shall be honored unless the same is presented no sooner than one (1) working day and no later than ten (10) working days after the cause for grievance arises. Each grievance shall be signed by a Union representative and by the aggrieved employee or employees. All grievances shall be submitted on a form developed by the Union and Department (attached hereto). Grievances shall be processed as follows, without stoppage :
(a) The written and signed statement of work or refusal grievance shall be presented to perform workthe designated head of the Department to which the aggrieved employee is normally assigned.
21.02 Any grievance must be submitted within thirty (30) school days SECTION 2. The designated head of the occurrence, incident, Line Department or circumstances giving rise the designated head of the Power Plant to which the grievancegrievance is presented shall respond in writing and shall have five (5) working days in which to discuss and resolve the grievance with the representative of the Union.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the BoardSECTION 3. Any pertinent correspondence shall be made available at that time.
21.04 In the event If the grievance is not settled within fifteen (15) school days after the date of submission of the grievance resolved in accordance with Article 21.02Section 2 immediately above, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school working days of the meeting. If the grievance committee reaches a unanimous decision as designated Section head’s response, to the disposition Manager of the Department by the Representative of the Union, and the Manager shall have ten (10) working days in which to make his decision with respect to the grievance. Any agreement between the parties to waive the time period for the filing of a grievance that or responding to a grievance shall be memorialized in writing by the party requesting the extension of time with a place for the requesting and granting parties to sign.
SECTION 4. Any grievance not adjusted between the Manager and the Union as provided in SECTION 3 shall upon written request of either party within thirty (30) days after denial of a grievance be referred for determination to an Arbitrator selected by agreement of the parties. In the event the parties are unable to select an Arbitrator who is mutually acceptable within twenty (20) days after the written notice to arbitrate has been given, the Arbitrator shall be designated by the American Arbitration Association at the request of either party.
SECTION 5. Each party to the Agreement shall bear the expenses of preparing and presenting its own case. The fee and expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties hereto.
SECTION 6. The arbitrator's decision shall be final and binding on all parties.
21.05 Where upon the parties fail to reach a satisfactory resolution to Department, the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school daysUnion, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitratorits members, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, except that either party may make petition a written request to the Federal Minister court of Labour to appoint an arbitrator, and any person so appointed shall be deemed, competent jurisdiction for all purposes, to have been appointed pursuant to the collective agreement between the partiesreview of errors in law.
SECTION 7. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator Arbitrator shall not change, modify have the power to amend or alter any of the terms of add to this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable SECTION 8. All times defined in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will this article can be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, extended by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the partiesagreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, other party shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise respond by agreeing to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance arbitrator or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision proposing an alternative Failing agreement within ten (10) school working days of such time as may be agreed by the meetingparties, an appointment may be made by the Office of Arbitration at the request of either party. If The single Arbitrator shall be bound by all clauses in this Article in the grievance committee reaches a unanimous decision same manner as the arbitration board. Notwithstanding any of the foregoing, if either party does not agree to the disposition use of a sole arbitrator, the matter shall without seeking agreement of the grievance that decision shall other party be final heard and binding on all parties.
21.05 Where determined by a board instead of a sole arbitrator. In such case, the parties fail party wishing to reach submit the issue to a satisfactory resolution tri- partite board should indicate, in its notice of intent to arbitrate or in a response to the grievance as referred other parties intent to in Article 21.04; arbitrate, that the grieving matter will be heard by a Board of Arbitration. The party may wishing to submit the issue to a board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) school working days refer after the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement receipt of the difference and appointment of the second of them, appoint a third person who shall specify be the person or persons chairperson of the party giving the notice is willing to accept as a single arbitratorArbitration Board. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties they are unable to agree on such a person to act as a single arbitratorChairperson or nominee, then either party may make then request an appointment be made by the Office of Arbitration. No person may be appointed as a written request nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the partiesgrievance. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator Arbitration Board shall not change, modify have jurisdiction to amend or alter add to any of the terms provisions of this Agreement.
21.09 If , or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, terms and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter provisions of this Agreement. Each of the arbitration, parties hereto will bear the arbitrator may substitute any penalty for fee and expenses of the discharge or discipline that, to nominee appointed by it and the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear will equally share the fees and expenses of the arbitrator.
21.11 The purpose chairperson of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious mannerArbitration Board. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will The arbitration award shall be deemed to be abandoned and inarbitrable unless binding on the parties agreed to this Agreement and any employees involved. Time limits provided in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure this Article may be extended.
21.13 As an alternative to the formal arbitration process set out above, varied or extended by mutual specific written agreement of the parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to someone who will hear a Dispute Resolution Mediator. The parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions but may not be used make recommendations to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference SECTION 1 - Definition A grievance shall be defined as any dispute or violation arising between any teacher covered Local 6082 or member(s) with the Corporation. All parties recognize that the provision of a method by which all complaints, disputes, controversies, or other grievances can be resolved is in the best interests of harmonious labor relations. If differences or disputes arise during the life of this Agreement the parties shall be bound by any written decisions, determinations, agreements, or settlements which may be effectuated through this grievance-arbitration procedure. The written grievance shall be submitted on a grievance form as agreed to by both parties and shall include:
(1) a statement of the grievance and the Board or between pertinent facts;
(2) the Association and provisions of the Board concerning contract alleged to have been violated; and,
(3) the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform workremedy sought.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.SECTION 2 - Steps
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within Step 1: Within twenty (20) school working days of the time the grievant or AHMC knows or becomes aware of an alleged violation, the grievant shall file a written grievance either by him/herself or alleged violation being filed through AHMC with the first supervisor outside the bargaining unit. The supervisor then has fifteen (15) working days to respond in writing to the employee and AHMC either granting or denying the grievance. A grievance not brought within the time limits prescribed for in Step One shall be considered void. Should the Corporation not comply with the Board. Any pertinent correspondence time limits as specified herein, the relief sought shall be made available at that timegranted by default and implemented by the Corporation.
21.04 In Step 2: If the event grievant or AHMC is not satisfied with the response, the grievance is not settled shall, within fifteen (15) school working days from the date the Step 1 response is due, be submitted by the grievant or AHMC to the Director of Housing Management and Maintenance in writing. The Director of Housing Management and Maintenance shall respond in writing to the employee and AHMC within fifteen (15) working days after the Step 2 written grievance was due.
Step 3: If the matter is not resolved in Step 2, the written grievance shall be submitted by the employee through an APEA/AFT Field Representative to the Executive Director, or designee, within fifteen (15) working days after the receipt of the Director of Housing Management and Maintenance's response. The Executive Director, or designee, shall review the facts and, if requested by the employee or APEA/AFT, hold a fact-finding hearing fifteen (15) working days from the date the Step 3 appeal is received. Upon completion of the hearing or upon submission of the grievance in accordance with Article 21.02Step 3 appeal if no hearing is requested, then on the Executive Director, or before designee, shall have fifteen (15) working days to reduce his/her decision to writing and submit such concurrently to both the employee and Local 6082. In the event the matter is settled by written agreement between the APEA/AFT Field Representative and the Executive Director, such written agreement shall have the same force and effect as a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature decision or award of the grievance, the articles of this Agreement that it is alleged have been violated arbitrator and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where each of the parties fail and they will abide thereby. Step 4 - Arbitration Failing to reach a satisfactory resolution to resolve the grievance as referred to in Article 21.04; at Step 3 of the grieving party grievance procedure, the employee through APEA/AFT may within ten (10) school days refer submit the matter grievance to arbitration. The party advancing Local 6082 must notify the Executive Director, or designee, of its intent to arbitrate the grievance to arbitration no later than fifteen (15) working days after the Step 3 response is due. Grievances alleging discrimination as specified in Article 4 (Nondiscrimination) shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement be grievable through Step 3 of the difference and grievance procedure, but shall specify not be arbitrable. Should the person matter not be settled in Step 3, the grievant shall refer the complaint to the appropriate federal, state or persons local agency which has jurisdiction over the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one subject matter of the persons proposed as arbitrator, it shall notify the other party accordingly within five grievance. Selection of an Arbitrator Within seven (57) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any calendar days of the persons proposed as arbitratorwritten notification that the dispute is submitted for arbitration, it the Employer and Local 6082 shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing attempt to accept as a single agree on an arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, Local 6082 shall request the Federal Mediation and any person so appointed Conciliation Service to supply a list of seven arbitrators and the parties shall alternately strike names from such list until the name of one (1) arbitrator remains who shall be deemed, for all purposes, the arbitrator. The party to have been appointed pursuant to strike the collective agreement between the partiesfirst name shall be decided by a coin toss. The arbitrator shall inquire into be notified immediately of his or her selection by letters from the Employer and determine Local 6082 requesting the difference time and shall issue an award in writingplace for a hearing be set as soon as possible. The decision of the arbitrator is arbitrator's award shall be final and binding upon subject to the parties and upon every employee affected by it.
21.06 limits of the authority stated below. The arbitrator shall determine consider only the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 particular issues presented in writing by the Employer and/or Local 6082. The arbitrator shall have no authority or power to determine whether any matter is arbitrable.
21.08 The arbitrator shall not changeadd to, modify delete from, disregard, or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedureAgreement, but shall be authorized only to interpret the existing provisions of the Agreement as they may apply to specific facts of the issue(s) in dispute. The arbitrator shall not decide on the merit or wisdom of any action or failure to act, but only on the contractual obligation inherent in the Agreement. Fees and other expenses incurred through the services of the arbitrator shall be borne entirely by the losing party. If in the opinion of the arbitrator neither party can be considered the losing party, then such expenses shall be apportioned as in the arbitrator's judgment. Extension of Time Frames Time frames for the grievance/arbitration process may be extended only by written mutual agreement of Local 6082 and the Employer. Failure by either party to process the grievance is processed or response thereto within the designated time frames, excluding the filing date or response date for Step 1, will have the effect of moving the grievance to the next step. Filing dates or response due dates for either party shall mean that the filing or response shall be postmarked on or before the due date. If the filing or response is hand-delivered, unless then it shall be received by the parties agree otherwise.
21.12 By mutual written agreement between other party on or before the parties, due date and the time limits for each stage receiving party shall provide a signed verification of the grievancedate received. Employer Grievances Grievances alleging violations of this agreement, or the filing of frivolous or abusive grievances by Local 6082 shall be filed with the Business Manager of APEA/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out aboveAFT, by mutual agreement the Corporation, within twenty (20) working days of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the partiesaction.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by this Agreement and the Board or between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.does
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between Section 1: A grievance is defined as any teacher covered by this Agreement and the Board or between the Association and the Board dispute concerning the interpretation, application, operation meaning or alleged violation application or interpretation of the express provisions of this Agreement, including any dispute as to whether the difference is arbitrable, . Grievances shall be dealt processed in accordance with as follows, without stoppage the following procedure:
Step 1: The employee and/or the Union official shall notify and or discuss the matter with the ADS of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty Human Resources no later than ten (3010) school calendar days of the occurrence, incident, or circumstances event giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event Step 2: If the grievance is not settled between the employee and/or the Union xxxxxxx and his supervisor at Step 1, the employee and/or the Union xxxxxxx and/or a Union officer shall present the grievance in writing (setting forth a concise statement of the facts on which the grievance is based and the article and section of the Agreement allegedly violated, signed by the employee or Union representative), to the Sheriff or his designee within fifteen (15) school calendar days after of the occurrence of the event giving rise to the grievance or the date the employee knew or should have known of submission of the event. The Sheriff or his designee shall answer the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school calendar days of the meeting. its presentation.
Step 3: If the grievance committee reaches a unanimous decision as to is still unsettled, the disposition of Union and only the grievance that decision Union, shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing submit the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement within thirty (30) calendar days of the difference date on which the Sheriff’s answer is due. Grievances involving discipline, discharge, promotion and shall specify other areas within the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one administrative control of the persons proposed as arbitratorSheriff may be submitted to arbitration bypassing Step 2. In such case, the grievance shall be submitted to arbitration by the Union within thirty (30) days of the date on which the Sheriff’s answer is due.
Section 2: Submission to arbitration shall be accomplished by a letter to the American Arbitration Association, and a copy to the Sheriff within the thirty (30) calendar days specified in Step 3.
Section 3: If a grievance is not timely raised initially or presented within any of the time limits specified in Section 1, it shall notify be deemed abandoned and not entitled to consideration thereafter. Time limits may be extended by the other party accordingly within five (5) school daysmutual agreement of the parties, and the difference shall thereupon be submitted parties may mutually agree to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept bypass any of the persons proposed as arbitrator, it Steps contained herein. The Union shall notify have the other party accordingly within five (5) school days right to have any union official or union attorney at any level of the grievance procedure and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed employees shall be deemed, allowed reasonable time off for all purposes, to have been appointed the processing of grievances.
Section 4: Arbitration shall be conducted pursuant to the collective agreement between rules of the partiesAmerican Arbitration Association. The arbitrator shall inquire into and determine No decision may include or deal with any issue or matter which is not expressly made subject to arbitration under the difference and shall issue an award in writingterms of this Agreement. The decision of the arbitrator is shall be in writing and shall be final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine except that the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority no power to determine whether any matter is arbitrable.
21.08 The arbitrator shall not changeadd to, subtract from, or modify or alter any of the terms of this Agreement and shall confine his decision to the issues submitted.
Section 5: Each party shall be responsible for one-half of the expenses and fees of an arbitrator designated under this Article and any administrative costs of the American Arbitration Association except for the initial filing fee which shall be paid by the Union.
Section 6: Any incident which occurred or failed to occur prior to the execution of this Agreement shall not be subject to the grievance-arbitration provisions of this Agreement.
21.09 If Section 7: The arbitration provisions of this Agreement shall not apply to a grievance unless the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, elects arbitration as final and if binding and as the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstancesexclusive remedy.
21.10 The parties shall bear equally (a) A signed grievance on a mutually agreed upon form filed by the fees and expenses of the arbitrator.
21.11 The purpose employee in Step 2 of the grievance procedure provisions is shall constitute an election hereunder.
(b) In matters involving the discharge of an employee with five (5) or more years of service, said employee, after a hearing before the Sheriff in accordance with Mass. General Laws, Chapter 35, Section 51, may elect to ensure that any have the matter finally determined and resolved by an arbitrator under Article IX, Section 1, Step 3 of this Agreement. Such grievance is processed in an expeditious mannershall commence at Step 2 of the grievance-arbitration procedure. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance Submission of the grievance to arbitration within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed specified in writing to waive any time limit. If the respondent fails to comply with the provisions Step 3 shall constitute an election of the grievance arbitration procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference SECTION 1 - Definition A grievance shall be defined as any dispute or violation arising between any teacher covered Local 6082 or member(s) with the Corporation. All parties recognize that the provision of a method by which all complaints, disputes, controversies, or other grievances can be resolved is in the best interests of harmonious labor relations. If differences or disputes arise during the life of this Agreement the parties shall be bound by any written decisions, determinations, agreements, or settlements which may be effectuated through this grievance-arbitration procedure. The written grievance shall be submitted on a grievance form as agreed to by both parties and shall include:
(1) a statement of the grievance and the Board or between pertinent facts;
(2) the Association and provisions of the Board concerning contract alleged to have been violated; and,
(3) the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform workremedy sought.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.SECTION 2 - Steps
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within Step 1: Within twenty (20) school working days of the time the grievant or AHMC knows or becomes aware of an alleged violation, the grievant shall file a written grievance either by him/herself or alleged violation being filed through AHMC with the first supervisor outside the bargaining unit. The supervisor then has fifteen (15) working days to respond in writing to the employee and AHMC either granting or denying the grievance. A grievance not brought within the time limits prescribed for in Step One shall be considered void. Should the Corporation not comply with the Board. Any pertinent correspondence time limits as specified herein, the relief sought shall be made available at that timegranted by default and implemented by the Corporation.
21.04 In Step 2: If the event grievant or AHMC is not satisfied with the response, the grievance is not settled shall, within fifteen (15) school working days from the date the Step 1 response is due, be submitted by the grievant or AHMC to the Director of Housing Management and Maintenance in writing. The Director of Housing Management and Maintenance shall respond in writing to the employee and AHMC within fifteen (15) working days after the Step 2 written grievance was due.
Step 3: If the matter is not resolved in Step 2, the written grievance shall be submitted by the employee through an APEA/AFT Field Representative to the Executive Director, or designee, within fifteen (15) working days after the receipt of the Director of Housing Management and Maintenance's response. The Executive Director, or designee, shall review the facts and, if requested by the employee or APEA/AFT, hold a fact-finding hearing fifteen (15) working days from the date the Step 3 appeal is received. Upon completion of the hearing or upon submission of the grievance in accordance with Article 21.02Step 3 appeal if no hearing is requested, then on the Executive Director, or before designee, shall have fifteen (15) working days to reduce his/her decision to writing and submit such concurrently to both the employee and Local 6082. In the event the matter is settled by written agreement between the APEA/AFT Field Representative and the Executive Director, such written agreement shall have the same force and effect as a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature decision or award of the grievance, the articles of this Agreement that it is alleged have been violated arbitrator and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where each of the parties fail and they will abide thereby. Step 4 - Arbitration Failing to reach a satisfactory resolution to resolve the grievance as referred to in Article 21.04; at Step 3 of the grieving party grievance procedure, the employee through APEA/AFT may within ten (10) school days refer submit the matter grievance to arbitration. The party advancing Local 6082 must notify the Executive Director, or designee, of its intent to arbitrate the grievance to arbitration no later than fifteen (15) working days after the Step 3 response is due. Grievances alleging discrimination as specified in Article 4 (Nondiscrimination) shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement be grievable through Step 3 of the difference and grievance procedure, but shall specify not be arbitrable. Should the person matter not be settled in Step 3, the grievant shall refer the complaint to the appropriate federal, state or persons local agency which has jurisdiction over the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one subject matter of the persons proposed as arbitrator, it shall notify the other party accordingly within five grievance. Selection of an Arbitrator Within seven (57) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any calendar days of the persons proposed as arbitratorwritten notification that the dispute is submitted for arbitration, it the Employer and Local 6082 shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing attempt to accept as a single agree on an arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, Local 6082 shall request the Federal Mediation and any person so appointed Conciliation Service to supply a list of seven arbitrators and the parties shall alternately strike names from such list until the name of one (1) arbitrator remains who shall be deemed, for all purposes, the arbitrator. The party to have been appointed pursuant to strike the collective agreement between the partiesfirst name shall be decided by a coin toss. The arbitrator shall inquire into be notified immediately of his or her selection by letters from the Employer and determine Local 6082 requesting the difference time and shall issue an award in writingplace for a hearing be set as soon as possible. The decision of the arbitrator is arbitrator's award shall be final and binding upon subject to the parties and upon every employee affected by it.
21.06 limits of the authority stated below. The arbitrator shall determine consider only the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 particular issues presented in writing by the Employer and/or Local 6082. The arbitrator shall have no authority or power to determine whether any matter is arbitrable.
21.08 The arbitrator shall not changeadd to, modify delete from, disregard, or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedureAgreement, but shall be authorized only to interpret the existing provisions of the Agreement as they may apply to specific facts of the issue(s) in dispute. The arbitrator shall not decide on the merit or wisdom of any action or failure to act, but only on the contractual obligation inherent in the Agreement. Fees and other expenses incurred through the services of the arbitrator shall be borne entirely by the losing party. If in the opinion of the arbitrator neither party can be considered the losing party, then such expenses shall be apportioned as in the arbitrator's judgment. Extension of Time Frames Time frames for the grievance/arbitration process may be extended only by written mutual agreement of Local 6082 and the Employer. Failure by either party to process the grievance is processed or response thereto within the designated time frames, excluding the filing date or response date for Step 1, will have the effect of moving the grievance to the next step. Filing dates or response due dates for either party shall mean that the filing or response shall be postmarked on or before the due date. If the filing or response is hand-delivered, unless then it shall be received by the parties agree otherwise.
21.12 By mutual written agreement between other party on or before the parties, due date and the time limits for each stage receiving party shall provide a signed verification of the grievancedate received. Employer Grievances Grievances alleging violations of this agreement, or the filing of frivolous or abusive grievances by Local 6082 shall be filed with the Business Manager of APEA/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out aboveAFT, by mutual agreement the Corporation, within twenty (20) working days of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the partiesaction.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by The term "days" as used in this Agreement Article means business days. Each Local of the Union, Annapolis, West, and Kings, shall no later than September of each school year appoint not more than three (3) teachers to be members of a committee which shall be known as the Grievance Committee and the function of which shall be to deal with grievances. The Union shall appoint and the Board shall recognize the Grievance Committee of the Locals representing all regular members of the Union to deal with grievances. The Union shall inform the Board in writing of the members of the Committee or any change therein. A grievance is a dispute arising between the Association Board and a teacher or the Board and the Board concerning Union regarding the interpretation, application, operation administration or any alleged violation of this Agreement, including Agreement or any dispute amendment or attachment thereto. Any question as to whether the difference a matter is arbitrable, arbitrable shall be dealt determined in accordance with as followsthis Article Wherever practicable the person making the complaint should first attempt to resolve the matter informally through discussions with the other persons involved. Individual grievances shall be processed in the following manner: Within ten days after the alleged grievance has come to the attention of the the representative shall submit the grievance in writing to the Coordinator of Employee and Labour Relations and provide a copy to the Chair of the Grievance Committee. The grievance shall bear the signature of the teacher, and shall provide a summary of the facts giving rise to the grievance and the requested resolution. The Coordinator of Employee and Labour Relations shall meet with the with or without stoppage the Chair of work the Grievance Committee (or refusal designate) in an endeavour to perform work.
21.02 Any resolve the dispute. The Coordinator of Employee and Labour Relations shall reply in writing to the with a copy to the Chair of the Grievance Committee, within ten days from the date the grievance must be submitted was received. If the reply of the Coordinator of Employee and Labour Relations is not acceptable to the the Grievance Committee may, within thirty (30) school ten days of the occurrencereply being received, incidentsubmit the grievance in writing to the Director of Human Resources, or circumstances outlining a summary of the facts giving rise to the grievance.
21.03 Where , an identification of the specific of the Agreement alleged to have been violated and a description of any relief sought. The Director of Human Resources shall then arrange and hold a meeting with the Grievance Committee to discuss the grievance. At such a difference arises, meeting there may be present such additional persons as the parties hereby may mutually agree that everything possible will be done to settle such a difference within twenty (20) school upon and both parties shall act reasonably in this regard. Within ten days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out the nature receipt of the grievance, the articles Director of this Agreement that it is alleged have been violated and Human Resources shall reply in writing to the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meetinggrievance. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration shall notify the other in writing of its desire to submit the difference to arbitration. Such notice shall contain a statement of the difference and shall specify the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, and the difference shall thereupon be submitted to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions resolved at Step of the grievance procedure, the Union may, within ten (10) days following the receipt of the reply of the Director of Human Resources, refer the grievance is processed to arbitration by giving a notice in writing to the next step, unless the parties agree otherwiseDirector of Human Resources.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any For the purpose of this Agreement, a grievance or com- plaint is defined as a difference arising either between any teacher covered by this Agreement a member of the bargaining unit and the Board Hospital or between the Association and the Board concerning parties hereto relating to the interpretation, application, operation administration or alleged violation of this the Agreement, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
21.02 Any grievance must be submitted within thirty (30) school days of the occurrence, incident, or circumstances giving rise to the grievance.
21.03 Where such a difference arises, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of the grievance or alleged violation being filed in writing with the Board. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after the date of submission of the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall be referred in writing by the grievor to the grievance committee. The grievance shall set out identify the nature of the grievance, the articles remedy sought, and should, where possible, specify the pro- visions of this the Agreement that it is which are alleged to have been violated and the remedy soughtvio- lated. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employeerequest, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition presence of xxxxxxx. In the grievance that decision shall be final and binding on all parties.
21.05 Where case of suspension or discharge, the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter to arbitration. The party advancing the grievance to arbitration Hospital shall notify the other employee of his right in writing advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of its such suspension or discharge in writing, within three days. It is the mutual desire to submit of the difference to arbitrationparties hereto that com- plaints shall be adjusted as quickly as possible, and is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such notice complaint shall contain a statement be discussed with his immediate super- visor within five after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the difference and shall specify employee. Failing settlement within the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one of the persons proposed as arbitratorfive days, it shall notify the other party accordingly then be taken up as a grievance within five (5days following his immediate decision in the following manner and sequence. The employee shall submit the grievance, in writing and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision, in writing, days following the day on which the written grievance was presented to Failing settlement then: Within five ( 5 ) school daysdays following the decision under Step the employee accompanied by a union xxxxxxx or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the difference same person. Failing settlement then: Within five ( 5 ) days following the decision in the immedi- ately preceding step, the. grievance shall thereupon be submitted submitted, in to the arbitrator agreed upon by the parties. If the party receiving the notice does not accept any Chief Executive Officer of the persons proposed as arbitrator, it shall notify Hospital or the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writingdesignated Hospital representative. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee has been discharged or otherwise disciplined by an employer for cause, and if the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure Hospital shall be shared equally by delivered, in writing, within ten days following the partiesdate of such meeting.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE ARBITRATION. 21.01 Any difference between any teacher covered by this Agreement and the Board All questions, controversies, differences, disputes, complaints or other grievances that may arise between the Association and the Board concerning the interpretation, application, operation or alleged violation of this Agreement, including any dispute as to whether the difference is arbitrableparties hereto, shall be dealt with as followssubjected to the grievance procedure and, without stoppage if necessary, the arbitration procedure set forth below. Grievances shall be presented by either party within seven (7) working days after the party submitting the grievances became aware of work or refusal the incident giving rise to perform work.
21.02 Any grievance the grievances, except that grievances concerning rate of pay, holiday allowance, vacation pay and seniority must be submitted presented within thirty (30) school working days after the party became aware of the incident. If the grievance or complaints are not presented within these time limits, they shall not be considered or discussed. In the event of any grievance over a discharge, the Union shall notify the Employer of these grievances within fourteen (14) working days after the discharge or its right to arbitration shall be forfeited.
Sept 1 — By conference between the aggrieved employee ac companied by Xxxxxxx and/or the Business Agent, and the Store Manager.
Sept 2 — In the case of failure to arrive at a decision in the first step within seven (7) working days of presenta tion, the occurrence, incident, or circumstances giving rise Business Agent shall outline the complaint in discussion with the District Manager in an attempt to settle the grievance.
21.03 Where such Step 3 — In the case of failure to arrive at a difference arisesdecision in the se cond step within seven (7) working days of presenta tion to District Manager, the parties hereby agree that everything possible will be done to settle such a difference within twenty (20) school days of Business Agent shall outline the grievance or alleged violation being filed complaint in writing with to the BoardPersonnel Director for a decision. Any pertinent correspondence shall be made available at that time.
21.04 In the event the grievance is not settled within fifteen (15) school days after negotiations between the date of submission of Union and the Company officials fail to satisfactorily settle the complaint in any step, either the Union or the Employer may cause the grievance in accordance with Article 21.02, then on or before a further five (5) school days has elapsed the grievance shall to be referred in writing submitted to arbitration by the grievor giving written notice of its desire to the grievance committee. The grievance other party within fourteen (14) working days, or it shall set out the nature of the grievance, the articles of this Agreement that it is alleged have been violated and the remedy sought. The grievance committee shall be made up of the following individuals: For the Board: The Chair of the Board and /or another Trustee The Superintendent Plus one other as may be needed. For the Association: The President and/or Regional President The Executive Director The employee, if applicable The grievance committee shall meet and endeavour to resolve the grievance and shall render forfeit its decision within ten (10) school days of the meeting. If the grievance committee reaches a unanimous decision as to the disposition of the grievance that decision shall be final and binding on all parties.
21.05 Where the parties fail to reach a satisfactory resolution to the grievance as referred to in Article 21.04; the grieving party may within ten (10) school days refer the matter right to arbitration. The parties agree that issues may arise of a general nature regarding the interpretation or application of this Agreement, or affecting or tending to affect more than one (1) employee in the bargaining unit, and that such issue need not be subjected to the en tire grievance procedure, but may be initiated at any step deemed appropriate by the party advancing bringing the grievance. The party submitting the grievance to arbitration shall notify select the other in writing appropriate State Board of its desire to submit Mediation and Arbitration or the difference to arbitrationAmerican Arbitration Association. Such notice The decision of said Board or Arbitrator shall contain a statement be binding on all parties. In the event the services of the difference and shall specify American Arbitration Association are used, the person or persons the party giving the notice is willing to accept as a single arbitrator. If the party receiving the notice accepts the person or one names of the persons proposed as arbitrator, it shall notify the other party accordingly within five (5) school days, Ar bitrators shall be submitted and the difference Union and the Company shall thereupon alternately strike a name from the list and the remaining name shall be submitted the Arbitrator. Grievance referred to Arbitration shall be reduced to writing at the arbitrator agreed upon time Arbitration is requested. The Board of Mediation and Arbitration or the Ar bitrator shall not add or subtract from the terms of this agreement or any subsequent supplements thereof. At any step in this grievance procedure the Executive Board of this Local Union shall have the final authority, in respect to any aggrieved employee covered by this Agreement, to decline to process a grievance, complaint, difficulty or dispute further if in the parties. If the party receiving the notice does not accept any judgment of the persons proposed as arbitratorExecutive Board such grievance or dispute lacks merit, it shall notify the other party accordingly within five (5) school days and shall indicate the person or persons it is willing to accept as a single arbitrator. If the parties are unable to agree on a person to act as a single arbitrator, either party may make a written request to the Federal Minister of Labour to appoint an arbitrator, and any person so appointed shall be deemed, for all purposes, to have been appointed pursuant to the collective agreement between the parties. The arbitrator shall inquire into and determine the difference and shall issue an award in writing. The decision of the arbitrator is final and binding upon the parties and upon every employee affected by it.
21.06 The arbitrator shall determine the arbitration procedure but shall give full opportunity to all parties to present evidence and to be heard.
21.07 The arbitrator shall have authority to determine whether any matter is arbitrable.
21.08 The arbitrator shall not change, modify or alter any of lacks justifica tion under the terms of this Agreement.
21.09 If the arbitrator, by his award, determines that an employee or has been discharged adjusted or otherwise disciplined justified under the terms of this Agree ment to the satisfaction of the Union Executive Board. It is understood and agreed that all employees within the bargaining unit covered by an employer for causethis Agreement must exercise all their rights, privileges or necessary pro cedures under this Agreement, the International and if Local Union Constitution, in the collective agreement does not contain a specific penalty settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this Agreement for the infraction that is the subject matter settlement of the arbitration, the arbitrator may substitute any penalty for the discharge or discipline that, to the arbitrator, seems just and reasonable in all the circumstancessuch grievances.
21.10 The parties shall bear equally the fees and expenses of the arbitrator.
21.11 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the time limits is mandatory. If a grieving party does not advance the grievance within the time limits specified, the grievance will be deemed to be abandoned and inarbitrable unless the parties agreed in writing to waive any time limit. If the respondent fails to comply with the provisions of the grievance procedure, the grievance is processed to the next step, unless the parties agree otherwise.
21.12 By mutual written agreement between the parties, the time limits for each stage of the grievance/arbitration procedure may be extended.
21.13 As an alternative to the formal arbitration process set out above, by mutual agreement of the parties a grievance may be referred to someone who will hear the grievance and at the conclusion of the hearing, give a written order without reasons. These decisions may not be used to alter, modify or amend any part of the Collective Agreement, and are made without precedent or prejudice to similar or like cases. The written order will be final and binding upon both parties and no further action may be taken on that grievance by any means. Any costs incurred in this procedure shall be shared equally by the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
