GRIEVANCE PROCEDURE AND ARBITRATION 8.01 Any employee or the Union has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. The Employer also agrees, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union has no grievance concerning an individual nurse until the Director of Care or her/his designate has been given an opportunity of adjusting the complaint. Such complaint shall be discussed with the Director of Care within fifteen (15) working days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) working days, it shall then be taken up as a grievance within nine (9) working days in the following manner and sequence: The Union may present the grievance to the Administrator, or her/his designate, who shall render her/his decision within five (5) working days after the presentation of the grievance to her/him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If the decision is unsatisfactory, then the grievance may be presented in the following manner: Within ten (10) working days after the decision is given at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board of Directors of the Manor to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Union. The decision of the committee of the Board of Directors will be rendered in writing to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meeting.
GRIEVANCE PROCEDURE 8.01 The purpose of this Article is to establish a procedure for the settlement of grievances. A grievance shall be defined as any dispute or difference arising out of the alleged violation, application, administration or interpretation of the provisions of the Agreement. 8.01.01 All grievance correspondence from the employer shall be sent to the local CUPE President. 8.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement shall discuss the grievance providing specific details of the alleged contravened Articles with the employee's immediate supervisor. Such employee shall be accompanied by the employee's area xxxxxxx unless the employee specifically directs the area xxxxxxx otherwise. Such a complaint shall be brought to the attention of the immediate supervisor within five (5) working days of the incident giving rise to the complaint except in the case of a complaint involving computation of pay, in which case the complaint must be filed in writing within five (5) working days after the receipt of pay. The immediate supervisor shall render the decision verbally within five (5) working days of receiving the complaint. The immediate supervisor shall mean the immediate supervisor outside the bargaining unit. Step I Should the employee be dissatisfied with the immediate supervisor's disposition of the complaint. The area xxxxxxx may refer such matter on a written grievance form supplied by CUPE within five (5) working days of receipt of the immediate supervisor's reply to the complaint. The complaint shall now constitute a formal grievance at Step I. The Manager of Plant Services shall answer the grievance in writing within five (5) working days of receipt of the grievance at Step I. The grievance shall specify the Article, clause and subsections of which violation is alleged, contain a precise statement of the facts relied upon, indicate the relief sought, and be signed by the employee. Should the grievance rely solely on Article 3 of the Collective Agreement as the article violated the grievance shall be considered a step two grievance and be forwarded to the Administrator of Employee Relations. Should the Union be dissatisfied with the disposition of the grievance at Step I, the grievance may be referred to the Administrator of Employee Relations within five (5) working days of receipt of the Manager of Plant Services' reply to Step I. The Administrator of Employee Relations shall answer the grievance in writing within five (5) working days of receipt of the grievance at Step II. If no settlement is reached at Step II, the Grievance Committee of the Union will meet with the Director of Education of the Board within five (5) working days of receipt of the reply of the Administrator of Employee Relations to discuss the grievance. A National Union Representative may be in attendance at this meeting. If the grievance is not settled within five (5) working days, it may be referred to arbitration as hereinafter provided. Prior to the grievance being arbitrated the union reserves the right to review the matter with trustees. By agreement of the parties, grievance mediation will also be considered. 8.03 The employer may initiate a grievance beginning at Step III of the Grievance Procedure. Such grievance shall be filed within ten (10) working days of the incident giving rise to the complaint and in the format prescribed in Step I. Any grievance may be referred to arbitration. 8.04 The Union may initiate a grievance at the second step, on behalf of the bargaining unit, notwithstanding the provisions of clause 8.02 except that this clause will not allow the Union the right to file a grievance on behalf of an individual employee or group of employees, other than a group of employees at one specific location. 8.05 Employees who are covered by this Agreement shall be required to follow the procedures laid down in Article VIII and any employee who appeals directly to any Trustee, Senior Manager/Supervisory Officer of the employer shall thereby forfeit all rights under this article. 8.06 Any grievance not processed through to the next stage of the Grievance Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the employer and the Union 8.07 No grievance may be submitted concerning the termination of employment, layoff or disciplining of a probationary employee, except a grievance filed under Article (IV) - Relationship. 8.08 Should the grievance be denied, the employer will endeavor to explain or indicate the reasons for such denial, in writing.
Grievance Procedures The AGENCY agrees to establish a formal written grievance process with procedures through which clients and recipients of services may present grievances to the governing authority of the AGENCY regarding services being provided under this Contract. Additionally, the AGENCY agrees to establish fair hearing procedures that ensure all persons will be advised of their rights to a fair hearing to appeal a denial or exclusion from services and/or the failure of staff to take into account the individual’s choice of service. The AGENCY’S internal grievance procedure must document and include, at a minimum, the following: date of grievance, a written response to the applicant sent within thirty (30) days, and the opportunity for the applicant to meet with the AGENCY Executive Director or designee. Upon request by the COUNTY, the AGENCY shall provide a written report as to the grievance outcome within five (5) normal COUNTY working days. The AGENCY will maintain these documents on file for review by the COUNTY.