GRIEVANCE PROCEDURE AND ARBITRATION BOARD. Should any difference (hereinafter called a arise between the Board and any employee as to the interpretation, application, administration or alleged violation of this Agreement, an xxxxxxx effort to settle such grievance without undue delay shall be in the following manner. If within two days from the time such representations were presented a decision satisfactory to the employee is not given, then such employee accompanied by a xxxxxxx may within three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible or other designated by the Board from time to time Three If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee by a xxxxxxx may within four days after such decision has been given or should have been given, make representations in writing, to the coordinator to whom the employee and the manager are responsible, or other representative designated by the Board from time to time. Such representations shall state the nature of the grievance, the remedy sought and any provisions of the Agreement upon which the grievance is based. Such official or other designate shall notify the employee of the time and place at which they will meet to discuss consider the written representations and the decision given at Stage Two. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of the matter. Such official shall give the decision in writing on behalf of the Board. At the request of either party, a national representative of the Union may be present. Four If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage Three. Such meeting shall be held within ten days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten days after such meeting. At the request of either party, a national representative of the Union may be present. Any difference (hereinafter called a icy arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, may be submitted in writing by either party hereto with opportunity for discussion between the officers of the Local Union and representatives of the Board. If the parties are unable to settle such policy difference within ten days from such discussion then the party to whom the said notice was delivered shall reply to such policy difference in writing within fifteen days from such discussion. Nothing in this Agreement shall be deemed to take away the right of an individual employee to present any of the personal problems to any official of the Board. If any grievance or policy difference, including any question as to whether the matter is arbitrable or not, shall not have been satisfactorily settled pursuant to the provisions of this Article, the grievance or policy difference may then be referred by either party to this Agreement to arbitration by written notice given to the other party within fifteen (15) days from the date when the decision of the Deputy Director at Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairperson. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. If the parties fail to agree upon a chairperson within five days, party may request the Office of Arbitration of the Ministry of Labour to choose the chairperson. The decision of the majority of the arbitrators shall be final and binding upon all parties concerned and any employee affected by it, but if there is no majority decision, that of the chairperson will be the decision of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. In any arbitration the written representation of the employee made at Stage Three and any decision of the Deputy Director at Stage Four or, the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set out. Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. Witness fees and allowances shall be paid by the party calling the witness. Each shall pay one-half of the expenses and fees payable to the chairperson and the whole of the expenses fees of their own appointees. If any party disagrees with the other as to the meaning or application of the decision, it may apply to the chairperson of the board of arbitrators within ten days from the issue of the decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the parties.
Appears in 1 contract
Samples: Local Agreement Extension
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. Should any difference (hereinafter called a arise between the Board and any employee as to the interpretation, application, administration or alleged violation of The time limits specified in this Agreement, an xxxxxxx effort to settle such grievance without undue delay Article shall be in deemed to be exclusive of Saturdays, Sundays and the following manner. If within two days from specified holidays recognized herein, and may be extended by mutual consent of the time such representations were presented a decision satisfactory to Stage One The Union shall submit the employee is not givenemployee's grievance, then such employee accompanied by a xxxxxxx may within three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible or other designated by the Board from time to time Three If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee by a xxxxxxx may within four days after such decision has been given or should have been given, make representations in writing, to the coordinator to whom Manager of Human Resources within five (5) working days of the employee and date the manager are responsible, or other representative designated by the Board from time to timealleged violation occurred. Such representations The grievance shall state the nature of the grievancealleged violation, the remedy sought and any provisions of the Agreement upon which the grievance is based. Such The Manager of Human Resources shall call a meeting of the the employee's xxxxxxx, the Department Manager, Principal and the Manager of Human Resources within five (5) working days of the receipt of the written grievance. An official or other designate written response will be given to the Union within five (5) days of the date of the meeting. Stage Two If the response given at Stage One is not satisfactory to the Union, the Union shall re-submit the grievance to the Employee Relations Officer within five (5) days of the receipt of the response. The Employee Relations Officer shall notify the employee Union of the time and place at which they a meeting will meet be called for the the grievance committee, the national representative and the Employee Relations to discuss and consider the written representations grievance and the decision response given by the Manager of Human Resources at Stage TwoOne. Every The Employee Relations Officer will make every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of the matter. Such official shall give the decision and will respond in writing on behalf of the Board. At the request of either party, a national representative of to the Union may be present. Four If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) working days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage ThreeTwo meeting. Such meeting Grievance For purpose of this Agreement, a policy grievance shall be held within ten days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten days after such meeting. At the request of either party, as a national representative of the Union may be present. Any difference (hereinafter called a icy arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees. The Union shall submit the policy grievance, in writing, to the Manager of Human Resources, stating the nature of the alleged violation, the remedy sought and any provisions of the Agreement upon which the grievance is based. If the policy grievance is being put forward by the Board, it shall be submitted, in writing, as above, to the President. The Manager of Human Resources shall convene a meeting with appropriate Board Union personnel to clarify and discuss the details of the policy grievance. In the event that the dispute is not settled through this informal discussion, Stage Two shall be invoked. The Employee Relations Officer shall notify the Union of the time and place at which a meeting will be called for the grievance committee, the national Representative, the Manager of Human Resources and the Employee Relations Officer to discuss, consider and attempt to resolve the policy grievance. A response (by the Union or the Board) will be provided within fifteen (15) working days of the Stage Two meeting. Grievance Arbitration Both parties to this Agreement agree that any dispute or grievance concerning the interpretation, application, administration or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined above, and which has not been settled, may be submitted in writing by referred to a Board of Arbitration or a sole arbitrator at the written request of either party hereto with opportunity for discussion between the officers of Union or the Local Union and representatives of the Board. If the parties are unable to settle such policy difference within ten days from such discussion then the party to whom the said notice was delivered shall reply to such policy difference in writing within fifteen days from such discussion. Nothing in this Agreement shall be deemed to take away the right of an individual employee to present any of the personal problems to any official of the Board. If any grievance or policy difference, including any question as to whether the matter is arbitrable or not, shall not have been satisfactorily settled pursuant to the provisions of this Article, the grievance or policy difference may then be referred by either party to this Agreement to arbitration by written notice given to the other party Employer within fifteen (15) days from the date when the decision of the Deputy Director at reply under Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairpersongrievance procedure. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. The Board of Arbitration will be composed of one person appointed by the Employer, one person appointed by the Union and a third person to act as the Chair chosen by the other two members of the Board. When either party requests that a grievance be submitted to Arbitration, the request shall be made in writing addressed to the other Party indicating the name of its nominee to the Board of Arbitration. Within fifteen (15) days of the request of either Party for a Board, the other Party shall answer, in writing, indicating the name of its nominee to the Arbitration Board. Should the two nominees fail to agree on a third person within fifteen (15) days of the notification mentioned in Article above, the Minister of Labour will be asked to nominate a person to act as Chair of the Arbitration Board.
(a) The Union or the Board may, refer the grievance to arbitration to be dealt with by a sole arbitrator. The other party shall within five (5) days of receipt of such notice reply in writing stating whether arbitration by a sole arbitrator is acceptable. If in the reply referred to in (a), the other party states that arbitration by a sole arbitrator is acceptable, the parties shall endeavour to agree upon the selection of a sole arbitrator. If the parties fail to agree upon select a chairperson sole arbitrator within five ten (10) days, party may request the Office of Arbitration of appointment should be made by the Ministry of Labour to choose upon the chairpersonwritten request by either party. The decision of the a Board of Arbitration, or (a majority thereof), or sole arbitrator, shall be binding on both parties. The Board of Arbitration or a sole arbitrator shall not have any power to alter or change any of the arbitrators shall be final provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and binding upon all parties concerned and any employee affected by it, but if there is no majority decision, that of the chairperson will be the decision of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part provisions of this Agreement. In any arbitration the written representation Each of the employee made at Stage Three Parties to this Agreement will bear the expenses of their nominee and any decision will jointly bear the fees and expenses, if any, of the Deputy Director at Stage Four or, the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set out. Each party to an arbitration shall be entitled through counsel Chair or otherwise to present evidence, to cross- examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the othersole arbitrator. Witness fees and allowances shall be paid by the party calling the witness. Each shall pay one-half of the expenses and fees payable to the chairperson and the whole of the expenses fees of their own appointees. If any party disagrees with the other as to the meaning or application of the decision, it may apply to the chairperson Chair of the board Board of arbitrators Arbitration, or the sole arbitrator, within ten (10) working days from the issue of the decision decision, with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. Should 16.01 A grievance is any difference (hereinafter called a arise between the Board and complaint or any employee as dispute relating to the interpretation, application, administration terms and conditions of employment submitted by the Union within thirty (30) days of the incident or alleged violation of this Agreement, an xxxxxxx effort infraction. The Employer and the Union agree that it is most desirable to settle such grievance without undue delay shall be in the following manner. If within two days from the time such representations were presented a decision satisfactory to the employee is not given, then such employee accompanied by a xxxxxxx may within three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible or other designated by the Board from time to time Three If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee by a xxxxxxx may within four days after such decision has been given or should have been given, make representations in writing, to the coordinator to whom resolve complaints and disputes through discussions between the employee and the manager. Both the Employer and Union agree that employees shall discuss their complaints with their managers so as to resolve differences quickly and directly without having to refer to the following formal process.
Step 1: The grievance shall be taken up with the Unit manager are responsible, or other designate. The Unit manager or designate shall render a written decision to the Union within seven (7) days. Union policy grievances and grievances that involve a dismissal or a suspension in excess of seven (7) days may begin at Step 2. Step 2: Grievances not resolved in Step 1 may be submitted to the Director or designate who will render a written decision within seven (7) days. If settlement is not achieved the Union may proceed to Step 3 within twenty-one (21) days. Step 3: A representative as designated by the Board from time to time. Such representations Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, shall state consult with the nature Senior Vice President of Operations or designate of the grievance, Saskatchewan Gaming Corporation to attempt to achieve settlement. If settlement is not achieved within a further seven (7) days the remedy sought and any provisions of the Agreement upon which Union may submit the grievance is basedto Arbitration. Such official or other designate shall notify Note: The time limits in the employee preceding process may be extended by mutual agreement between the parties provided that the requests for extensions are made prior to the expiry of the time and place limit.
16.02 Employees may have the benefit of representation by Union officials at which they will meet to discuss consider the written representations and the decision given at Stage Two. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice any step of the matter. Such official shall give grievance procedure.
16.03 The parties may agree to the decision appointment of a mediator to assist in writing on behalf resolving the grievance.
16.04 Any grievance not resolved or withdrawn during the course of the Board. At the request of either party, a national representative of the Union may be present. Four If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage Three. Such meeting shall be held within ten days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten days after such meeting. At the request of either party, a national representative of the Union may be present. Any difference (hereinafter called a icy arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, grievance procedure may be submitted by the Union to Arbitration as hereinafter provided.
16.05 The Arbitration Board shall have the power to receive and accept evidence and information on oath, affidavit or otherwise as in writing by either party hereto with opportunity for discussion between the officers its discretion it considers proper.
16.06 The Board of the Local Union and representatives of the Board. If the parties are unable to settle such policy difference within ten days from such discussion then the party to whom the said notice was delivered shall reply to such policy difference Arbitration in writing within fifteen days from such discussion. Nothing in this Agreement reaching its decision shall be deemed to take away the right of an individual employee to present any of the personal problems to any official of the Board. If any grievance or policy difference, including any question as to whether the matter is arbitrable or not, shall not have been satisfactorily settled pursuant to governed by the provisions of this ArticleAgreement and shall not have the authority to change, alter, modify, amend or delete any of its provisions. A decision of a majority of the grievance or policy difference may then Board shall be referred by either party taken to this Agreement to arbitration by written notice given to the other party within fifteen (15) days from the date when be the decision of the Deputy Director at Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairperson. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. If the parties fail to agree upon a chairperson within five days, party may request the Office of Arbitration of the Ministry of Labour to choose the chairperson. The decision of the majority of the arbitrators shall be final and binding upon on all parties concerned concerned.
16.07 Each party shall pay the fees and any employee affected by it, but if there is no majority decision, that expenses of the chairperson will be the decision its nominee to a Board of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. In any arbitration the written representation of the employee made at Stage Three and any decision of the Deputy Director at Stage Four or, the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set outArbitration. Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. Witness fees and allowances shall be paid by the party calling the witness. Each shall pay one-half (50%) of the fees and expenses and fees payable to the chairperson and the whole of the expenses fees Chairperson of their own appointeesthe Board of Arbitration.
16.08 Nothing herein shall prohibit the parties from agreeing to a single Arbitrator. If any party disagrees with so, then the other as Articles pertaining to the meaning or application of the decision, it may an Arbitration Board shall apply to the chairperson sole Arbitrator.
16.09 If the Arbitrator or Board of Arbitration finds that an employee has been discharged or otherwise disciplined by the board Employer, the Arbitrator or Board of arbitrators within ten days from Arbitration may substitute such other penalty as seems just and reasonable in the issue circumstances.
16.10 When the Board of the Arbitration has been formed in accordance with this Article, it shall meet and hear evidence of both sides as soon as is practicable and render a decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the partiesas soon as possible.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. 6.01 Should any difference (hereinafter called a "grievance") arise between the Board and any employee as to the interpretation, application, administration or alleged violation of this Agreement, an xxxxxxx effort to settle such grievance without undue delay shall be made in the following manner. If within two days from the time such .
6.02 Stage One - An aggrieved employee shall first submit any representations were presented a decision satisfactory in writing to the employee is not given, then such employee accompanied by a xxxxxxx may within three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible employee's immediate supervisor or other representative designated by the Board from time to time Three either directly or through the employee's xxxxxxx. Any such grievance shall be presented within ten (10) days of the time when it arose.
6.03 Stage Two - If within four (4) days from the time such representations in writing, were presented a decision satisfactory to such employee is not given, then such employee accompanied by a xxxxxxx may within four (4) days after such decision has been given or should have been given, given make representations in writing, to the coordinator to whom the employee and the manager are responsibleManager, or other representative designated by the Board from time to time. Such representations shall state the nature of the grievance, the remedy sought and any provisions of the Agreement upon which the grievance is based. Such official or other designate shall notify the employee of the time and place at which they will meet to discuss and consider the written representations and the decision given at Stage TwoOne. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of the matter. Such official shall give the decision in writing on behalf of the Board. At the request of either party, a national representative of the Union may be present. Four .
6.04 Stage Three - If within five (5) days from the day representations at Stage Three Two were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three Two to the Deputy Director of Education, Human Resourcesor designate. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage ThreeTwo. Such meeting shall be held within ten (10) days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten (10) days after such meeting. At the request of either party, a national representative of the Union may be present. .
6.05 Any difference (hereinafter called a icy "policy difference") arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, may be submitted in writing by either party hereto with opportunity for discussion between the officers of the Local Union and representatives of the Board. If the parties are unable to settle such policy difference within ten (10) days from such discussion then the party to whom the said notice was delivered shall reply to such policy difference in writing within fifteen (15) days from such discussion. .
6.06 Nothing in this Agreement shall be deemed to take away the right of an individual employee to present any of the employee's personal problems to any official of the Board. .
6.07 If any grievance or policy difference, including any question as to whether the matter is arbitrable or not, shall not have been satisfactorily settled pursuant to the provisions of this Article, the grievance or policy difference may then be referred by either party to this Agreement to arbitration by written notice given to the other party within fifteen (15) days from the date when the decision of the Deputy Director at Stage Four Three was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven (7) days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairperson. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. .
6.08 If the parties fail to agree upon a chairperson within five (5) days, either party may request the Office of Arbitration of the Ministry of Labour to choose the chairperson. The decision of the majority of the arbitrators shall be final and binding upon all parties concerned and any employee affected by it, but if there is no majority decision, that of the chairperson will be the decision of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. .
6.09 In any arbitration the written representation of the employee made at Stage Three Two and any decision of the Deputy Director at Stage Four Three or, in the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set out. .
6.10 Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- cross-examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. .
6.11 Witness fees and allowances shall be paid by the party calling the witness. .
6.12 Each party shall pay one-half of the expenses and fees payable to the chairperson and the whole of the expenses and fees of their own appointees. .
6.13 If any party disagrees with the other as to the meaning or application of the decision, it may apply to the chairperson of the board of arbitrators within ten (10) days from the issue of the decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. .
6.14 The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. Should 16.01 A grievance is any difference (hereinafter called a arise between the Board and complaint or any employee as dispute relating to the interpretation, application, administration terms and conditions of employment submitted by the Union within thirty (30) days of the incident or alleged violation of this Agreement, an xxxxxxx effort infraction. The Employer and the Union agree that it is most desirable to settle such grievance without undue delay shall be in the following manner. If within two days from the time such representations were presented a decision satisfactory to the employee is not given, then such employee accompanied by a xxxxxxx may within three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible or other designated by the Board from time to time Three If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee by a xxxxxxx may within four days after such decision has been given or should have been given, make representations in writing, to the coordinator to whom resolve complaints and disputes through discussions between the employee and the manager. Both the Employer and Union agree that employees shall discuss their complaints with their managers so as to resolve differences quickly and directly without having to refer to the following formal process.
Step 1: The grievance shall be taken up with the Unit manager are responsible, or other designate. The Unit manager or designate shall render a written decision to the Union within seven (7) days. Union policy grievances and grievances that involve a dismissal or a suspension in excess of seven (7) days may begin at Step 2.
Step 2: Grievances not resolved in Step 1 may be submitted to the Director or designate who will render a written decision within seven (7) days. Step 3: A representative as designated by the Board from time to time. Such representations Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, shall state consult with the nature Senior Vice President of Operations or designate of the grievance, Saskatchewan Gaming Corporation to attempt to achieve settlement. Step 4: Written notice may be given by the remedy sought and any provisions of the Agreement upon which Union that the grievance is basedproceeding to Arbitration. Such official or other designate Within seven (7) days the parties shall notify appoint their members for the employee Board of Arbitration. Within a further seven (7) days the nominees shall appoint a Chairperson of the time and place at which they will meet to discuss consider Board of Arbitration. In the written representations and the decision given at Stage Two. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of the matter. Such official shall give the decision in writing on behalf of the Board. At the request of either party, a national representative of the Union may be present. Four If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage Three. Such meeting shall be held within ten days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten days after such meeting. At the request of either party, a national representative of the Union may be present. Any difference (hereinafter called a icy arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, may be submitted in writing by either party hereto with opportunity for discussion between the officers of the Local Union and representatives of the Board. If event that the parties are unable to settle such policy difference within ten days from such discussion then agree on a Chair, the party to whom Minister of Labour of the said notice was delivered shall reply to such policy difference in writing within fifteen days from such discussion. Nothing in this Agreement Province of Saskatchewan shall be deemed requested to take away make an appointment.
16.02 Employees may have the right benefit of an individual employee to present representation by Union officials at any step of the personal problems grievance procedure.
16.03 The parties may agree to any official the appointment of a mediator to assist in resolving the grievance.
16.04 Any grievance not resolved or withdrawn during the course of the Board. If any grievance procedure may be submitted by the Union to Arbitration as hereinafter provided.
16.05 The Arbitration Board shall have the power to receive and accept evidence and information on oath, affidavit or policy difference, including any question otherwise as to whether the matter is arbitrable or not, in its discretion it considers proper.
16.06 The Board of Arbitration in reaching its decision shall not have been satisfactorily settled pursuant to be governed by the provisions of this ArticleAgreement and shall not have the authority to change, alter, modify, amend or delete any of its provisions. A decision of a majority of the grievance or policy difference may then Board shall be referred by either party taken to this Agreement to arbitration by written notice given to the other party within fifteen (15) days from the date when be the decision of the Deputy Director at Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairperson. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. If the parties fail to agree upon a chairperson within five days, party may request the Office of Arbitration of the Ministry of Labour to choose the chairperson. The decision of the majority of the arbitrators shall be final and binding upon on all parties concerned concerned.
16.07 Each party shall pay the fees and any employee affected by it, but if there is no majority decision, that expenses of the chairperson will be the decision its nominee to a Board of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. In any arbitration the written representation of the employee made at Stage Three and any decision of the Deputy Director at Stage Four or, the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set outArbitration. Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. Witness fees and allowances shall be paid by the party calling the witness. Each shall pay one-half (50%) of the fees and expenses and fees payable to the chairperson and the whole of the expenses fees Chairperson of their own appointeesthe Board of Arbitration.
16.08 Nothing herein shall prohibit the parties from agreeing to a single Arbitrator. If any party disagrees with so, then the other as Articles pertaining to the meaning or application of the decision, it may an Arbitration Board shall apply to the chairperson sole Arbitrator.
16.09 If the Arbitrator or Board of Arbitration finds that an employee has been discharged or otherwise disciplined by the board Employer, the Arbitrator or Board of arbitrators within ten days from Arbitration may substitute such other penalty as seems just and reasonable in the issue circumstances.
16.10 When the Board of the Arbitration has been formed in accordance with this Article, it shall meet and hear evidence of both sides as soon as is practicable and render a decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the partiesas soon as possible.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. Should 17.01 A grievance is any difference (hereinafter called a arise between the Board and complaint or any employee as dispute relating to the interpretation, application, administration terms and conditions of employment submitted by the Union within thirty (30) days of the incident or alleged violation of this Agreement, an xxxxxxx effort infraction.
17.02 The Employer and the Union agree that it is most desirable to settle such grievance without undue delay shall be in the following manner. If within two days from the time such representations were presented a decision satisfactory to the employee is not given, then such employee accompanied by a xxxxxxx may within three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible or other designated by the Board from time to time Three If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee by a xxxxxxx may within four days after such decision has been given or should have been given, make representations in writing, to the coordinator to whom resolve complaints and disputes through discussions between the employee and the manager are responsible, supervisor. Both the Employer and the Union shall encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly without having to refer to the following formal process.
17.03 Where an employee has been banned from the Casino the Union may move the grievance meeting off Casino property to a mutually acceptable venue.
Step 1: The grievance shall be taken up with the Operational Shift Manager or other The Bank Shift Manager. The Operational Shift Manager or Bank Shift Manager shall render a written decision to the Union within seven (7) days. Union policy grievances and grievances that involve a dismissal or a suspension in excess of seven (7) days may begin at Step 2. Step 2: Grievances not resolved in Step 1 may be submitted to the Director of Operations or Manager of Bank Operations who will render a written decision within seven (7) days. Step 3: A representative as designated by the Board from time to time. Such representations Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, shall state consult with the nature Senior Vice President of Operations or Senior Vice President of Finance and IT of the grievance, Saskatchewan Gaming Corporation to attempt to achieve settlement. Step 4: Written notice may be given by the remedy sought and any provisions of the Agreement upon which Union that the grievance is basedproceeding to Arbitration. Such official or other designate Within seven (7) days the parties shall notify appoint their members for the employee Board of Arbitration. Within a further seven (7) days the nominees shall appoint a Chairperson of the time and place at which they will meet to discuss consider Board of Arbitration. In the written representations and the decision given at Stage Two. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of the matter. Such official shall give the decision in writing on behalf of the Board. At the request of either party, a national representative of the Union may be present. Four If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage Three. Such meeting shall be held within ten days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten days after such meeting. At the request of either party, a national representative of the Union may be present. Any difference (hereinafter called a icy arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, may be submitted in writing by either party hereto with opportunity for discussion between the officers of the Local Union and representatives of the Board. If event that the parties are unable to settle such policy difference within ten days from such discussion then agree on a Chair, the party to whom Minister of Labour of the said notice was delivered shall reply to such policy difference in writing within fifteen days from such discussion. Nothing in this Agreement Province of Saskatchewan shall be deemed requested to take away make an appointment.
17.04 Any grievance not resolved or withdrawn during the right of an individual employee to present any course of the personal problems grievance procedure may be submitted by the Union to any official Arbitration as hereinafter provided. Should the parties mutually agree, mediation may be pursued.
17.05 The Arbitration Board shall have the power to receive and accept evidence and information on oath, affidavit or otherwise as in its discretion it considers proper. Either party may make a request for mediation.
17.06 The Board of the Board. If any grievance or policy difference, including any question as to whether the matter is arbitrable or not, Arbitration in reaching its decision shall not have been satisfactorily settled pursuant to be governed by the provisions of this ArticleAgreement and shall not have the authority to change, alter, modify, amend or delete any of its provisions. A decision of a majority of the grievance or policy difference may then Board shall be referred by either party taken to this Agreement to arbitration by written notice given to the other party within fifteen (15) days from the date when be the decision of the Deputy Director at Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairperson. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. If the parties fail to agree upon a chairperson within five days, party may request the Office of Arbitration of the Ministry of Labour to choose the chairperson. The decision of the majority of the arbitrators shall be final and binding upon on all parties concerned concerned.
17.07 Each party shall pay the fees and any employee affected by it, but if there is no majority decision, that expenses of the chairperson will be the decision its nominee to a Board of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. In any arbitration the written representation of the employee made at Stage Three and any decision of the Deputy Director at Stage Four or, the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set outArbitration. Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. Witness fees and allowances shall be paid by the party calling the witness. Each shall pay one-half (50%) of the fees and expenses and fees payable to the chairperson and the whole of the expenses fees Chairperson of their own appointeesthe Board of Arbitration.
17.08 Nothing herein shall prohibit the parties from agreeing to a single Arbitrator. If any party disagrees with so, then the other as Articles pertaining to the meaning or application of the decision, it may an Arbitration Board shall apply to the chairperson sole Arbitrator.
17.09 If the Arbitrator or Board of Arbitration finds that an employee has been discharged or otherwise disciplined by the board Employer, the Arbitrator or Board of arbitrators within ten days from Arbitration may substitute such other penalty as seems just and reasonable in the issue circumstances.
17.10 When the Board of the Arbitration has been formed in accordance with this Article, it shall meet and hear evidence of both sides as soon as is practicable and render a decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of as soon as possible after it has completed its decisionhearing. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and limit may be extended by mutual consent agreement between the parties provided that the request for extension is made prior to the expiry of the partiestime limit.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. Should any difference (hereinafter called a "grievance") arise between the Board and any employee as to the interpretation, application, administration or alleged violation of this Agreement, an xxxxxxx effort to settle such grievance without undue delay shall be made in the following manner. If The time limits specified in this Article be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent parties. Stage One An aggrieved employee shall first meet with their principal to discuss the grievance. The meeting shall take place within two ten working days from the time when the issue arose. The aggrieved employee may request to have a xxxxxxx present. Stage Two The Grievance Officer shall first communicate with the Principal to discuss the grievance. This communication shall take place within ten working days from the date that Stage One took place. Stage Three If within five (5) days from the of such representations were presented meeting with the principal, a satisfactory decision satisfactory to the employee in writing is not given, then such the employee accompanied by a xxxxxxx grievance officer or designate, may within three (3) ten days after such decision has been given or should have been given, present representations orally, make representation in writing to the manager to whom the employee is responsible or other designated by the Board from time to time Three If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee by a xxxxxxx may within four days after such decision has been given or should have been given, make representations in writing, to the coordinator to whom the employee and the manager are responsible, or other representative designated by the Board from time to timeSenior Coordinator of Employee Relations. Such representations shall state the nature of the grievance, the remedy sought and any provisions of the Agreement Collective Agreement, Legislation or Act, upon which the grievance is based. Such official or other designate shall notify the employee Union of the time and place at which they will meet to discuss and consider the written representations and the decision given at Stage Tworepresentations. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of receipt of the matterwritten grievance. Such official shall give the decision in writing on behalf of the Board. At the request of either party, a national representative of the Union may be present. Four If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may Board within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage Three. Such meeting shall be held within ten days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten days after such meeting. At the request of either party, a national representative of the Union may be present. Any difference (hereinafter called a icy "policy difference") arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, may be submitted in writing by either party hereto with opportunity for discussion between the officers of the Local Union and representatives of the Board. A meeting for the of such discussion be held within fifteen (15) days the date when the policy difference was submitted. At the request of either party a national representative of the shall be present at such meeting. If the parties are unable to settle such policy difference within ten (10) days from such discussion then the party to whom the said notice was delivered shall reply to such policy difference in writing within fifteen ten (10) days from such discussion. Nothing in this Agreement shall be deemed to take away the right of an individual employee to present any of the personal problems to any official of the Board. Arbitration
a) If any grievance or policy difference, including any question as to whether the matter is arbitrable or not, shall not have been satisfactorily settled pursuant to the provisions of this Article, the grievance or policy difference may then be referred by either party to this Agreement to arbitration by written notice given to the other party within fifteen ten (1510) days from the date when of the decision of the Deputy Director at Board's Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been deliveredThree response. The Board and the Union shall each appoint one arbitrator nominee within seven (7) days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who an arbitrator shall be the chairperson. No chairperson person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. Notwithstanding the above provision, the parties may mutually agree to appoint a single arbitrator to resolve any such grievance within the provisions of this Article. Nothing in this Agreement shall be deemed to take away the right of an individual employee to present any of the employee's personal problems (other than one which could be presented as a grievance hereunder) to any official of the Board. If the parties fail to agree upon a chairperson within five ten (10) days, either party may request the Office of Arbitration of the Ministry of Labour to choose the chairpersonarbitrator. The decision of the majority of the arbitrators shall be final and binding upon all parties concerned and any employee affected by it, but if there is no majority decision, that of the chairperson will be the decision of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. In any arbitration the written representation of the employee made at Stage Three and any decision of the Deputy Director at Stage Four Board or, in the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set out. Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- cross-examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. Witness fees and allowances shall be paid by the party calling the witness. Each party shall pay one-half of the fees and out-of-pocket expenses and fees payable to of the chairperson and the whole those of the expenses fees of their its own appointeesappointee. If any party disagrees with the other as to the meaning or application of the decision, it may apply to the chairperson of the board of arbitrators within ten days from the issue of the decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the parties.ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. Should 16.01 A grievance is any difference (hereinafter called a arise between the Board and complaint or any employee as dispute relating to the interpretation, application, administration terms and conditions of employment submitted by the Union within thirty (30) days of the incident or alleged violation of this Agreement, an xxxxxxx effort infraction. The Employer and the Union agree that it is most desirable to settle such grievance without undue delay shall be in the following manner. If within two days from the time such representations were presented a decision satisfactory to the employee is not given, then such employee accompanied by a xxxxxxx may within three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible or other designated by the Board from time to time Three If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee by a xxxxxxx may within four days after such decision has been given or should have been given, make representations in writing, to the coordinator to whom resolve complaints and disputes through discussions between the employee and the manager. Both the Employer and Union agree that employees shall discuss their complaints with their managers so as to resolve differences quickly and directly without having to refer to the following formal process. In the event the employee has been terminated and has been issued a ban in accordance with Policy #296, the hearing will be held at a mutually agreed location until the ban has expired.
Step 1: The grievance shall be taken up with the Unit manager are responsible, or other designate. The Unit manager or designate shall render a written decision to the Union within seven (7) days. Union policy grievances and grievances that involve a dismissal or a suspension in excess of seven (7) days may begin at Step 2.
Step 2: Grievances not resolved in Step 1 may be submitted to the Director or designate who will render a written decision within seven (7) days. Step 3: A representative as designated by the Board from time to time. Such representations Saskatchewan Joint Board, Retail, Wholesale and Department Store Union, shall state consult with the nature Senior Vice President of Operations or designate of the grievance, Saskatchewan Gaming Corporation to attempt to achieve settlement. Step 4: Written notice may be given by the remedy sought and any provisions of the Agreement upon which Union that the grievance is basedproceeding to Arbitration. Such official or other designate Within seven (7) days the parties shall notify appoint their members for the employee Board of Arbitration. Within a further seven (7) days the nominees shall appoint a Chairperson of the time and place at which they will meet to discuss consider Board of Arbitration. In the written representations and the decision given at Stage Two. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of the matter. Such official shall give the decision in writing on behalf of the Board. At the request of either party, a national representative of the Union may be present. Four If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage Three. Such meeting shall be held within ten days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing within ten days after such meeting. At the request of either party, a national representative of the Union may be present. Any difference (hereinafter called a icy arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, may be submitted in writing by either party hereto with opportunity for discussion between the officers of the Local Union and representatives of the Board. If event that the parties are unable to settle such policy difference within ten days from such discussion then agree on a Chair, the party to whom Minister of Labour of the said notice was delivered shall reply to such policy difference in writing within fifteen days from such discussion. Nothing in this Agreement Province of Saskatchewan shall be deemed requested to take away make an appointment.
16.02 Employees may have the right benefit of an individual employee to present representation by Union officials at any step of the personal problems grievance procedure.
16.03 The parties may agree to any official the appointment of a mediator to assist in resolving the grievance.
16.04 Any grievance not resolved or withdrawn during the course of the Board. If any grievance procedure may be submitted by the Union to Arbitration as hereinafter provided.
16.05 The Arbitration Board shall have the power to receive and accept evidence and information on oath, affidavit or policy difference, including any question otherwise as to whether the matter is arbitrable or not, in its discretion it considers proper.
16.06 The Board of Arbitration in reaching its decision shall not have been satisfactorily settled pursuant to be governed by the provisions of this ArticleAgreement and shall not have the authority to change, alter, modify, amend or delete any of its provisions. A decision of a majority of the grievance or policy difference may then Board shall be referred by either party taken to this Agreement to arbitration by written notice given to the other party within fifteen (15) days from the date when be the decision of the Deputy Director at Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairperson. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. If the parties fail to agree upon a chairperson within five days, party may request the Office of Arbitration of the Ministry of Labour to choose the chairperson. The decision of the majority of the arbitrators shall be final and binding upon on all parties concerned concerned.
16.07 Each party shall pay the fees and any employee affected by it, but if there is no majority decision, that expenses of the chairperson will be the decision its nominee to a Board of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. In any arbitration the written representation of the employee made at Stage Three and any decision of the Deputy Director at Stage Four or, the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set outArbitration. Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. Witness fees and allowances shall be paid by the party calling the witness. Each shall pay one-half (50%) of the fees and expenses and fees payable to the chairperson and the whole of the expenses fees Chairperson of their own appointeesthe Board of Arbitration.
16.08 Nothing herein shall prohibit the parties from agreeing to a single Arbitrator. If any party disagrees with so, then the other as Articles pertaining to the meaning or application of the decision, it may an Arbitration Board shall apply to the chairperson sole Arbitrator.
16.09 If the Arbitrator or Board of Arbitration finds that an employee has been discharged or otherwise disciplined by the board Employer, the Arbitrator or Board of arbitrators within ten days from Arbitration may substitute such other penalty as seems just and reasonable in the issue circumstances.
16.10 When the Board of the Arbitration has been formed in accordance with this Article, it shall meet and hear evidence of both sides as soon as is practicable and render a decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the partiesas soon as possible.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE AND ARBITRATION BOARD. 6.01 Should any difference (hereinafter called a "grievance") arise between the Board and any employee as to the interpretation, application, administration or alleged violation of this Agreement, an xxxxxxx effort to settle Settle such grievance without undue delay shall be made in the following manner.
6.02 Stage One- An aggrieved employee shall first submit any representations to the supervisor either directly employee's immediate or through the employee's xxxxxxx. Any such grievance shall be presented within ten (10) days of the time when it arose.
6.03 Stage Two - If within two (2) days from the time such representations were presented a decision satisfactory to the employee is not given, then such employee accompanied by a xxxxxxx may within then such employee three (3) days after such decision has been given or should have been given, present representations orally, to the manager to whom the employee is responsible or other other
6.04 representative designated by the Board from time to time Three time. If within four (4) days from the time such representations were presented a decision satisfactory to such employee is not given, then such employee accompanied by a xxxxxxx may within four (4) days after such decision has been given or should have been given, given make representations in writing, to the coordinator to whom the employee and the manager are responsible, or other representative designated by the Board from time to time. Such representations shall state the nature of the grievance, the remedy sought and any provisions of the Agreement upon which the grievance is based. Such official or other designate shall notify the employee of the time and place at which they will meet to discuss and consider the written representations and the decision given at Stage Two. Every effort will be made to settle such grievance within five (5) days from the date upon which such official received written notice of the matter. Such official shall give the decision in writing on behalf of the Board. At the request of either party, a national representative of the Union may be present. .
6.05 Stage Four - If within five (5) days from the day representations at Stage Three were presented a decision satisfactory to such employee is not given, then such employee may within ten (10) days after such decision has been given or should have been given present the representations made at Stage Three to the Deputy Director of Education, Human Resources. The said Deputy Director shall notify the Local Union and the employee of the time and place at which the parties will meet to discuss and consider such representations and the decision at Stage Three. Such meeting shall be held within ten (10) days from the date on which the representations were presented to the said Deputy Director. The decision of the said Deputy Director will be given to the Local Union in writing writing-within ten days after such meeting. At the request of either party, a national representative of the Union may be present. Any difference (hereinafter called a icy arising directly between the Board and the Local Union as to the interpretation, application, administration or alleged violation of the Agreement, other than a difference directly affecting individual employees, may be submitted in writing by either party hereto with opportunity for discussion between the officers of the Local Union and representatives of the Board. If the parties are unable to settle such policy difference within ten days from such discussion then the party to whom the said notice was delivered shall reply to such policy difference in writing within fifteen days from such discussion. Nothing in this Agreement shall be deemed to take away the right of an individual employee to present any of the personal problems to any official of the Board. If any grievance or policy difference, including any question as to whether the matter is arbitrable or not, shall not have been satisfactorily settled pursuant to the provisions of this Article, the grievance or policy difference may then be referred by either party to this Agreement to arbitration by written notice given to the other party within fifteen (15) days from the date when the decision of the Deputy Director at Stage Four was or should have been given or, in the case of a policy difference, within fifteen (15) days from the date when the written reply to the submission was or should have been delivered. The Board and the Union shall each appoint one arbitrator within seven days from the receipt of the notice and the two arbitrators so appointed shall appoint a third who shall be the chairperson. No person may be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. If the parties fail to agree upon a chairperson within five days, party may request the Office of Arbitration of the Ministry of Labour to choose the chairperson. The decision of the majority of the arbitrators shall be final and binding upon all parties concerned and any employee affected by it, but if there is no majority decision, that of the chairperson will be the decision of the board of arbitrators. In no event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. In any arbitration the written representation of the employee made at Stage Three and any decision of the Deputy Director at Stage Four or, the case of a policy difference, the written submission and any reply thereto shall be presented to the arbitrators and the award of the arbitrators shall be confined to determining the issue therein set out. Each party to an arbitration shall be entitled through counsel or otherwise to present evidence, to cross- examine any witnesses of the other party and to present oral arguments. Briefs of arguments may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. Witness fees and allowances shall be paid by the party calling the witness. Each shall pay one-half of the expenses and fees payable to the chairperson and the whole of the expenses fees of their own appointees. If any party disagrees with the other as to the meaning or application of the decision, it may apply to the chairperson of the board of arbitrators within ten days from the issue of the decision with a request that the chairperson reconvene the board to clarify the decision,, and for such purpose the board may be reconvened and issue a clarification of its decision. The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual consent of the parties.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
