Common use of GRIEVANCE PROCEDURE AND ARBITRATION Clause in Contracts

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.

Appears in 7 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 17.01 Any employee dispute, difference, controversy or the Union has the right to lodge a grievance with respect to any matter affecting or arising out of the interpretation, application or alleged violation administration of this AgreementAgreement shall be adjusted, if possible, by negotiations between specially appointed representatives of the employer and the Union. 8.02 At 17.02 A time limit of sixty (60) calendar days from the time formal discipline is imposed or at any stage actual knowledge of the grievance procedureby the Business Representative shall apply to the filing of a grievance with respect to wage claims, including the complaint stagecontributions for welfare, a nurse is entitled to be represented by her/his pension, vacation and statutory holiday pay, deductions for union representative. In dues check-off or union dues supplement, contributions or deductions, whichever the case of suspension may be, for Union and Employer administration funds, and for apprenticeship training plans 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 Unitfunds. 8.03 It is the intent of the parties that complaints of employees 17.03 No grievance, except those grievances referred to in 17.02, shall be adjusted as quickly as possible, and it is understood that entertained by either party unless filed by the Union has no grievance concerning an individual nurse until the Director aggrieved party within ninety (90) calendar days 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 its occurrence. 17.04 Any dispute which has not been resolved between the Employer and the Union relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, 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 the subject of a grievance within nine (9) working days in the following manner and sequence: The Union may present the which shall be resolved without stoppage of work as follows: 17.05 If a written grievance to the Administrator, or her/his designate, who shall render her/his decision is not resolved within five (5) working days after of receipt, the presentation of aggrieved party may refer the grievance to her/him. The parties mayany of Mr. Xxxxx Xxxxx, if they so desireXxxxxx Xxxxx, meet to discuss the grievance at a time Xxxxx Xxxxx or Xxxxxx Xxxxxx for final and place suitable to both partiesbinding determination. If no named arbitrator is able to hear the decision is unsatisfactory, then the grievance may be presented in the following manner: Within ten matter within fourteen (1014) working days after the decision is given at Step No. 1days, the aggrieved employeeparties will jointly apply to the appropriate governmental authority for the appointment of an arbitrator. 17.06 The Arbitrator or Arbitration Board shall hear and determine the difference or differences between the parties and shall issue a decision in writing, and/or which decision shall be final and binding upon 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 parties and upon any employee and/or the Grievance Committee may be accompanied by a representative of the Unionaffected. The decision of the committee majority of the Board shall be the decision of Directors will the Board, and if there is no majority, the decision of the Chair shall govern. However, it is understood that there shall be rendered no alternations or amendment to any part of this Agreement. The fees and expenses of the Chair shall be borne one-half by the Union and one-half by the employer; any other costs or expenses in writing connection with such arbitration shall be borne by the party which incurs them. 17.07 No grievance shall be invalidated by reason of any defect of form or by any technical irregularity. 17.08 All time limits mentioned in the grievance and arbitration procedure may be extended by written mutual agreement between the parties and no grievance shall be invalidated by reason of the time limits mentioned or by reason of any defect of forms or by any technical irregularity. 17.09 All grievance settlements made by the Union pertaining to work covered by this collective agreement shall reflect the terms and conditions set out in this collective agreement. 17.10 Further, notwithstanding the time limits in this Agreement or in any statute, all damages with respect to a breach of this Agreement by the Employer shall be retroactive to the Labour Relations Officer and date of the bargaining unit representative within ten (10) working days following such a meetinginitial breach, regardless of when the grievance was actually filed or referred to arbitration.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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 5.01 It is the intent mutual desire of the parties hereto that complaints grievances of employees shall be adjusted as quickly as possible, possible and it is understood that if an employee has a grievance, the Union has no employee shall discuss it with his or her supervisor with twenty-one (21) days of the occurrence or origination of the circumstances giving rise to the grievance concerning an individual nurse until the Director of Care in order to give his or her/his designate has been given her supervisor an opportunity of adjusting the complaintgrievance. Such complaint The discussion shall be discussed between the employee and the supervisor but each party may elect to have another person in attendance. The supervisor’s response to the grievance shall be within seven (7) days after the discussion with the Director employee. For the purpose of Care this Article, supervisor shall mean the employee’s Bureau Chief or Department Head or a person designated by the Bureau Chief or Department Head. 5.02 Failing settlement, the grievance may be taken up in the following manner and sequence provided it is presented within fifteen (15) working days after of the circumstances giving rise supervisor’s reply 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 the grievance; the employee or the Guild 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 in writing signed by the employee to the Administrator, or her/his designate, who shall render her/his decision within five (5) working days after Bureau Chief setting forth the presentation nature of the grievance grievance, the article number of the Agreement alleged to her/himhave been violated, the surrounding circumstances and the remedy sought. The parties may, if they so desire, meet to discuss Bureau Chief or designate shall arrange a meeting with 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 Guild within ten (10) working days of the receipt of the grievance at which the grievor may attend, if requested by either party, in the company of the Guild representative and discuss the grievance. The Bureau Chief or designate may have such assistance at the meeting as the Bureau Chief considers necessary. The Bureau Chief or designate will give the Guild a decision in writing within ten (10) days following such the meeting with a meetingcopy to the grievor. 5.03 Any matter so referred to arbitration, including any question as to whether a matter is arbitrable, shall be heard by a board of three (3) arbitrators composed of an arbitrator appointed by each of the Employer and the Guild and a third arbitrator who shall be Chairperson. The notice of the party referring the decision to arbitration shall contain the name of its appointee to the Arbitration Board. The recipient of notice shall within fifteen (15) days advise the other party of the name of its appointee. The parties shall agree upon one of the following eight persons as Chairperson within fifteen (15) days of the date referral to arbitration is received: 1. Xxxx Xxxxxxx 2. Xxx Xxxxxx 3. Xxxxx Xxxxxxxx 4. Xxxxx Xxxxx 5. Xxxx Xxxxx 6. Xxxxxx Xxxxxx

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee A. It is agreed that any difference, controversy or dispute between the Union has ASSOCIATION or EMPLOYER or UNION over the right interpretation or applications of this Agreement shall be considered a grievance. B. It is agreed by the UNION and the EMPLOYER that as long as arbitration procedure is followed there will be no lockouts, strikes, slowdowns, or stoppage of work. C. If the grievance cannot be resolved between the job xxxxxxx and the appropriate EMPLOYER representative, it shall be referred by either party to lodge a grievance with respect to any matter arising out the Business Representative of the interpretation, application or alleged violation of this AgreementUNION and the EMPLOYER. 8.02 At the time formal discipline is imposed or at any stage of D. If the grievance procedurecannot be satisfactorily resolved at Step C, including the complaint stagematter shall be submitted to a Grievance Committee which shall be comprised of 4 persons, a nurse is entitled to be represented 2 appointed by her/his union representativethe UNION and 2 appointed by the ASSOCIATION. The Grievance Committee shall decide grievances by majority vote. In the case event of suspension a deadlock vote, then either the UNION 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 ASSOCIATION 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 refer the grievance to arbitration by written notice to the Administrator, or her/his designate, who shall render her/his decision other party 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 calendar days after from the decision is given at Step No. 1deadlock vote. E. After the grievance has been referred to arbitration as provided above, the aggrieved employeeASSOCIATION and the UNION shall request the Federal Mediation and Conciliation Service to furnish a suggested list of names of five arbitrators from which the ASSOCIATION and the UNION shall select one arbitrator. Such selection shall be by agreement, and/or the Grievance Committee shall meet with a committee appointed if possible. Otherwise by the Board of Directors of parties alternately eliminating names from said list, the Manor remaining one shall be accepted as the arbitrator to consider hear and decide the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Unionpending case. The decision of the committee arbitrator shall be final and binding upon all parties to the dispute. Expenses of arbitration, including the arbitrator’s fees and expenses, shall be borne equally by the parties. F. The arbitrator shall have no power to change or detract from or add to the provisions of the Board Agreement. G. Jurisdictional disputes between labor organizations shall be excluded from the above arbitration procedure. H. No award in arbitration shall be retroactive for a period exceeding thirty (30) days from the date of Directors will the filing of the written complaint as provided in this Article. Any wages earned elsewhere during this period shall be rendered deducted from any retroactive pay which might be awarded. I. Resolution of grievances by vote of the Grievance Committee or by arbitration shall be final and binding on all parties involved: UNION, EMPLOYEES, ASSOCIATION and EMPLOYER. J. The individual EMPLOYER and UNION involved in writing the dispute agree that each shall pay one-half of the expense of the arbitration, which shall mean fees of the arbitrator, transcript fees and room fees. K. In the event the EMPLOYER does not immediately comply with the arbitrator’s decision the UNION shall be free to strike to enforce the Labour Relations Officer and award. In the bargaining unit representative within ten (10) working days following such a meetingevent the UNION does not immediately comply with the arbitrator’s decision the EMPLOYER shall be free to lock-out the employees.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee 4.1 The grievance procedure shall apply to matters covered by this Agreement or any other Agreement that may be mutually agreed upon by the Company and Union has from time to time. 4.2 During the probationary period the Company will have the sole right to lodge retain or release a Dependent Contractor from Company service for validated service or work-related issues which will be conveyed in writing to the Dependent Contractor and the Union. With this exception, the Dependent Contractor has access to the grievance with respect procedure, related to the terms and conditions of the Agreement. 4.3 Should any matter arising out of difference arise between the Company and any Dependent Contractors concerning the interpretation, application application, operation or alleged violation of this Agreement, the parties to the Agreement shall settle the matter as hereinafter provided: Step 1 The Dependent Contractors involved, with the Shop Xxxxxxx or designate, within seven (7) days of the knowledge of the incident giving rise to the complaint, shall take the matter up in writing with the immediate Supervisor and endeavour to settle the difference. The immediate Supervisor shall respond in writing within seven (7) calendar days of the grievance. 8.02 At Step 2 If the time formal discipline question is imposed or at any stage not satisfactorily settled within ten (10) days following completion of Step 1, the Union will take the question up with Management and same will be reduced to writing. Management will give a written decision within fourteen (14) days. Step 3 In the event of disagreement after compliance with the aforementioned clauses, the grievance procedure, including shall be reduced to writing and referred to a one- person Arbitrator; the complaint stage, a nurse is entitled Department of Labour will be asked 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 advancename one. The Employer also agrees, as a good labour relations practice, it Arbitrator will also notify the Bargaining Unit. 8.03 It is the intent of the meet jointly with both parties that complaints of employees shall be adjusted as quickly as possible, possible to hear the dispute; each party may make both written 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 complaintoral presentation. 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 Arbitrator will be final and place suitable to binding on both parties. If the decision is unsatisfactory, then Union fails to notify the grievance may be presented in the following manner: Within ten Company within thirty (1030) working days after the decision is given at of completion of 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 2 above of the Union’s intention to proceed to Arbitration, the grievance is considered dropped. 4.4 Each party will bear their own costs of arbitration and equally share costs of the Arbitrator. 4.5 Whenever possible, all grievances will be dealt with during regular working hours without loss of earnings. 4.6 No Dependent Contractor (except a Dependent Contractor during their three (3) month probationary period) shall be dismissed without first having a fair and impartial hearing by the supervising officer. The decision Union and the Dependent Contractor shall both receive forty-eight (48) hours notice of the committee hearing and the reason therefore. In emergency cases in which Company officials believe that the safety of the Board public is endangered, the Dependent Contractor may be held out of Directors service prior to the hearing. The Union shall be provided with a copy of the Dependent Contractor’s personnel file at the time notice of the hearing is given. If, at completion of the hearing, it is still the Company’s intention to terminate the employee, the Union may bypass Step 1 and file a grievance at Step 2. 4.7 Except to the extent reasonably necessary for the good conduct of business, no Dependent Contractor is to be reprimanded in the presence of other Company employees or Dependent Contractors. 4.8 All discipline older than twenty-four (24) months will be rendered removed from the Dependent Contractor’s file and will not be considered in writing the determination of any other discipline being assessed. 4.9 A reprimand must be issued within seven (7) days of the time that the incident giving rise to reprimand comes to the Labour Relations Officer attention of the Company or shall be deemed null and void. No Dependent Contractors shall be disciplined or required to attend any potential disciplinary meetings without a Shop Xxxxxxx or Union Representative in attendance. If none is available in the seven (7) day time period, the Dependent Contractor must then choose a witness from the bargaining unit representative within ten (10) working days following who shall attend the meeting along with the Dependent Contractor. A Dependent Contractor shall not be required to sign a reprimand. If the Dependent Contractor decides to sign such a meetingreprimand it shall not be interpreted as agreement on the discipline assessed or imposed. The Union shall be copied on all reprimands issued.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 17.1 The parties agree that they will use their best efforts to encourage the Union has informal and prompt settlement of grievances which may arise under the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation terms and conditions of this Agreement. 8.02 At 17.2 A grievance is defined as a dispute between the time formal discipline is imposed parties concerning the interpretation, application, performance or at terms of this Agreement, or an alleged breach or violation thereof. 17.3 Nothing in this grievance procedure shall limit the existing right of an individual member of the bargaining unit to present concerns and communicate with any stage person in the Administration. 17.4 The following steps will be followed for the processing of grievances which are not resolved under Section 17.1 above: 17.4.1 Step One 17.4.1.1 The grievance shall be submitted in writing and dated by a Federation officer to the appropriate Xxxx stating the nature of the grievance procedure, including the complaint stagedate the alleged violation occurred, a nurse is entitled to be represented by her/his union representative. In the case of suspension or dischargerelevant facts, the Employer shall notify provisions of the nurse of this right in advanceAgreement alleged to have been violated, and the adjustment sought. The Employer also agrees, as a good labour relations practice, it will also notify grievance must be presented in writing within thirty (30) business days following the Bargaining Unittime at which the aggrieved Faculty member could have been reasonably aware of the occurrence of the alleged violation. 8.03 It is the intent of the parties that complaints of employees shall be adjusted as quickly as possible17.4.1.2 The Xxxx, 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 business 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 receipt of the grievance to her/him. The parties maygrievance, if they so desireshall convene a meeting among the aggrieved Faculty member, meet to discuss a Federation representative selected by 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. 1aggrieved Faculty member, the aggrieved employeeXxxx himself/herself, 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. and at his/her discretion, another University representative. 17.4.1.3 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 Xxxx shall, within ten (10) working business days following such the Step One grievance hearing, respond in writing to the grievance. Such response shall be directed to the Federation representative with a meetingcopy sent to the aggrieved Faculty member. 17.4.1.4 If the Xxxx does not respond in a timely manner and does not receive an extension, this will be deemed denial of the grievance.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any A. A grievance is defined to be a complaint by any teacher or other certified employee within the unit for which the Association is certified by the Michigan Employment Relations Commission as exclusive bargaining representative based on an event or the Union has the right condition which is claimed or considered to lodge be a grievance with respect to any matter arising out of the interpretationviolation, application misinterpretation, or alleged violation misapplication of this Agreement. The grievance procedure shall not be applicable to a complaint where the teacher has a remedy by way of appeal to the Michigan State Tenure Commission, where the Board is without authority to take the action sought, or where the complaint is not covered by this Agreement. Also, the grievance procedure shall not be applicable when a problem arises from the specific provisions of any insurance carrier's policies, as contracted for by the Board according to Article XVIII. 8.02 At B. Nothing contained herein will be construed as limiting the time formal discipline right of a teacher having a grievance to discuss the matter informally with the Board and having the grievance adjusted without intervention of the Association, provided the adjustment is imposed or not inconsistent with the terms of this Agreement and that the Association has been given opportunity to be present at any stage such adjustment. C. The use of the term "days" in each level and in the table below shall mean school days, except where otherwise indicated. GRIEVANCE PROCEDURE AND ARBITRATION TIME LIMITS TABLE Grievance Level Presentation Meeting Disposition I Administration 10 days after occurrence 5 days 5 days II Superintendent 5 days 5 days 5 days III Arbitration 10 days Joint selection of arbitrator – 5 days Demand for arbitration – 5 days 30 calendar days The number of school days indicated at each level of the grievance procedure, including procedure should be considered a maximum. The Association agrees that it is in its interest to effectively contribute to the complaint stage, a nurse is entitled prompt resolution of problems that may or are to be represented by her/his union representative. In the case subject of suspension or discharge, the Employer shall notify the nurse of this right in advancegrievances. The Employer Association also agrees, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent of the parties agrees that complaints of employees all grievances shall be adjusted filed at Level I as quickly soon as possible, and it is understood that possible but not later than within 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 school days after that immediately follow the decision event or condition that is given at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board subject or basis of Directors of the Manor to consider the grievance. At this stage The teacher shall notify the employee proper Board representatives and/or his/her Association Representative as soon as either knows of the Grievance Committee subject or basis of a potential grievance. If appropriate action is not taken within the time limit specified, the grievance will be deemed settled on the basis of the disposition at the preceding level. The time limits specified may, however, be extended in writing by mutual agreement. In the event a grievance is filed on or after June 1st which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be accompanied by a representative exhausted prior to the end of the Unionschool year or as soon thereafter as is practicable. The decision parties recommend that teachers seek to resolve grievances informally prior to the implementation 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 meetingformal grievance procedure set forth below.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 8.1 The Employer acknowledges the right of the Union has the right to lodge appoint a grievance with respect Grievance Committee of up to any matter arising out three (3) members, who shall be members of the interpretationUnion, application or alleged violation of this Agreement. 8.02 At the time formal discipline is imposed or at any stage along with a representative of the grievance procedureOntario Nurses' Association, including the complaint stageif required, to present 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 advancegrievance. The Employer also agreesshall be notified of the names of the members or substitute members of this committee when the grievance is presented and said committee shall remain unchanged until the grievance is settled. In event of multiple grievances of the same issue or content, as a good labour relations practice, it will also notify the Bargaining UnitGrievance Committee first named shall present all said similar grievances at that time. 8.03 8.2 It is the intent mutual desire of the parties hereto that complaints of employees shall the nurse(s) be adjusted as quickly equitably as possible, possible and it is understood that the Union has no grievance concerning an individual nurse until the Director of Care Manager or her/her or his designate has been given an opportunity of adjusting to adjust the complaint. Such . 8.3 Any complaint within the terms of this Agreement shall be discussed with the Director of Care Manager within fifteen (15) working days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice of alleged grievance and assistance from others. If there is no failing settlement within nine ten (910) working calendar days, it shall then be taken up as a grievance within nine ten (910) working calendar days of the decision of the Manager in the following manner and sequence: The Union may present the grievance in writing to the Administrator, CAO or her/her or his designate, designate who shall render her/his a decision within five (5) working days after following the presentation of day on which the grievance to her/himwas submitted. The parties mayFailing settlement, 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 mannerthen: Within ten (10) working days after the decision is given at Step No. 1, the Union may present the grievance to the Medical Officer of Health, or her or his designate. The aggrieved employeenurse, and/or the Grievance Committee shall meet with a committee appointed by the Board The Medical Officer of Directors of the Manor Health to consider the grievance. At this stage the employee nurse and/or the Grievance Committee may be accompanied by a representative of the Union. The decision of the committee Medical Officer of the Board of Directors Health will be rendered in writing to the Labour Relations Officer and the bargaining unit representative within ten fifteen (1015) working days following such a meeting. If the grievance is not settled at Step #2, the Union may refer the grievance to arbitration. 8.4 Any and all of the time allowances provided for in Clause 8.3 may be extended by mutual agreement between the parties, upon presentation of evidence that such an extension is necessary and does not prejudice either side.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee 66. Where a disagreement exists between the Employer and a local union or the Union has concerning whether or not a given provision of the local agreement should apply, or regarding the intent, meaning, application or compliance with the terms of this Agreement, it shall be resolved in accordance with the grievance procedure covered in this Article. Such disagreement shall be submitted in writing (see sample Grievance Form in Appendix) for resolution within ten (10) days from the date of the occurrence or from the date it reasonably could have been discovered by the parties involved in accordance with the grievance procedure covered in this Article. There shall be no work stoppage during arbitration or grievance procedures. 67. There shall be established an Arbitration Board consisting of three (3) representatives appointed by the Union and three (3) representatives appointed by the MSCA. Either party shall have the right to lodge a grievance with respect to any matter arising out of appoint alternates for its representatives. Within thirty (30) days after the interpretation, application or alleged violation signing and execution of this Agreement, the MSCA and the Union shall notify each other of their respective appointments to the Arbitration Board. The Board shall elect a chairman and a secretary from its members. Two representatives of the Arbitration Board shall constitute a quorum provided there is at least one representative appointed by the Union and one representative appointed by the MSCA present at such meeting. No action shall take place unless a quorum is present. At all meetings the Union representatives and the MSCA representatives shall have equal voting strength. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, 68. When a nurse is entitled to be represented by her/his union representative. In the case of suspension or dischargedispute arises, the Employer resolution and/or settlement shall notify proceed as follows: Step 1: On a local basis between the nurse of this right in advance. The Employer also agrees, as a good labour relations practice, it will also notify local union and 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 otherslocal contractor involved. If there this dispute 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 not settled within five (5) working days after the presentation days, proceed to: Step 2: The grievance shall be settled between Union representatives of the national office and the Employer or their designated local association representative. If not settled within thirty (30) working days, proceed to: Step 3: The grievance shall be settled between the Union Director of HVACR Service or his designee and representatives of the MSCA. If not settled within thirty (30) working days, proceed to: Step 4: The grievance shall be reduced to her/himwriting in terms of the issue(s) to be arbitrated and shall be filed with the chairman of the Arbitration Board. The parties maychairman shall notify the other members of the Arbitration Board, if they so desirewithin five (5) days, meet to discuss the grievance at of a time and place suitable for a hearing to both be held within thirty (30) days after the filing of request for arbitration. If the Arbitration Board is unable to reach a majority decision within seven (7) days after the hearing, proceed to Step 5. Step 4b: (This step of the grievance procedure applicable ONLY to any grievance involving a lockout or any strike, picketing, slowdown, stoppage or other curtailment or interference with the Employer's operations, or interference with the flow of materials or persons in or out of places where the Employer is doing business.) The grievance shall be reduced to writing in terms of the issue(s) to be arbitrated and shall be filed with the chairman of the Arbitration Board. The chairman shall notify, within twenty-four (24) hours, the other members of the Arbitration Board of a time and place for a hearing to be held within three (3) business days. By agreement of the parties, the hearing may be conducted by telephone conference call. If the Board is unable to reach a majority decision within twenty-four (24) hours after the hearing, proceed to Step 5. Step 5: The matter shall be promptly submitted to an impartial arbitrator whose decision shall be rendered in writing and be binding on all parties. If agreed to by both parties, the decision use of the Industrial Relations Council shall be allowed as an alternative to the use of the impartial arbitrator under this step. If required, one-half of the expense of the Arbitration Board and the impartial arbitrator shall be borne by the Union and the other half shall be borne by the MSCA and/or the Employer as determined by the MSCA. 69. In the event that a matter is unsatisfactoryto be submitted to an impartial arbitrator, then the grievance one may be presented in selected by unanimous agreement of the following manner: Within Arbitration Board members. If the Board cannot agree on an arbitrator within a period of ten (10) working days after days, then the decision is given at Step NoArbitration Board shall request the Federal Mediation and Conciliation Service to submit to the Arbitration Board a list of five persons suitable for selection as an impartial arbitrator. 1If the Arbitration Board cannot agree upon one of the persons named on the list, then the aggrieved employeeimpartial arbitrator shall be selected by striking from the list a name alternately, and/or until one name remains. The remaining person shall be the Grievance Committee impartial arbitrator and shall meet with a committee appointed be notified of his selection by the Board of Directors chairman of the Manor to consider the grievanceArbitration Board. At no time shall the selection of an impartial arbitrator exceed sixty (60) days from the date the time limits have expired in Paragraph 68, Step 4 or 4b, if applicable. 70. The authority of the Arbitration Board and of the impartial arbitrator shall be limited to the interpretation and enforcement of the express language of this stage Agreement as applied to the employee and/or specific grievance or issue stated in the Grievance Committee request for arbitration. The Arbitration Board and the impartial arbitrator shall have no authority or jurisdiction, directly or indirectly, to add to, subtract from, change, modify or supplement any of the specific provisions of this Agreement. 71. With the mutual consent of the Union and MSCA, any of the time limits set forth above may be accompanied by a representative extended and any of the Unionsteps may be waived. The decision However, failure to comply with the established time limits may result in a dismissal of the committee grievance with mutual agreement of the Board of Directors will be rendered in writing to the Labour Relations Officer Union and the bargaining unit representative within ten (10) working days following such a meetingMSCA.

Appears in 3 contracts

Samples: National Service & Maintenance Agreement, National Service & Maintenance Agreement, National Service & Maintenance Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee a. A “grievance” within the meaning of this Agreement is a claim arising under or related to this Agreement by the Union has or an individual Employee, or group of Employees, filed during the term of this Agreement, that the right or rights of such Employee, or group of Employees, have been violated contrary to lodge this Agreement. Such grievance must be presented in a verifiable manner such as a dated e-mail, certified mail or grievance that has been signed and dated by recipient, etc. within seven calendar days after the aggrieved party has or should have had knowledge of the alleged violation or it will not be processed under or be subject to this procedure. b. Any Employee or group of Employees shall have the right at any time to present a grievance to the Employer, pursuant to the procedure set forth in Section 3 of this Article, and to have such grievance adjusted without the assistance of the Union, provided the adjustment is not inconsistent with respect the terms of this Agreement. In such case, a Union xxxxxxx shall be notified and given the opportunity to be present at a meeting where such grievance is resolved; provided, however, that the Union xxxxxxx shall not be prevented from speaking at such meeting to object to any matter arising out of settlement which would violate the interpretation, application or alleged violation terms of this Agreement. 8.02 At Section 2. The parties agree that all disputes, complaints and issues must first be addressed between the time Employee and the Employee’s immediate supervisor (or, if related to the Employee’s immediate supervisor, the Employee may address the dispute, complaint or issue to the immediate supervisor’s supervisor). Such discussion is not a formal discipline part of this grievance procedure; rather, it is imposed the kind of communication which is necessary to a constructive and efficient relationship and operation. In an effort to avoid the filing of frivolous grievances, a Union official may utilize this Section 2 to communicate directly with an Employer management representative. If such dispute, complaint or at any stage issue is not satisfactorily resolved in this discussion, the Employee and/or the Union may elect to file a formal grievance. Section 3. Should a grievance arise between the Employer and the Union or the Employer and an Employee or Employees, the following procedure shall be utilized: Step 1. The xxxxxxx shall reduce the grievance to writing (on a form provided by the Union) and present it to the Superintendent or his/her designee. A Step 1 meeting will be held between the Superintendent or his/her designee and the xxxxxxx. Such Step 1 meeting will be scheduled by mutual agreement between the Superintendent and the xxxxxxx, but such meeting must be held within seven calendar days of the date the grievance procedureis presented to the Superintendent. The Superintendent or his/her designee will answer the grievance no later than five calendar days after the grievance has been discussed at the meeting provided for under this step, including unless a written extension of time is mutually agreed upon. Step 2. If the complaint stage, a nurse grievance is entitled to be represented by her/his union representative. In not satisfactorily settled in the case of suspension or dischargeStep I, the Employer grievance shall notify be appealed in writing to the nurse of this right in advanceDirector or his/her designee not later than ten calendar days after the Union receives the Employer’s Step 1 answer. The Employer also agreesshall arrange, as in consultation with the Union, a good labour relations practice, it mutually convenient time to meet and discuss the grievance. This meeting will also notify the Bargaining Unit. 8.03 It is the intent be held within ten calendar days of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood date that the Union has appealed the grievance from Step 1. The Director or his/her designee will answer the grievance 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 later than ten calendar days after the circumstances giving rise to it have occurredmeeting provided for under this step unless a written extension of time is mutually agreed upon. Section 4. This discussion may include consultation, advice and assistance from othersGrievances challenging suspensions or discharges for just cause shall be filed directly at Step 2. Section 5. Arbitration a. 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 Administratoris not satisfactorily settled at Step 2, 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 submitted for arbitration not later than fifteen calendar days after the decision is given at Union receives the Employer’s Step No. 12 answer. b. Upon the making of a proper and timely written request for arbitration, the aggrieved employeeEmployer and the Union shall attempt to agree upon an arbitrator to decide said issue. In the event that the parties have not agreed upon the selection of an arbitrator within fifteen calendar days after the request for arbitration has been made, and/or either party may ask the Grievance Committee shall meet with Federal Mediation and Conciliation Service for a committee appointed by the Board list of Directors seven persons who are members of the Manor to consider National Academy of Arbitrators for selection as an impartial arbitrator. Either party may ask for a second panel. The Union and the grievanceEmployer shall strike a name alternately, beginning with the Union, until one name remains. At this stage The remaining person shall act as such impartial arbitrator, and the employee and/or the Grievance Committee Federal Mediation and Conciliation Service shall be promptly notified of such selection. Only one grievance may be accompanied by a representative presented at the arbitration hearing before any one arbitrator at any one time unless the parties mutually agree otherwise. c. The fees and expenses of the arbitrator so selected, if any, shall be split equally between the Employer and the Union. The total cost of any stenographic record or transcript which may be made, and all copies thereof, shall be paid for equally by both parties. If, however, only one party wants a transcript, that party shall be responsible for the cost of the transcript. In such case, the other party shall not receive a copy of the transcript for any purpose. d. The authority of the arbitrator shall be limited to the construction and application of this Agreement (as defined in Section 1), as applied to the specific grievance referred to him/her for arbitration. The arbitrator shall have no authority or jurisdiction, directly or indirectly, to add to, subtract from, or amend any of the specific provisions of this Agreement or impose liability not explicitly expressed. No management right shall in any manner be taken away from the Employer or limited or modified in any respect, except only to the extent that this Agreement clearly and explicitly expresses a written intent and agreement to divest the Employer of such right. The decision of the committee arbitrator shall be final and binding upon the Union, the Employees covered by this Agreement, and the Employer. e. There shall be a financial obligation on the Employer for any violation only if the grievance arose during the term of this Agreement and is filed and processed in conformity with the Grievance Procedure herein provided. There shall be no liability extending prior to the effective date of this Agreement. f. Time is of the Board essence in the filing and processing of Directors grievances as set forth in this Article. By mutual agreement and for good cause, reasonable extensions of time may be given either party in writing at any step in the grievance procedure. Any grievance that is not filed or not appealed to the next step in writing within the specified time limits or written extension of time limits will be rendered considered settled on the basis of the last decision given. Any grievance that is not answered within the time limits or extension of time limits will be considered as having been denied. g. All grievances must be in writing and shall set forth all relevant information, including: - date of violation; - article and section of the Agreement violated (or practice relied on); - all facts related to the Labour Relations Officer alleged violation; - and remedy sought. h. In discipline cases involving discharge, if the bargaining unit representative within ten (10) working days following such a meetingarbitrator finds that the discharge violated the Agreement, the arbitrator may order reinstatement with or without back pay or with some amount less than full back pay. i. In any arbitration hearing under this Article, each party will be responsible for their representatives and witnesses.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 17.1 The parties agree that they will use their best efforts to encourage the Union has informal and prompt settlement of grievances which may arise under the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation terms and conditions of this Agreement. 8.02 At 17.2 A grievance is defined as a dispute between the time formal discipline is imposed parties concerning the interpretation, application, performance or at terms of this Agreement, or an alleged breach or violation thereof. 17.3 Nothing in this grievance procedure shall limit the existing right of an individual member of the bargaining unit to present concerns and communicate with any stage person in the Administration. 17.4 The following steps will be followed for the processing of grievances which are not resolved under Section 17.1 above: 17.4.1 Step One 17.4.1.1 The grievance shall be submitted in writing by a Federation officer to the Xxxx stating the nature 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 dischargerelevant facts, the Employer shall notify provisions of the nurse of this right in advanceAgreement alleged to have been violated, and the adjustment sought. The Employer also agrees, as a good labour relations practice, it will also notify grievance must be presented in writing within thirty (30) calendar days following the Bargaining Unit. 8.03 It is time at which the intent aggrieved Faculty member could have been reasonably aware of the parties that complaints occurrence of employees shall be adjusted the alleged violation on the approved form as quickly as possibleshown in Appendix D. 17.4.1.2 The Xxxx, 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 calendar 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 receipt of the grievance to her/him. The parties maygrievance, if they so desireshall convene a meeting among the aggrieved Faculty member, meet to discuss a Federation representative selected by 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. 1aggrieved Faculty member, the aggrieved employeeXxxx himself/herself, 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. and his/her discretion, another University representative. 17.4.1.3 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 Xxxx shall, within ten (10) working calendar days following such the Step One grievance hearing, respond in writing to the grievance. Such response shall be directed to the Federation representative with a meetingcopy sent to the aggrieved Faculty member. 17.4.1.4 If the Xxxx does not respond in a timely manner and does not receive an extension, this will be deemed denial of the grievance.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 8.1 The Employer acknowledges the right of the Union has the right to lodge appoint a grievance with respect Grievance Committee of up to any matter arising out three (3) members, who shall be members of the interpretationUnion, application or alleged violation of this Agreement. 8.02 At the time formal discipline is imposed or at any stage along with a representative of the grievance procedureOntario Nurses' Association, including the complaint stageif required, to present 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 advancegrievance. The Employer also agreesshall be notified of the names of the members or substitute members of this committee when the grievance is presented and said committee shall remain unchanged until the grievance is settled. In event of multiple grievances of the same issue or content, as a good labour relations practice, it will also notify the Bargaining UnitGrievance Committee first named shall present all said similar grievances at that time. 8.03 8.2 It is the intent mutual desire of the parties hereto that complaints of employees shall the nurse(s) be adjusted as quickly equitably as possible, possible and it is understood that the Union has no grievance concerning an individual nurse until the Director of Care Manager or her/her or his designate has been given an opportunity of adjusting to adjust the complaint. Such . 8.3 Any complaint within the terms of this Agreement shall be discussed with the Director of Care Manager within fifteen (15) working days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice of alleged grievance and assistance from others. If there is no failing settlement within nine ten (910) working calendar days, it shall then be taken up as a grievance within nine ten (910) working calendar days of the decision of the Manager in the following manner and sequence: The Union may present the grievance in writing to the Administrator, Business Administrator or her/her or his designate, designate who shall render her/his a decision within five (5) working days after following the presentation of day on which the grievance to her/himwas submitted. The parties mayFailing settlement, 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 mannerthen: Within ten (10) working days after the decision is given at Step No. 1, the Union may present the grievance to the Medical Officer of Health, or her or his designate. The aggrieved employeenurse, and/or the Grievance Committee shall meet with a committee appointed by the Board The Medical Officer of Directors of the Manor Health to consider the grievance. At this stage the employee nurse and/or the Grievance Committee may be accompanied by a representative of the Union. The decision of the committee Medical Officer of the Board of Directors Health will be rendered in writing to the Labour Relations Officer and the bargaining unit representative within ten fifteen (1015) working days following such a meeting. If the grievance is not settled at Step #2, the Union may refer the grievance to arbitration. 8.4 Any and all of the time allowances provided for in Clause 8.3 may be extended by mutual agreement between the parties, upon presentation of evidence that such an extension is necessary and does not prejudice either side.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee PURPOSE 30.01 The purpose of this procedure is to secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures will be kept as informal as may be appropriate at any step of the procedure. DEFINITIONS 30.02 A "grievance" is a claim by any teacher, group of teachers, the Teachers or the Union has the right Board, relating to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation administration of this Agreementagreement, or is an allegation that this agreement has been contravened. PROCEDURE (a) Step One: A teacher having a grievance may, provided it is done with reasonable promptness, discuss such grievance with the Superintendent of Education, Human Resources or designate who will give an oral reply to the teacher within five (5) days after such discussion. 8.02 At (b) Step Two: If the time formal discipline grievance is imposed not satisfactorily disposed of at Step One, the Unit President, or at any stage designate, may on behalf of the aggrieved teacher, within ten (10) days after the reply at Step One has been or should have been given, deliver the grievance procedurein writing to the Director of Education. The Unit President, including or designate, and the complaint stageaggrieved teacher may make representation regarding the grievance. The Director of Education or designate shall, within five (5) days after the said meeting, deliver to the Unit President the written reply of the Board to the grievance. DIRECT GRIEVANCES AND GROUP GRIEVANCES 30.04 Any grievance arising directly between the Board and the Teachers or any grievance involving more than one teacher, instead of following the procedure herein before set out, may be submitted in writing within a nurse is entitled reasonable period by either of the parties hereto to be represented by her/his union representativethe other. The parties agree to meet without delay in an attempt to settle the grievance. 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 event that the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union has no are unable to settle such 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 submission of same, then the circumstances giving rise party 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 whom the grievance was delivered shall then be taken up as a reply in writing to such 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 a further five (5) working days after days. ARBITRATION 30.05 In the presentation of event that any grievance shall not have been satisfactorily settled pursuant to 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. 1foregoing provisions, the aggrieved employeematter may then, 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 notice in writing given to the Labour Relations Officer and the bargaining unit representative other party within ten (10) working days following after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either by the Teachers or the Board to arbitration. 30.06 The notice submitting to arbitration shall contain the name of the nominee to the arbitration board of the party making the submission. The recipient of the notice shall within ten (10) days of receipt of the notice, inform the other party in writing of the name of its nominee to the arbitration board. The two nominees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a chairperson within the time limit, then the request for the appointment of an arbitrator or a nominee may be made to the Minister of Labour as provided by the Ontario Labour Relations Act. No person may be appointed to the arbitration board who has participated directly in an attempt to settle the grievance. 30.07 The arbitration board shall hear and decide the grievance and shall issue its decision in writing and the decision shall be final and binding upon the parties and any teacher affected by it. The decision of a majority of the arbitration board is the decision of the arbitration board, but if there is no majority, the decision of the chairperson governs. In any grievance, including any arising out of any reprimand, suspension or demotion or the loss of any remuneration or benefits, the board of arbitration shall have the power to direct payment of compensation, vary the penalty or reinstate a benefit, including retroactivity thereof, as such board may determine to be appropriate. 30.08 Notwithstanding section 30.07, the arbitration board established as above shall decide the grievance submitted to it, any related questions, including any questions as to whether a meetingmatter is arbitrable, but shall have no power to alter, modify or amend this agreement, nor make any decision inconsistent therewith. 30.09 Each party shall pay the cost of its own nominees to the arbitration board and the parties shall share equally the cost of the chairperson. 30.10 Each party may be represented at the arbitration by the representative of its choice. 30.11 Unless otherwise specifically provided any notice required to be sent herein may be sent by prepaid registered or certified mail to the parties at their respective mailing addresses. 30.12 The term "days" when used in this Article shall mean Monday to Friday inclusive through the year including July and August, but excluding school holidays. 30.13 Any time limits fixed by this Article for the taking of action by either party or by any teacher may at any time be extended by agreement of the representatives of the parties involved. EXPEDITED ARBITRATION OPTION 30.14 Notwithstanding Section 30.06, the parties may mutually agree to appoint a single arbitrator to resolve any such grievance within the provisions of this Article herein.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 10.01 Any dispute concerning the interpretation, application, operation or any alleged violation of the Agreement that arises between the Employer and the Union, or between an employee or employees bound by the Collective Agreement and the Employer, including any questions as to whether any difference is arbitrable, shall be processed according to the following grievance procedure. 10.02 ln the event that either party fails to satisfy the responsibilities to meet as outlined in the steps below or does not respond with a decision within the timelines specified below, the party initiating the grievance may advance the grievance to the next step of the grievance procedure. 10.03 Time periods for the purpose of this article, shall be calendar days. 10.04 The employee who has a concern or grievance must discuss the matter with their immediate supervisor before filing a written grievance. The employee may be accompanied by a Union Xxxxxxx during the discussion if the employee so chooses. 10.05 An employee, the Business Manager of the Union or such other designate who has a grievance regarding the interpretation, application, operation or any alleged violation of the Agreement may within twenty (20) days of the date the employee either became aware of the occurrence or ought reasonably to have been aware of the occurrence giving rise to the grievance, forward a written grievance to the Human Resources representative and/or Director of Sales. At any time during the twenty-day (20) period, the Union may request a meeting to discuss this matter before the Employer. When an employee or the Union has files a grievance, it must be signed by 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 advanceemployee. The Employer also agrees, as a good labour relations practice, it will also notify shall respond in writing to 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. If the response in not satisfactory to the Union, the matter may be referred to arbitration. A Grievance resolved at this step shall be recorded in writing and have precedential effect unless the parties have otherwise agreed in writing. 10.06 A grievance which is not satisfactorily resolved through the previous steps shall be adjudicated by a single arbitrator in accordance with the following: a) The party who initiates the grievance shall, within thirty (30) days after of the circumstances giving rise expiry of the time limit response of the Employer, notify the other party in writing of its intention to it have occurred. This discussion proceed to arbitration. b) The notice of intention to proceed to arbitration 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 the name of 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/himproposed arbitrator. The parties mayshall attempt to agree upon an arbitrator within fifteen (15) days of the receipt of such notice. At any time thereafter, if they so desireeither party may request that the appointment be made pursuant to the applicable provisions of the Alberta Labour Code. c) The arbitrator shall have such powers as prescribed in applicable legislation and their decision shall be final and binding upon the parties. d) The arbitrator shall not alter, meet to discuss amend or change the grievance at a time terms of this Collective Agreement. The arbitrator shall have such powers as defined and place suitable to both parties. If the decision is unsatisfactory, then the grievance may be presented provided in the following manner: Within ten (10) working days after governing legislation. The fees and expenses of the decision is given at Step No. 1, the aggrieved employee, and/or the Grievance Committee single arbitrator shall meet with a committee appointed be borne equally by the Board of Directors of Union and the Manor Employer. 10.07 The Union and the Employer may agree to consider the use an Alternate Dispute Resolution process to resolve a grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Union. The decision resulting from the ADR process agreed to by the parties shall have no precedential effects. The intent is to have representatives of the committee parties, present their arguments to an agreed to third party for adjudication. 10.08 A probationary employee may file a grievance with the Human Resources representative regarding termination of the Board of Directors will be rendered in writing to the Labour Relations Officer and the bargaining unit representative their employment within ten (10) working days following of the termination. a) A meeting will be held within seven (7) days of receipt of the grievance to discuss and consider the termination decision. In attendance at this meeting will be the HR representative, the probationary employees’ manager, a union xxxxxxx and the probationary employee. The employer must respond within fifteen (15) days. b) If the union disagrees with the Employer’s decision, within seven (7) days, the union will advise the Human Resources representative and request a second meeting which will be held within ten (10) days of the request. The Director of Sales, Director of Human Resources and the union xxxxxxx will be present and discuss the grievance. The griever may attend. The Employer will respond to the issues raised within seven (7) days. This decision is final and binding, except as described in 10.08 c) c) The parties agree that the Union may proceed to arbitration, by a mutually agreed single mutually arbitrator, in cases where the Union argues the decision to terminate a probationary employee was done by the Employer in bad faith, in an unlawful manner or in a discriminatory manner. The union bears the onus of establishing such a meetingconduct on the part of the Employer. There is no requirement for the Employer to establish just cause. d) All time limits can be extended by mutual agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (a) All disputes, differences or grievances as to the in­ terpretation or application of the provisions of this Agreement shall be settled in the following manner: 1. The Union shall give written notice of the nature of the dispute, difference or grievance to the duly designated representative of the Employer. 2. After receipt of such notice by the Employer, the duly authorized officials of the Union has the right to lodge and a grievance with respect to any matter arising out duly designated representative of the interpretationEmployer shall confer to adjust such dispute, application difference or alleged violation grievance. The Em­ ployer agrees to supply the Union with the relevant infor­ mation necessary to process the grievance. 3. In the event such dispute, difference or griev­ ance shall not have been satisfactorily adjusted betweffi the parties in the manner provided above, then such dis­ pute, difference or grievance shall be referred to arbitra­ tion by either party by notice in writing. Upon the giving of such notice in writing by one party to the other, the parties shall mutually agree upon an impartial arbitrator who, in cases involving discharge will hold hearings with­ in approximately thirty (30) days after accepting appoint­ ment. If this does not occur in such cases, the expedited arbitration procedure of the American Arbitration Association may be utilized by the submitting party. If no agreement upon an impartial arbitrator is reached within five (5) days after the giving of such notice o f in­ tention to arbitrate, either party may apply to the American Arbitration Association for the appointment of such impartial arbitrator. 4. In order to comply with Union’s internal appeal procedure, the Union shall have ninety (90) days from the date of initial filing of grievance to notify Employer that it may go forward to arbitration. (b) The decision of said arbitrator shall be final and binding upon the parties. The parties further agree that there shall be no suspension of work when any such dispute, difference or grievance arises and while it is in the process of adjustment or arbitration. The parties agree that the expenses of arbitration shall be borne equally between them. (c) Any member of the Union who shall, at the direc­ tion of the arbitrator, be required to testify at any ar­ bitration procedure shall not suffer any loss in wages by reason thereof. (d) A dispute, difference or grievance concerning the discharge of an employee shall be deemed waived unless, within ten (10) calendar days after the date of discharge, the Union gives written notice of such dispute, difference or grievance to the duly desinated representative of the Employer. (e) Neither party shall utilize any coercive or retalitory measure to compel the other party to accede to its demands. (f) The arbitrator shall not have the power to xxxx­ xxxxx provisions of a new agreement, to arbitrate away, in whole or in part any provision of this Agreement, and shall not have the power to add to, delete from or modify the provisions of this Agreement. 8.02 At (g) The shop xxxxxxx or Union representative has the time formal discipline is imposed or at right to be present during any stage corrective interview be­ tween an official of the grievance procedure, including the complaint stage, Employer and a nurse is entitled to be represented by her/his union representative. In the case member 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 concerning discipline or the application of the interpretation of the Agreement. An employee has the right to request the presence of a Union representative within ten (10) working days following such a meetingor shop xxxxxxx at any in­ vestigatory interview which the employee reasonable believes might result in disciplinary action.

Appears in 2 contracts

Samples: Union Contract, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge Section 6.1 In this Article a grievance with respect to shall consist only of a dispute concerning interpretation and application of any matter arising out of the interpretation, application or alleged violation clause of this Agreement, alleged violations of this Agreement and alleged discrimination against any employee contrary to the terms of this Agreement. If any question arises as to whether a particular dispute is or is not a valid grievance within the provision of this Agreement, such question may be taken up through the grievance procedure and determined, if necessary by arbitration. At all times, there shall be an honest effort on the part of both parties to settle any grievances promptly through implementing the following steps. 8.02 At (a) Any employee who feels he or she has a justifiable complaint must discuss the complaint with the Office Manager no later than forty-eight (48) hours (Saturday, Sunday and Statutory Holidays excepted) from the time formal discipline the act complained of did occur. The employee may be accompanied by his or her xxxxxxx if he or she wishes. The Office Manager shall give his or her answer to the complaint within twenty-four (24) hours (Saturday, Sunday and Statutory Holidays excepted) from the time the discussion took place. (b) Failing settlement as in Step (a) as outlined above, the Xxxxxxx and the grievor shall meet with the Branch Manager or his or her appointee within forty-eight (48) hours after a decision has been made by the Office Manager (Saturday, Sunday and Statutory Holidays excepted). The grievance must at this stage be submitted in writing to the Branch Manager and it must be signed by the grievor. (c) If a grievance is imposed not settled after implementing steps (a) and (b) outlined above, it shall be referred to the General Manager or at any stage his or her designate of the Company within fourteen (14) calendar days from the date the grievance was presented in writing to the Branch Manager. (d) Should the parties fail to reach a satisfactory settlement in the preceding steps of the Grievance Procedure, the final settlement of the grievance procedure, including can be submitted to a Board of Arbitration. Section 6.2 During any of the complaint stage, a nurse is entitled to be represented by her/his union representative. In above outlined steps of the case of suspension or dischargeGrievance Procedure, the Employer shall notify Xxxxxxx or appropriate management representative may request the nurse presence of this right the Union Business Agent or the duly accredited official of the Union to assist in advance. The Employer also agrees, as a good labour relations practice, it will also notify the Bargaining Unitdiscussing settlement of any dispute. 8.03 Section 6.3 It is shall be the intent responsibility of any party desiring to effect arbitration to inform the other party in writing not later than five (5) calendar days after the last discussion on the grievance between the Union and the General Manager or his or her designate. A Board of Arbitration shall in this event be immediately established consisting of one appointee of the parties that complaints Union and one appointee of employees shall be adjusted the Company and a third member to act as quickly as possible, and it is understood that Chairman of the Union has no grievance concerning an individual nurse until Board of Arbitration appointed on the Director recommendation of Care or her/his designate has been given an opportunity of adjusting the complaintfirst two appointees. Such complaint shall be discussed with Should the Director of Care members fail to select a Chairman within fifteen (15) working calendar 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 request 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. 1writing for arbitration, the aggrieved employee, and/or members shall request the Grievance Committee shall meet with Minister of Labour to name 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 Chairman of the Board of Directors Arbitration. Section 6.4 The Board of Arbitration shall not have the right to alter or change any provisions of this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. It is understood, however, that in the event a matter is properly arbitrable, the Board of Arbitration may render any decision it deems just so as to effect a binding and final solution to any dispute. Section 6.5 Each of the parties hereto will bear the expense of their appointee to the Board and the parties will equally bear the fees and expenses of their Chairman. Section 6.6 Both parties to this Agreement agree it is in the interest of both parties to make all reasonable effort to eliminate grievance problems with the least possible delay. Section 6.7 The Company shall not be rendered responsible for the payment of time used by any employee covered by this Agreement during investigation and settlement of grievances. Section 6.8 It is understood that management has the right to present a grievance in writing to the Labour Relations Officer and Union in the bargaining unit representative within ten event it alleges a violation of the Agreement by the Union, its agents, or representatives or any of the employees covered by this Agreement. Section 6.9 Within seven (107) working calendar days following such a meeting.of receipt of notice of intent to arbitrate under Section

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Office Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 (a) Any employee disputes, differences or the Union has the right to lodge a grievance with respect to any matter grivances arising out of the interpretation, application application, breach or alleged violation claim of breach of the provisions of this Agreement. 8.02 At Agreement shall be settled in 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 dischargefollow­ ing manner: The aggrieved employee, 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 Market Stew­ ard or the Union has no grievance concerning an individual nurse until Representative, may pre­ sent and discuss any grievances to 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 othersManager. If there is no settlement within nine (9) working daysnot settled, it shall then be taken up as a grievance within nine (9) working days in the following manner and sequence: The Union Repre­ sentative may present the grievance to the AdministratorCompany Supervisor or person so desig­ nated by the Employer. All grievances sub­ mitted to the Personnel Manager, in writ­ ing, will be answered, in writing, to the Union within seven (7) days. In the event that such dispute, difference or her/his designategrievance shall not have been satisfactorily adjusted between the parties in the manner pro­ vided above, who shall render her/his decision within five (5) working days after the presentation then such dispute, difference or grievance arising out of the grievance interpreta­ tion, application, breach or claim of breach of the provisions of this Agreement shall be submitted, at the request of either party, to her/him. The parties may, if they so desire, meet to discuss arbitration under the grievance at a time and place suitable to both parties. If the decision is unsatisfactoryVoluntary Arbitra­ tion Rules, then the grievance may be presented in the following manner: Within ten (10) working days after the decision is given at Step No. 1obtaining, 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. American Arbitration Association. (b) The decision of the committee arbitrator shall be final and binding upon the parties. The parties further agree that there shall be no suspension of work when any such dispute, difference or grievance arises and while it is in the Board process of Directors will adjustment or arbitration. The parties agree that the expenses of arbitration shall be rendered borne equally between them. (c) The arbitrator shall not have the power to arbitrate provisions of a new agreement or to arbitrate away in writing whole or in part any pro­ visions of this Agreement, nor shall he have the power to add to, delete from, or modify the Labour Relations Officer and provisions of this Agreement. (d) Any member of the bargaining unit representative who shall, at the discretion of the arbitrator be re­ quired to testify at, or attend any hearings or arbitration, mediation or settlement of any question of violations of this contract, shall > not suffer any loss in wages by reason thereof. (e) No dispute, difference or grievance shall be subject to arbitration unless the request for arbitration shall be made within ten sixty (1060) working days following such a meetingafter the dispute, difference or grievance has been presented to the other party.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Working Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee Should any differences, disputes, or com­ plaints arise over the Union has the right to lodge a grievance with respect to any matter arising out interpretation or ap­ plication of the interpretation, application or alleged violation contents of this Agreement, there shall be an xxxxxxx effort made on the part of both parties to settle same promptly through the following steps: Step 1. By conference between the ag­ grieved employee, the Shop Xxxxxxx, or both, and the Store Manager. 8.02 At Step 2. By conference between the time formal discipline is imposed or at any stage Business Representative of the grievance procedure, including Union and the complaint stageSu­ pervisor of the Company. Step 3. By conference between an official or officials of the Union and the Unit Head, a nurse is entitled to be represented representative of the Company, dele­ gated by her/his union representativethe Unit Head, or both. Step 4. In the case event the last step fails to settle the complaint, it shall be promptly referred to the Arbitration Board. The Arbitration Board shall consist of suspension one person appointed by the Union and one person appointed by the Employer, and an impartial third party chosen by the first two. If the third arbitrator cannot be cho­ sen within three days then the Federal Me­ diation and Conciliation Service will be re­ quested to furnish a panel of names from which the third arbitrator may be chosen. The decision of the majority shall be bind­ ing on both parties. The expense of the third arbitrator shall be paid for jointly, but such board shall not be empowered to add to, detract from, or alter the terms of this Agreement. The Employer may at any time discharge any worker for proper cause. The Union may file a written complaint with the Em­ ployer within seven days after the date of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly; and if the Employer and the Union fail to agree within five days, it shall be referred to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer shall notify re-instate the nurse employee and pay him com­ pensation at his regular rate for the time lost. Such a complaint must be settled with­ in twenty days from its receipt, including the decision of this right in advancethe Arbitration Board. Grievances must be taken up promptly, and no grievance will be considered, dis­ cussed or become arbitrable which is pre­ sented later than seven days after such has happened. The Employer also agrees, as shall have the right to call a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent conference with a shop xxxxxxx or officials of the parties that complaints Union for the purpose of employees discussing his grievance, criticisms, or other problems. Grievances will be discussed only through the outlined procedure, except in cases where there are no shop stewards Step 1 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 complaintomitted. Such complaint There shall be discussed with no lockout or cessation of work pending 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 meetingArbitra­ tion Board.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee ‌ Grievances or disputes which may arise involving the interpretation of this Agreement shall be settled in the following manner. A. The SAFO Grievance Committee, upon receiving a written and signed petition, shall determine if a grievance exists. If, in their opinion, no grievance exists, no further action is necessary. In making their determination SAFO shall, unless advised by legal counsel to the contrary, submit the issue to the Fire Chief or to Labor-Management so that the City has the opportunity to present their view of the dispute. SAFO or the Union has City may initiate grievances and no grievance shall require the right to lodge a grievance with respect to any matter arising out participation 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 advancean individual member. 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 matter must 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 submitted in writing within fifteen thirty (1530) working calendar days after the circumstances occurrence or when the facts giving rise to it the grievance should have occurred. This discussion may include consultationbeen known, advice and assistance from others. whichever is later. B. If there is no settlement within nine (9) working days, it shall then be taken up as a grievance does exist, SAFO shall, within nine seven (97) working days in weekdays of determination of a grievance, with or without the following manner and sequenceemployee, present the grievance as follows: Step 1: To the Fire Chief for adjustment. The Union may present Fire Chief must reply within seven (7) weekdays from the receipt of the grievance. Step 2: If the grievance has not been settled within seven (7) weekdays of the Fire Chief’s response, SAFO must submit the grievance to the AdministratorHuman Resources Director for adjustment. The Human Resources Director must reply within seven (7) weekdays from receipt of the grievance. Step 3: If the grievance is not settled within seven (7) weekdays of the Human Resources Director response, or her/his designate, who shall render her/his decision within five (5) working days after the presentation of SAFO must submit the grievance to her/himthe City Administrator for adjustment. The parties may, if they so desire, meet to discuss City Administrator must reply within seven (7) weekdays from receipt of the grievance. Step 4: If the grievance at is not settled within seven (7) weekdays by the City Administrator’s response, the matter must be referred to a time and place suitable to meeting of the negotiating committee of both parties. At that meeting all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in seven (7) weekdays of 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. 1negotiating committee’s meeting, the aggrieved employee, and/or the Grievance Committee matter 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 submitted to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meetingarbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any Should any difference arise between the persons bound by this Agreement concerning its interpretation, application, operation, or any alleged violation thereof, including any question governing the dismissal or suspension of an employee bound by the Agreement, and including any question as to whether any matter is arbitrable, there shall be no stoppage of work on account of such difference and an xxxxxxx effort shall be made to settle the difference in the following manner: 8.1 The grievance shall be stated in writing, and shall state that the matter is a grievance in accordance with this Article and shall be submitted to the Department Head concerned within thirty (30) calendar days of the date of the incident giving rise to the grievance, or within thirty (30) calendar days of becoming aware of the incident, but in no case exceeding ninety (90) calendar days from the date of the incident. 8.2 The Department Head shall make a written decision on the grievance within thirty (30) calendar days. Within thirty (30) calendar days of receipt of the Department Head's written response, the Union has may choose to invoke 8.3. 8.3 Within thirty (30) calendar days of 8.3 being invoked the right to lodge grievance shall be discussed between a grievance with respect to any matter arising out committee of three (3) representatives of the interpretationEmployer and a grievance committee of three (3) representatives of the Union. The aggrieved employee and the Department Head may attend as witnesses. The decision of the Employer's grievance committee shall be in writing within fourteen (14) calendar days of the meeting. If the Union does not accept the decision of the Employer's Committee, application or alleged violation they may invoke 8.4 of this AgreementArticle within thirty (30) calendar days of receipt of the decision, such notice shall be in writing to the Employer. 8.02 At 8.4 A Board of Arbitration shall be formed to hear 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 representativegrievance. In the case of suspension or discharge, the Employer Either Party shall notify the nurse of this right other, in advance. The Employer also agreeswriting, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent of the parties that complaints question(s) to be arbitrated and the name and address of employees its chosen representative on the Arbitration Board. After receiving such notice and statement, the other Party shall within fourteen (14) calendar days appoint its representative on the Arbitration Board and give notice in writing of such appointment to the other Party. Such representatives shall endeavour to select a third member who shall be adjusted as quickly as possible, and it is understood that Chairman. Should 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 representatives fail 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 select such third member within five (5) working calendar days after from the presentation appointment of the grievance to her/him. The parties maylast representative, if they so desire, meet to discuss either Party may request 8.5 Within fourteen (14) calendar days following 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 establishment of the Board of Directors will Arbitration, it shall report its decision on the grievance. The majority decision of the Board shall be rendered in writing final and binding on all persons bound by this Agreement. 8.6 In the event the Board of Arbitration finds that an employee has been dismissed or suspended for other than proper cause, the Board of Arbitration may direct the Employer to reinstate the employee and pay to the Labour Relations Officer employee a sum equal to -the employee’s wages or salary lost by reason of such suspension or discharge, or such lesser sum as in the opinion of the Board of Arbitration is fair and reasonable or make such other order as it considers fair and reasonable having regard to the bargaining unit representative within ten terms of the Collective Agreement between the Parties. 8.7 Failure of the Union to adhere to the time requirements in this Article shall result in the abandonment of the grievance on a without prejudice basis. Failure of the Employer to adhere to the time requirements shall result in the grievance being resolved in favour of the Union, without prejudice. 8.8 Whenever a stipulated time is mentioned in sub-section (108.1), (8.2), (8.3), (8.4) working days following such a meetingor (8.5) herein, the said time may be extended by mutual written consent of the Parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (A) All disputes relating to the interpretation or performance of this Agreement which may arise between the parties to this Agreement shall be determined by a Li- censed Personnel Board (hereinafter referred to as the Board) consisting of two (2) persons appointed by the Union and two (2) persons appointed by the Company. The parties shall submit any such dispute for decision by the Board and they agree to be bound by the decision of a majority thereof. The Board shall agree to such rules of procedure as it may deem necessary. In the event no settlement is reached by the Board, the issue may be referred to the Arbitrator by either party for arbitration. The cost of the arbitration shall be borne equally by the Union and the Company. Unless some other place is mutually agreed upon, the Board shall meet in New York promptly upon the written notice from either the Union or the Company. The Union and the Company may appoint alternates to act in place of the regular members of the Board. (B) An Arbitrator shall be chosen from a list of seven (7) Arbitrators supplied by the American Arbitration Association from its roster of labor Arbitrators who have had expe- rience with maritime unions. If the parties cannot agree on an Arbitrator, they shall alternately strike one (1) name at a time, and the last remaining person shall be the Arbitrator. The order of striking shall be determined by a coin toss. During the fifteen (15) days before each anniversary date of this Agreement, either the Company or the Union has shall have the unrestricted right to lodge terminate the appointment of the Arbitrator. The parties agree that all questions as to whether a dispute is arbitrable shall be submitted to and decided by the Arbitrator; provided, however, the Arbitrator shall be without authority to amend the terms of the Collective Bargaining Agreement. The parties agree that all questions concerning the interpretation of an award made by the Arbitra- tor shall be re- submitted to the Arbitrator for a decision. (C) The Arbitrator will serve as Chairman of any meeting of the Board without vote. If said Board resolves any grievance, either by a majority vote or by mutual agreement, said grievance shall be deemed settled, and the decision shall be final and binding. (D) In the absence of such final disposition by the Board, the Arbitrator will then have jurisdiction of the case to render a decision as Arbitrator. Either party may request a further opportunity to present additional evidence for the purpose of the arbitration proceedings. In the absence of any such request or if the Arbitrator should deny such request, he will proceed to issue an award without the need of any further hearings. (E) Either party may have the right, by telegraphic notice to the other party and to the Arbitrator, to request a convening of the Board to consider a grievance the nature of which requires immediate disposition. In such event the Board shall meet as expedi- tiously as possible but in no event later than twenty-four (24) hours after receipt of said notice. In such case the Award of the Board and, where a deadlock of the Board occurs, the Arbitrator, if requested by the aggrieved party, shall issue his decision forthwith and in no event later than five (5) hours after the conclusion of the hearing. In addition, the aggrieved party may agree to waive this time limitation with respect to any matter arising out all or part of the interpretationrelief requested. The award of the Arbitrator shall be in writing and may be issued with or without an opinion. If any party desires an opinion, application or alleged violation one shall be issued, but its issuance shall not delay compliance with and enforcement of this Agreementthe Award. 8.02 At (F) The failure of any party to attend an arbitration hearing as scheduled by the time formal discipline Arbitrator shall not delay said arbitration and the Arbitrator is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled authorized 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, proceed to take evidence and to issue an award as a good labour relations practice, it will also notify the Bargaining Unitthough such party were present. 8.03 (G) It is the intent desire and purpose of the parties that complaints all grievances, available for Board or Arbitration, be disposed of employees shall be adjusted as quickly promptly and expeditiously 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (a) All disputes, differences or grievances as to the interpretation or application of the provisions of this Agreement shall be settled in the following manner: The Union shall give written notice of the nature of the dispute, difference or grievance to the duly designated representative of the Employer. After receipt of such notice by the Em­ ployer, the'duly authorized officials of the Union has the right to lodge and a grievance with respect to any matter arising out duly designated representative of the interpretationEmployer shall confer to adjust such dis­ pute, application difference or alleged violation grievance. In the event such dispute, difference or grievance shall not have been satisfactorily adjusted between the parties in the manner provided above, then such dispute, difference or grievance shall be referred to arbitration by either party by notice in writing. Upon the giving of such notice in writing by one party to the other, the parties shall mutually agree upon an impartial arbitrator who, in cases in­ volving discharge will hold hearings within approximately thirty (30) days after accepting appointment. If this does not occur in such cases, the expedited arbitration procedure of the American Arbitration Association may be utilized by the submitting party. If no agree­ ment upon an impartial arbitrator is reached within five (5) days after the giving of such notice of intention to arbitrate, either party may apply to the American Arbitration Asso­ ciation for the appointment of such impartial arbitrator. (b) The decision of said arbitrator shall be final and binding upon the parties. The parties further agree that there shall be no suspen­ sion of work when any such dispute, difference or grievance arises and while it is in the pro­ cess of adjustment or arbitration. The parties agree that the expenses of arbitration shall be borne equally between them. (c) Any member of the Union who shall, at the direction of the arbitrator, be required to testify at any arbitration procedure shall not suffer any loss in wages by reason thereof. (d) A dispute, difference or grievance con­ cerning the discharge of an employee shall be deemed waived unless, within ten (10) calen­ dar days after the date of discharge, the Union gives written notice of such dispute, differ­ ence or grievance to the duly designated representative of the Employer. (e) Neither party shall utilize any coercive or retaliatory measure to compel the other party to accede to its demands. (f) The arbitrator shall not have the power to arbitrate provisions of a new agreement, to arbitrate away, in whole or in part any provi­ sion of this Agreement, and shall not have the power to add to, delete from or modify the provisions of this Agreement. 8.02 At (g) The shop xxxxxxx or Union representa­ tive has the time formal discipline is imposed or at right to be present during any stage corrective interview between an official of the grievance procedure, including the complaint stage, Employer and a nurse is entitled to be represented by her/his union representative. In the case member 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 concerning discipline or the application of the interpretation of this Agreement. An employee has the right to request the presence of a Union representative within ten (10) working days following such a meetingor shop xxxxxxx at any investigatory interview which the employee reasonably believes might result in disciplinary action.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee problem arising in connection with the application or the Union has the right to lodge a grievance with respect to any matter arising out interpretation of the interpretation, application or alleged violation provisions 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 Agreement shall be adjusted as quickly as possible, and it is understood that at first the Union has no grievance concerning subject of 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 effort by the Board of Directors of the Manor to consider the grievance. At this stage the employee and/or the Grievance Committee Union and the department head or the department head's designee to resolve it amicably. The department head or the department head's designee shall give a response to the issue within seven days (7) calendar days of the informal meeting. If it is not resolved, the problem shall be reduced to a written grievance by the Union and shall be presented to Human Resources within thirty (30) calendar days of the date when the employee, as to the employee's grievances or the Union, as to its grievance, had knowledge (or in the normal course of events should have had knowledge) of the event constituting the grievance. The parties shall meet within twenty-one (21) calendar days of the written grievance being filed. The Human Resources Director or the Director's designee shall give a written response to the grievance within seven (7) calendar days of the meeting. The above timelines may be accompanied waived by mutual agreement. For grievances resulting from disciplinary actions, the filing of the initial written grievance shall be seven (7) calendar days from the date the action was taken. The parties shall meet within seven (7) calendar days of the written grievance being filed. The Director or the Director's designee shall give a representative written response to the grievance within seven (7) calendar days of the meeting. The above timelines may be waived by mutual agreement. If the matter then remains unresolved, the Union may refer the matter in writing to an Adjustment Board composed of two (2) representatives of the Union and two (2) representatives of the Medical Center. The referral to the Adjustment Board shall be made within thirty (30) days from the date of the Director's response. The Adjustment Board shall convene within fourteen (14) days of the Union. The decision of the committee of 's referral, and the Board of Directors will be rendered in writing to the Labour Relations Officer and the bargaining unit representative shall reach a decision within ten (10) working days following of its initial meeting on the matter. Any decision by a majority of three (3) votes shall be final and binding upon both parties, provided that the Adjustment Board shall have no jurisdiction or authority to add to, subtract from, or alter in any way the provisions of this Agreement. If the members of the Adjustment Board deadlock in their decision, the Union shall have the right to give written request for arbitration of the problem, provided the request is given within thirty (30) days of the Adjustment Board's failure to agree on a decision. The parities shall request a list of arbitrators from the Federal Mediation Conciliation Service. The parties shall alternately strike names from such list until one name remains, which person shall be the Arbitrator. A decision of the arbitrator shall be final and binding upon both parties, subject to the limitations on jurisdiction and authority contained in the preceding paragraph. If the Medical Center fails to meet any of the foregoing time limits, the Union shall have the right to move the problem directly to a meetingrequest for arbitration. If the Union fails to meet any of the foregoing time limits, the grievance shall be considered waived. Any time limits may be extended by mutual agreement, set forth in writing and signed by the parties.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 (a) All disputes, differences or grievances as to the interpretation or application of the provisions of this Agreement shall be settled in the following manner: The Union shall give written notice of the nature of the dispute, difference or grievance to the duly designated representative of the Employer. After receipt of such notice by the Em- ployer, the duly authorized officials of tjie Union and a duly designated representative of the Employer shall confer to adjust such dis­ pute, difference or grievance. In the event such dispute, difference or grievance shall not have been satisfactorily adjusted between the parties in the manner provided above, then such dispute, difference or grievance shall be referred to arbitration by either party by notice in writing. Upon the giving of such notice in writing by one party to the other, the parties shall mutually agree upon an impartial arbitrator who, in cases in­ volving discharge will hold hearings within approximately thirty (30) days after accepting appointment. If this does not occur in such cases, the expedited arbitration procedure of the American Arbitration Association may be utilized by the submitting party. If no agree­ ment upon an impartial arbitrator is reached within five (5) days after the giving of such notice of intention to arbitrate, either party may apply to the American Arbitration Asso­ ciation for the appointment of such impartial arbitrator. (b) The decision of said arbitrator shall be final and binding upon the parties. The parties further agree that there shall be no suspen­ sion of work when any such dispute, difference or grievance arises and while it is in the pro­ cess of adjustment or arbitration. The parties agree that the expenses of arbitration shall be borne equally between them. (c) Any employee or member of the Union has who shall, at the right to lodge a grievance with respect to any matter arising out direction of the interpretationarbitrator, application be required to testify at any arbitration procedure shall not , suffer any loss in wages by reason thereof. (d) A dispute, difference or alleged violation grievance con­ cerning the discharge of an employee shall be deemed waived unless, within ten (10) calen- dar days after the date of discharge, the Union gives written notice of such dispute, differ­ ence or grievance to the duly designated representative of the Employer. (e) Neither party shall utilize any coercive or retaliatory measure to compel the other party to accede to its demands. (f) The arbitrator shall not have the power to arbitrate provisions of a new agreement, to arbitrate away, in whole or in part any provi­ sion of this Agreement, and shall not have the power to add to, delete from or modify the provisions of this Agreement. 8.02 At (g) The shop xxxxxxx or Union representa­ tive has the time formal discipline is imposed or at right to be present during any stage corrective interview between an official of the grievance procedure, including the complaint stage, Employer and a nurse is entitled to be represented by her/his union representative. In the case member 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 concerning discipline or the application of the interpretation of this Agreement. An employee has the right to request the presence of a Union representative within ten (10) working days following such a meetingor shop xxxxxxx at any investigatory interview which the employee reasonably believes might result in disciplinary action.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or It is the Union has mutual desire of the right to lodge parties hereto that, complaints arising between a grievance nurse and the Employer with respect to any matter arising out of the interpretationapplication, application interpretation 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 Collective Agreement shall be adjusted as quickly as possible, possible and it is generally understood that the Union that, subject to discharge grievances, a nurse has no grievance concerning an individual nurse until the Director of Care or her/his designate she has been first given her supervisor an opportunity of adjusting the her complaint. A claim by a nurse that she has been unjustly discharged or suspended shall be treated as a grievance at Step 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the grievance or arbitration procedure: (a) confirming the Home's action in dismissing the nurse; or (b) reinstating the nurse with or without loss of seniority and with or without full compensation for time lost; or (c) by any other arrangement which may be deemed just and equitable. The Home agrees to provide written reasons within seven (7) calendar days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse without just cause. (a) If a nurse has any complaint which she wishes to discuss with the Employer, she shall take the matter up with her immediate supervisor. No complaint shall be discussed with the Director of Care within fifteen (15) working days after considered where 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) occurred or originated more than ten working days in (Monday through Friday) prior to the discussion with the supervisor. (b) If such complaint is not settled to the satisfaction of the nurse concerned within one (1) full working day, or within any longer period which may be mutually agreed upon at the time, then 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 steps of the grievance procedure may be invoked in order. A nurse may present a grievance in writing to her/himthe Manager of Nursing Care Operations. The parties maygrievance shall identify the nature of the grievance, if they so desire, meet the remedy sought and should identify the provisions of the agreement which are alleged to discuss the be violated. Such grievance at a time and place suitable to both parties. If the decision is unsatisfactory, then the grievance may should be presented in the following manner: Within 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 date of its occurrence or when it came to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative attention of the Unionnurse. The Manager of Nursing Care Operations will render a 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 the day on which the grievance was submitted. If this decision is unsatisfactory to the nurse, Step #2 may be followed within ten (10) working days. The grievance in writing will be referred to the Centre Administrator or her designate who may call a meeting.meeting of the Grievance Committee, and the Association Labour Relations Officer, within ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 9.01 A grievance shall be defined as a difference between the Union has the right to lodge a grievance with respect to any matter parties arising out of from the interpretation, application application, administration or alleged violation of this Collective Agreement. 8.02 At 9.02 No grievance shall be considered unless it relates to the time formal discipline is imposed interpretation, application, or at any stage alleged violation of this Agreement where the circumstances giving rise to it occurred more than five (5) working days before filing of the grievance. Further, no grievance procedurewill be filed, including entertained, or pursued by the employee or Union on behalf of an employee or group of employees for those who have not completed their probationary period. 9.03 The Parties agree that it is of utmost importance to adjust complaints and grievances as quickly as possible and at the lowest possible step. 9.04 Grievances properly arising under this Agreement shall be addressed as follows: The aggrieved employee shall present his/her complaint verbally to his/her supervisor. The employee may be accompanied by his/her Xxxxxxx. If a settlement is not reached within five (5) working days, the complaint stage, may be carried forward to Step #2. If the reply is not satisfactory the employee shall have the right to file a nurse formal written grievance. The parties agree that any settlement reached at this stage shall be without prejudice or precedent. If the reply is entitled not satisfactory an Employee shall have the right to be represented by her/his union representative. In file a formal written grievance and to a meeting held with the case of suspension or dischargeappropriate xxxxxxx, the Employer immediate Supervisor or Department Manager. This meeting must be held within five (5) working days of the alleged grievance and the Company will give a reply within forty-eight (48) hours. Failing resolution at Step #2, the aggrieved employee may refer the grievance to Step #3 to the Director, Factory Operations or his designate. A third step meeting shall be arranged as early as possible. At this meeting the aggrieved employee may be accompanied by the Business Agent. The Company shall reply in writing to the grievance within five (5) working days. If the matter is not disposed of at such meeting, and if the Union wishes to proceed to arbitration, the Union shall, within five (5) working days of the date of the answer given, but not thereafter, delivery to the Company a notice in writing stating that it wishes to take the matter to arbitration. 9.05 Arbitration - When a grievance is referred to arbitration, the party desiring arbitration shall notify the nurse other party, in writing, of a list of acceptable arbitrators. The recipient of the notice shall, within fifteen (15) working days, advise the other party of acceptable arbitrators. Should the Parties fail to agree on a sole arbitrator, either party may apply to the Minister of Labour for the Province of Ontario, for the appointment of an arbitrator. 9.06 The arbitrator shall not have the right to alter or change any provisions of this right in advanceAgreement. The Employer also agrees, as a good labour relations practice, it will also notify decision of the Bargaining Unit. 8.03 It is the intent arbitrator shall be final and binding on both parties. Each of the parties that complaints will share equally the fees and expenses of employees the arbitrator. 9.07 The Arbitrator shall not be authorized to make any decision which is contrary to, or inconsistent with, the provisions of this Agreement nor to deal with any matter which is not covered by this Agreement. 9.08 No matter may be submitted to arbitration which has not been carried through all required steps of the Grievance Procedure in a timely fashion. 9.09 Policy Grievance - A Union Policy grievance or a Company grievance may be submitted to the Company or the Union, as the case may be, within thirty (30) calendar days of the circumstances giving rise to the grievance. A meeting between the representatives of the Company and the Union shall be adjusted as quickly as possibleheld within ten (10) working days of the presentation of the written grievance. The answer will be given in writing within five (5) working days. If the matter is not disposed of at such meeting, 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 may be discussed with the Director of Care submitted to arbitration within fifteen (15) working days after of the circumstances giving rise date of the answer given and Article 9.06 (Arbitration) shall apply. Time limits may be extended by mutual agreement in writing. It is expressly understood that the provisions of this paragraph may not be used by the Union 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 institute a grievance within nine (9) working days in directly affecting an Employee where such Employee could himself or herself institute the following manner and sequence: The Union may present provisions of Article 9.04. 9.10 When two or more Employees wish to file a grievance arising from the grievance to the Administratorsame alleged violation of this Agreement, 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 such grievance may be handled as a group grievance and presented in to the following manner: Within ten (10) working days after the decision is given Company beginning at Step No. 1, the aggrieved employee, and/or One of the Grievance Committee shall meet with a committee appointed Procedure. 9.11 It is agreed that all time limits in Article 9 are mandatory and that the only extensions of time limits will be by the Board Union and the Company themselves notwithstanding subsection 48(16) 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 Act. Extensions of time limits shall be valid only if given in writing by the bargaining unit representative within ten (10) working days following such a meetingparty granting the extension.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge Section 7.1 A grievance shall consist of a grievance with respect to any matter arising out of dispute concerning the interpretation, application or the alleged violation of any clause in this Agreement. 8.02 At the time formal discipline agreement, including any question as to whether a matter is imposed arbitrable and including a claim that an employee has been discharged or at any stage suspended or disciplined without just cause. Such dispute shall be settled without interruption of the grievance procedureCompany's business in the following manner: Prior to filing a formal grievance, including the complaint stagean employee shall, 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 five (155) working days after the circumstances giving rise to it the grievance has occurred or should reasonably have occurredbecome known to the Grievor, discuss the matter with his Supervisor or his designate verbally. This discussion may include consultation, advice and assistance from others. If there is no settlement The Supervisor or his designate shall respond verbally within nine two (9) working days, it shall then be taken up as a grievance within nine (92) working days in of the following manner discussion. If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and sequence: The Union may present the grievance Xxxxxxx within five (5) working days and presented to the Administrator, General Manager or her/his their designate, who . The General Manager or their designate shall render her/his decision arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the presentation meeting. If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to her/himVice President of Operations or their designate. The parties mayVice President of Operations or designate shall, 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 from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (a) The Employer and the Union agree that any employee, the Union or the Union has the right to lodge Employer may present 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 of the event giving rise to such grievance. Whenever there arises any grievance, dispute or difference concerning the interpretation, application, operation, or violation of this Agreement, grievances shall be adjusted and settled as follows without a meetingslowdown or stoppage of work: (1) The employee(s) involved, may by himself or themselves, or with the Shop Xxxxxxx or with the Union Representative first take up the matter with the Management. (2) If the question is not satisfactorily settled this way, the griever and/or the Shop Xxxxxxx with the Union Representative shall discuss the matter with Management. At this step, the grievance shall be put in writing and if a solution to the dispute is reached, it shall be final and binding. (b) If the procedures set forth in (1) and (2) above do not result in a solution being reached within seven (7) days of the first discussion between a Union Representative and Representatives of the Employer, or within such further period as the Employer and the Union agree to in writing, the dispute shall be referred to a Board of Arbitration of three (3) persons appointed as follows: (1) The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of the name and address of the person so appointed and particulars of the matter in dispute within twenty (20) days of the above procedure having been observed. (2) The party receiving the notice shall within five (5) days thereafter appoint a member for the Board and notify the other party of its appointment. (3) The two (2) Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree upon a person willing to act, either of them may apply to the Honourable, the Minister of Labour to appoint such third member. (c) The Arbitration Board shall sit, hear the parties, settle the terms of the question to be arbitrated, and make its award within ten (10) days from the date of the appointment of the Chairman; provided the time may be extended by agreement of the parties. (d) The Arbitration Board shall have the power to determine whether a particular issue is arbitrable under this Agreement; however, it shall not be vested with the power to change, modify or alter any of the terms of this Agreement. (e) If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been unjustly suspended or discharged that employee shall be reinstated by the Employer without loss of pay, and with all his rights, benefits and privileges which he would have enjoyed if the discharge or suspension had not taken place. However, if it is shown to the Board that the employee has been in receipt of wages from other jobs during the period between discharge or suspension and reinstatement, the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses the employee has incurred in order to earn the wages so deducted. Also, the Arbitration Board, if circumstances are established before it, which in the opinion of the Arbitration Board makes it just and equitable to do so, shall have the authority to order the Employer to pay less than the full amount of wages lost. (f) Each party shall pay its own costs and expenses of Arbitration, the remuneration and disbursements of its appointee to the Board and one-half of the compensation and expenses of the Chairman, and of the stenographic and other expenses of the Arbitration Board. (g) Any discharged employee may, within seventy-two (72) hours of his discharge, in writing, require the Employer to give him the reasons for his discharge and the Employer will give such reasons to him, in writing, within seventy-two (72) hours of such request. Only such reasons set forth may be used before a Board of Arbitration. The seventy-two (72) hours shall be within three (3) working days, excluding weekends. (h) Any employee called as a witness by the Company for any Arbitration case will be reimbursed for lost wages. (i) Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 12.01 Any employee dispute, difference, controversy or the Union has the right to lodge a grievance with respect to any matter affecting or arising out of the interpretation, application or alleged violation administration of this Agreement shall be adjusted, if possible, by direct negotiations between the Contractor and the Union. 12.02 Where a difference arising between the parties relating to the interpretation, application or administration of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including any question as to whether the complaint stagematter is arbitrable, 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 either of the parties that complaints may, after exhausting the 12.03 The two nominees so selected shall within five days of employees shall be adjusted as quickly as possiblethe appointment of the second of them, 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 appoint 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, third person who shall render her/his decision within five (5) working days after the presentation act as Chairman 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 partiesArbitration Board. If the decision is unsatisfactoryrecipient of the notice fails to appoint an arbitrator, then or if the grievance may be presented in two appointees fail to agree upon a Chairman within the following manner: Within ten (10) working days after the decision is given at Step No. 1time limit set therein, the aggrieved employee, and/or the Grievance Committee appointment shall meet with a committee appointed be made by the Minister of Labour for Ontario upon request of either party. 12.04 The Arbitration Board of Directors of shall hear and determine the Manor to consider difference, between the grievanceparties and shall issue a decision in writing. At this stage Such decision shall be final and binding upon the employee and/or the Grievance Committee may be accompanied by a representative of the Unionparties and upon any worker affected. The decision of the committee majority of the Board shall be the decision of Directors will the Board, and if there is no majority, the decision of the Chairman shall govern. The fees and expenses of the Chairman shall be rendered borne one-half by the Union and one half by the Contractor; any other costs or expenses in writing connection with such arbitration shall be borne by the party which incurs them. 12.05 All time limits mentioned in the grievance and arbitration procedure may be extended by Agreement between the parties and no grievance shall be invalidated by reason of a failure to the Labour Relations Officer comply with time limits mentioned or by reason of any defect of form or by any technical irregularity. 12.06 If a grievance is referred to arbitration, and the bargaining unit representative within ten (10) working days following Contractor is found, without reasonable justification, to have failed to pay workers in accordance with Article 6.05, or to have failed to make remittances in accordance with Article 7, the Contractor shall be liable to reimburse the Union for all costs associated with the processing of such grievance including investigation costs, legal fees on a meetingsolicitor- and-client basis, the Union’s share of the cost of a Board of Arbitration, the cost of issuing, processing and serving summonses and all payments to any actual or potential witnesses, and interest on all monies not paid. This clause shall not apply if the violation of the collective agreement is for an insubstantial amount or the nonpayment is as a result of a bona fide bookkeeping error which is corrected immediately upon discovery.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 (a) Any employee disputes, differences or the Union has the right to lodge a grievance with respect to any matter grievances arising out of the interpretation, application application, breach or alleged violation claim of breach of the pro­ visions 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 Agreement 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 settled in the following manner and sequencemanner: The aggrieved employee, the Market Xxxxxxx or the Union Representative, may present and discuss any grievances to the Manager. If not settled, the Union Representative may present the grievance to the AdministratorCompany Supervisor or person so designated by the Employer. All grievances submitted to the Personnel Manager, in writing, will be answered in writ­ ing, to the Union within seven (7) days. In the event that such dispute, difference or her/his designategrievance shall not have been satisfactorily adjusted between the parties in the manner provided above, who shall render her/his decision within five (5) working days after the presentation then such dispute, difference or grievance arising out of the grievance interpretation, application, breach or claim of breach of the provisions of this Agreement shall be submitted, at the request of either party, to her/him. The parties may, if they so desire, meet to discuss arbitra­ tion under the grievance at a time and place suitable to both parties. If the decision is unsatisfactoryVoluntary Arbitration Rules, then the grievance may be presented in the following manner: Within ten (10) working days after the decision is given at Step No. 1obtaining, 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. American Arbitration Association. (b) The decision of the committee arbitrator shall be final and binding upon the parties. The parties further agree that there shall be no suspension of work when any such dispute, difference or griev­ ance arises and while it is in the Board process of Directors will adjustment or arbitra­ tion. The parties agree that the expenses of arbitration shall be rendered borne equally between them. (c) The arbitrator shall not have the power to arbitrate provisions of a new agreement or to arbitrate away in writing whole or in part any provisions of this Agreement, nor shall he have the power to add to, delete from, or modify the Labour Relations Officer and provisions of this Agreement. (d) Any member of the bargaining unit representative who shall, at the discretion of the arbitrator, be required to testify at, or attend any hearings or arbitration, mediation or settlement of any question of violations of this contract, shall not suffer any loss in wages by reason thereof. (e) No dispute, difference or grievance shall be subject to arbitration unless the request for arbitration shall be made within ten sixty (1060) working days following such after the dispute, difference or grievance has been presented to the other party. (f) No grievance involving a meetingdischarge or suspension shall be subject to arbitration unless a request for arbitration thereto shall be made within thirty (30) days after the employee has been dis­ charged or suspended.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any A. A grievance is defined to be a complaint by any teacher or other certified employee within the unit for which the Association is certified by the Michigan Employment Relations Commission as exclusive bargaining representative based on an event or the Union has the right condition which is claimed or considered to lodge be a grievance with respect to any matter arising out of the interpretationviolation, application misinterpretation, or alleged violation misapplication of this Agreement. The grievance procedure shall not be applicable to a complaint where the teacher has a remedy by way of appeal to the Michigan State Tenure Commission, where the Board is without authority to take the action sought, or where the complaint is not covered by this Agreement. Also, the grievance procedure shall not be applicable when a problem arises from the specific provisions of any insurance carrier's policies, as contracted for by the Board according to Article XVIII. 8.02 At B. Nothing contained herein will be construed as limiting the time formal discipline right of a teacher having a grievance to discuss the matter informally with the Board and having the grievance adjusted without intervention of the Association, provided the adjustment is imposed or not inconsistent with the terms of this Agreement and that the Association has been given opportunity to be present at any stage such adjustment. C. The use of the term "days" in each level and in the table below shall mean school days, except where otherwise indicated. GRIEVANCE PROCEDURE AND ARBITRATION TIME LIMITS TABLE Grievance Grievance Procedure and Arbitration Level Presentation Meeting Disposition I 10 days after Administration occurrence 5 days 5 days II Superintendent 5 days 5 days 5 days III Joint selection Arbitration 10 days of arbitrator -- 30 5 days; Demand calendar for arbitration -- days 5 days The number of school days indicated at each level of the grievance procedure, including procedure should be considered a maximum. The Association agrees that it is in its interest to effectively contribute to the complaint stage, a nurse is entitled prompt resolution of problems that may or are to be represented by her/his union representative. In the case subject of suspension or discharge, the Employer shall notify the nurse of this right in advancegrievances. The Employer Association also agrees, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent of the parties agrees that complaints of employees all grievances shall be adjusted filed at Level I as quickly soon as possible, and it is understood that possible but not later than within 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 school days after that immediately follow the decision event or condition that is given at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board subject or basis of Directors of the Manor to consider the grievance. At this stage The teacher shall notify the employee proper Board representatives and/or his/her Association Representative as soon as either knows of the Grievance Committee subject or basis of a potential grievance. If appropriate action is not taken within the time limit specified, the grievance will be deemed settled on the basis of the disposition at the preceding level. The time limits specified may, however, be extended in writing by mutual agreement. In the event a grievance is filed on or after June 1st which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be accompanied by a representative exhausted prior to the end of the Unionschool year or as soon thereafter as is practicable. The decision parties recommend that teachers seek to resolve grievances informally prior to the implementation 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 meetingformal grievance procedure set forth below.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee ‌ Grievances or disputes which may arise involving the interpretation of this Agreement shall be settled in the following manner. A. The Association Grievance Committee, upon receiving a written and signed petition, shall determine if a grievance exists. If, in their opinion, no grievance exists, no further action is necessary. In making their determination the Association shall, unless advised by legal counsel to the contrary, submit the issue to the Fire Chief or to Labor-Management so that the City has the opportunity to present their view of the dispute. The Association or the Union has City may initiate grievances and no grievance shall require the right to lodge a grievance with respect to any matter arising out participation 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 advancean individual member. 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 matter must 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 submitted in writing within fifteen thirty (1530) working calendar days after the circumstances occurrence or when the facts giving rise to it the grievance should have occurred. This discussion may include consultationbeen known, advice and assistance from others. whichever is later. B. If there is no settlement within nine (9) working days, it shall then be taken up as a grievance does exist, the Association shall, within nine seven (97) working days in weekdays of determination of a grievance, with or without the following manner and sequenceemployee, present the grievance as follows: Step 1: To the Fire Chief for adjustment. The Union may present Fire Chief must reply within seven (7) weekdays from the receipt of the grievance. Step 2: If the grievance has not been settled within seven (7) weekdays of the Fire Chief’s response, the Association must submit the grievance to the AdministratorHuman Resources Director for adjustment. The Human Resources Director must reply within seven (7) weekdays from receipt of the grievance. Step 3: If the grievance is not settled within seven (7) weekdays of the Human Resources Director response, or her/his designate, who shall render her/his decision within five (5) working days after the presentation of Association must submit the grievance to her/himthe City Administrator for adjustment. The parties may, if they so desire, meet to discuss City Administrator must reply within seven (7) weekdays from receipt of the grievance. Step 4: If the grievance at is not settled within seven (7) weekdays by the City Administrator’s response, the matter must be referred to a time and place suitable to meeting of the negotiating committee of both parties. At that meeting all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in seven (7) weekdays of 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. 1negotiating committee’s meeting, the aggrieved employee, and/or the Grievance Committee matter 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 submitted to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meetingarbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee Section 10.1 The Parties to this Agreement agree that all steps shall be taken to ensure that complaints relating to the administration or the Union has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation interpretation of this Agreement. 8.02 At Agreement shall be adjusted or finalized as quickly as possible. Every effort shall be made to settle disputes during the time formal discipline is imposed or at any early stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representativeProcedure. 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 a reasonable amount of authorized time may be spent by members of the Union has no Grievance Committee in order to investigate and participate in grievance concerning an individual nurse until the Director of Care or her/his designate has been given an opportunity of adjusting the complaintmatters. Such time will not be unreasonably refused. Grievance Committee investigations will not unduly interfere with Company operations. The Company agrees that it will not prevent the Committee from properly fulfilling its obligation to investigate and settle grievances. Grievance Committee members will have access to the workplace during regular operating hours. Section 10.2 STEP ONE An employee who has a complaint shall will discuss the situation first with his Supervisor or Xxxxxxx and an attempt will be discussed with made to settle 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 othersmatter. If there the matter 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 not settled to the Administrator, employee’s satisfaction the matter may be advance to Step Two. The employee may elect to have Union representation at Step One. STEP TWO The Xxxxxxx must present a formal grievance in writing to the Terminal Manager or her/his designate, who shall render her/his decision nominee within five (5) working days after the occurrence giving rise to the complaint. The Terminal Manager or his nominee shall give his written reply to the formal grievance within five (5) working days after he has received or ought to have received, same. STEP THREE If the matter has not been settled, the Chief Xxxxxxx or his representative must present the grievance in writing to the Regional Manager or his nominee within five (5) days after he has received or ought to have received the written reply of the Terminal Manager or his nominee. Section 10.3 Following presentation of the grievance at this Step the Regional Manager shall arrange a meeting with the Grievance Committee during their regular working hours on Company property, or respond in writing at his option, not later than seven (7) days after he has received, or ought to her/himhave received, the grievance. No individual employee may adjust, settle or withdraw a formal Grievance presented on his behalf by the Union. The Union retains sole authority to adjust, settle or withdraw formal grievances. Section 10.4 In the event the matter has not been settled, either Party may, within fifteen (15) working days following the aforesaid meeting or written reply, refer the matter to arbitration by giving the other Party a written notice of its intention to proceed, and this Notice will state the specific matter to be dealt with at arbitration, and the specific relief sought by the Party. The parties maywill seek to agree on an arbitrator to hear the matter. The parties shall make a good faith effort to agree upon an arbitrator. Either Party may make a written request to the Minister to appoint an Arbitrator, if they so desirehowever, meet both the union and the employer agree and commit to discuss making a good faith effort to agree to an arbitrator prior to applying to the grievance Minister for an appointment. Section 10.5 The Arbitrator will be appointed within a reasonable period of time of written notification. The cost of use of an arbitrator including room rental and disbursements will be shared equally by both Parties. On a case-by-case basis, the Company will seriously consider having grievances with common issues heard together before a single arbitrator. Section 10.6 The Arbitrator will consider forthwith and determine the matters at a time issue which have been submitted to him for disposal, and place suitable to both parties. If the decision of the Arbitrator shall be final and binding on all Parties concerned. Section 10.7 No person shall be appointed as an Arbitrator who has been involved in any matter concerning industrial relations between the Company and the Union, save as an Arbitrator, or who has acted as a paid agent, attorney or solicitor for either Party. Section 10.8 No matter will be submitted to an Arbitrator or Board of Arbitration which has not been properly carried through the previous Steps of the Grievance Procedure in accordance with this Agreement. Section 10.9 The Arbitrator will not make any decision inconsistent with this Agreement, nor alter or amend any part of this Agreement. Section 10.10 When an employee has been found to have been unjustly dealt with, the Arbitrator will have the power to order reinstatement with or without compensation as he sees fit. Section 10.11 Arbitration hearings will be open to all members of the bargaining unit whom the Union requires present. Attendance at arbitration hearings is unsatisfactorysubject to prior authorization from the Company if during working hours and to any exclusion orders that may be made by the arbitrator. Company authorization will not be unreasonably refused. Section 10.12 In the event that either the Company or the Union wishes to present a policy Grievance alleging a violation of this Agreement, then the such grievance may must be presented in the following manner: Within ten writing within seven (107) working days after the decision is given at Step Nooccurrence of the matter or matters complained of. 1If the Union files such a Grievance, it shall be done by the aggrieved employee, and/or Chief Xxxxxxx submitting a statement of the claim to the Terminal Manager who shall answer same in writing within four (4) working days and the other Steps of the Grievance Committee Procedure as outlined above will then apply. If the Company files such a Grievance, it shall meet with a committee appointed be done by the Board of Directors Terminal Manager submitting a written statement of the Manor grievance to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative Chief Xxxxxxx of the Union. The decision Chief Xxxxxxx shall answer the Grievance in writing within four (4) working days and if the matter is not settled, there will be a meeting between the Union Grievance Committee and Management within seven (7) working days after the Chief Xxxxxxx has submitted his answer. The referral of any matter to arbitration shall then follow the other terms set forth in this Agreement. Section 10.13 All time limits specified for the Grievance and Arbitration Procedures may be extended by mutual agreement only, confirmed in writing. In particular, it is recognizes that when a person who is involved in the adjustment or settlement of a Grievance is not available due to absence from his home Terminal, or when it is necessary to transfer grievance documents from one Terminal to another, then the Parties shall cooperate to provide a reasonable extension of a specified time limit for the presentation, processing, or discussion of a grievance. Any reasonable request by either the Company or the Union for an extension of time will not be refused. Section 10.14 Grievances involving wages or other monies settled in favour of the committee of the Board of Directors employee will be rendered in writing to the Labour Relations Officer and the bargaining unit representative paid within ten (10) working calendar days following such a meetingof settlement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 14.01 The parties to this Agreement are agreed that it is of the utmost importance to address and resolve grievances as quickly as possible. 14.02 Time limits for all steps of the entire grievance and arbitration procedure may be extended in writing by mutual consent. 14.03 For the purpose of the grievance and arbitration procedures, "working days" shall be Monday to Friday inclusive, but exclusive of designated holidays. 14.04 A committee of not more than three (3) officers of the Union has shall be designated by the President of Local 79 and shall constitute a committee hereinafter called the Local 79 Grievance Committee, to deal with a grievance in accordance with this Article. 14.05 The City acknowledges the right of Local 79 to lodge appoint or otherwise select stewards and officers and, in this regard, Local 79 acknowledges and agrees that Stewards and Officers of Local 79 have regular duties to perform as employees of the City and that such employees will not leave their regular duties to assist employees in respect of matters arising under this Article without obtaining the permission of their General Manager or someone designated by him/her and will similarly report upon returning to their regular duties. Such permission shall not be unreasonably denied. Time spent during an employee’s regular working hours pursuant to this Article shall be without loss of pay. (a) Local 79 will supply the City with a grievance with respect list of all of its Stewards and Officers and the work area he/she represents, as soon as they are elected/appointed, and thereafter will notify the City in writing of any changes. In the event that a Xxxxxxx or Officer is permanently transferred by the City, from the work area that he/she would normally represent, the City will notify Local 79 as soon as practicable. (b) It is understood and agreed that Stewards and Officers under this Agreement, the Full-Time Unit, Part-Time Unit B, and the Long Term Care Homes and Services Part-Time Unit Collective Agreements are interchangeable. 14.07 Where a difference arises between the parties relating to any matter arising out of the interpretation, application or alleged violation administration of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stageany question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, a nurse is entitled such difference or allegation, being hereinafter referred to be represented by her/his union representative. In the case of suspension or dischargeas “The Dispute” in Step One and thereafter as “The Grievance”, the Employer following grievance procedure 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.apply;

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge a SECTION 1. A grievance with respect to is defined as any matter arising out of dispute involving the interpretation, application application, or alleged violation violations of any provisions of this agreement. SECTION 2. In the settlement of a grievance under the terms of this Agreement, the following procedure shall be observed: a. The grievance shall be taken in writing to the employee’s immediate supervisor within ten (10) workdays after notification of the written reprimand suspension, demotion or termination by the aggrieved employee and Union xxxxxxx. All grievances signed by the grieved party and filed by the Union. The supervisor will render a decision within ten (10) work days in writing to the grievant and Union xxxxxxx. A copy of the grievance response will be mailed, faxed or e-mailed to the Union’s Local office within this (10) workday period. In cases of termination, the grievant may proceed directly to step (d) of this procedure within (10) workdays from the employee’s receipt of termination notice. b. Should the grievance not be resolved, the grievance must be forwarded to the Director of Wichita Transit by the Union xxxxxxx within ten (10) workdays from the date of receipt of the decision of the supervisor. The Director of Wichita Transit will render a decision within ten (10) workdays in writing to the grievant and Union xxxxxxx. A copy of the grievance response will be mailed, faxed or e-mailed to Union’s Local office within this ten (10) workday period. c. Should the grievance not be resolved by the Director of Wichita Transit, the employee may within ten (10) workdays of the completion of step (b), put the grievance in the form of a signed letter and send it to the Employee Relations Officer. The Employee Relations Officer shall require of the Director of Wichita Transit a letter to the Employee Relations Officer setting forth specific reason for the decision made. The letter must be submitted to the Employee Relations Officer within ten (10) workdays. d. The Employee Relations Officer shall within ten (10) workdays after receipt of letter from the employee, contact the Local Union, the employee, and all supervisory personnel concerned and attempt to resolve the grievance. The written results of the findings of the Employee Relations Officer will be given to the employee, the Local Union and the Human Resource Director within fifteen (15) workdays of the receipt of the employee’s original letter. Upon verbal request of the ERO a five (5) days extension of the time limit may be granted. A copy of the ERO’s grievance response will be mailed, faxed or e-mailed to the Local Union within this fifteen (15) workday period. SECTION 3. The Union agrees that neither party will unreasonably delay the processing of such cases and all cases will be heard within 30 days unless mutually agreed to by the Union and City. SECTION 4. If a mutually satisfactory resolution is not reached, either of the parties may demand arbitration within ten (10) days of the time the latest decision was received above. If no settlement is reached and no demand for arbitration made within this period, the grievances shall be forever barred and extinguished. SECTION 5. Saturdays, Sundays and holidays shall be excluded in calculating the time limits herein specified. SECTION 6. In the event the Union or City has demanded that a grievance be submitted to arbitration as herein provided, the parties shall, within fifteen (15) days of the demand for arbitration, jointly and in writing, petition the Federal Mediation and Conciliation Service to submit a list of the names of five (5) competent and available arbitrators, from which the parties shall select the impartial arbitrator. Within ten (10) days after receiving such a list the President of the Union and an official of the City or their respective designees shall alternately strike one name from said list, until only one (1) name remains, and the person whose name remains on said list shall become the impartial arbitrator. The order of striking names shall be determined by a toss of a coin. In the event that the remaining name is not mutually acceptable to both parties, then this name shall be set aside and a new list shall be requested. SECTION 7. If it is necessary to appoint a successor for the impartial arbitrator, such successor shall be selected in the same manner as the original impartial arbitrator was selected. Any successor arbitrator shall act with the same power and authority as though originally appointed. SECTION 8. The Board of Arbitration shall meet at such time as may be mutually agreed upon between the parties and shall continue to meet until all of the evidence and arguments have been received and heard. The Board of Arbitration shall establish its own rules of procedure not inconsistent with the terms of this Agreement. 8.02 At SECTION 9. The arbitrator selected in accordance with this Article shall have jurisdiction only to interpret, apply, or determine compliance with the time formal discipline express provisions of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms and provisions of this Agreement and shall consider and render decisions upon only such issues as are directly raised by the written grievance taken to arbitration, which grievance shall not in any way be changed or amended after it is imposed or at any stage presented in accordance with the provisions of this article. The arbitrator may interpret the express provisions of this Agreement, only insofar as it is necessary to the determination of the grievance procedureat issue. SECTION 10. The recommendation of the arbitrator shall be delivered to the City Manager and Union in writing. The arbitrator shall recommend no award outside the scope of his authority outlined in Section 9 of this article, including or effecting a change, modification, or addition to this Agreement and shall confine himself strictly to the complaint stagefacts submitted at the hearing, a nurse is entitled the evidence and stipulations before him and the express terms and provisions of this Agreement. SECTION 11. The fees and expenses of the impartial arbitrator, as well as other expenses incidental to the arbitration, shall be represented borne equally by her/his union representativethe City and the Union, however each party shall be responsible for compensating its own representatives and witnesses and its costs incurred in presenting its case to the arbitrator. SECTION 12. In the case course of suspension or dischargean investigation, the Employer shall notify the nurse any statements given by employees regarding other employees must be given freely and without threat of this right in advanceretaliation. SECTION 13. 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 City Manager shall render her/his a 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 meetingafter receipt of the Arbitrator’s recommendation and the decision of the City Manager is final and binding. In the event the City Manager reverses the recommendations of the Arbitrator, the reasons and findings will be provided to the grievant in writing.

Appears in 2 contracts

Samples: Memorandum of Agreement, Memorandum of Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee Section 17.1. Should differences arise between the Company and its employees (either individually or collectively) as to the Union has the right to lodge a grievance with respect to any matter arising out meaning and application of the interpretation, application or alleged violation provisions of this Agreement. 8.02 At Agreement or should differences arise about matters not specifically mentioned in this Agreement having to do with wages, hours, or conditions of employment, an xxxxxxx effort shall be made to settle any such differences at the earliest possible time formal discipline is imposed or at any stage by use of the following procedure: STEP 1: The aggrieved employee shall present his grievance procedureto his Supervisor with a Council Representative present, including and the complaint stage, a nurse is entitled grievance shall be answered by the Supervisor before the end of the second working day following the day on which the grievance was presented 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 advanceSupervisor. 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 grievance must 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 presented within fifteen ten (1510) working days after of 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 event resulting 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 subject of the grievance is given at Step No. 1, known to the aggrieved employee, and/or or shall not be considered. STEP 2: If the grievance is not adjusted satisfactorily in Step 1 of the Grievance Committee Procedure, it shall be reduced to writing, signed by the employee and/or Council Representative, and presented to the Senior Manager or his designate. Said Management shall meet with the Council Representative at a committee appointed time mutually agreed upon, but in no event later than five (5) working days after receipt of such written grievance. Management’s written answer shall be given within two (2) working days following the meeting in which the limit may be extended by mutual agreement between the Board of Directors parties. Both the Company and the Union may have additional parties participate in meetings at this step of the Manor Grievance Procedure, and it is understood that such persons shall have reasonable access to consider the plant for the purpose of discussing the grievance. At this stage . STEP 3: If the employee and/or grievance is not satisfactorily settled, the Grievance Committee Union may be accompanied by a representative of move the Union. The decision of the committee of the Board of Directors will be rendered in writing grievance to the Labour Relations Officer and the bargaining unit representative Step 3 within ten (10) working days of receipt of the Company’s written Step STEP 4: Grievances not satisfactorily settled in Step 3 may be appealed to an impartial arbitrator. If the Union or the Company desires to arbitrate a grievance, they shall notify the other party in writing to that effect within thirty (30) calendar days following such receipt of the Company’s written Step 3 response. The parties will attempt to agree on an arbitrator. If the parties cannot agree upon an arbitrator, the grieving party will request a meeting.list of seven (7) arbitrators from the Federal Mediation and

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee PURPOSE 27.01 The purpose of this procedure is to secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures will be kept as informal as may be appropriate at any step of the procedure. DEFINITIONS 27.02 A "grievance" is a claim by any teacher, group of teachers, the Teachers or the Union has the right Board, relating to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation administration of this Agreementagreement, or is an allegation that this agreement has been contravened. PROCEDURE (a) Step One: A teacher having a grievance may, provided it is done with reasonable promptness, discuss such grievance with the Superintendent of Education, Human Resources or designate. The Superintendent or delegate shall meet within ten (10) days of receipt of the written grievance and shall give a written reply to the teacher within five (5) days after such discussion. The teacher may be accompanied by the TECT President or designate of OECTA. 8.02 At (b) Step Two: If the time formal discipline grievance is imposed not satisfactorily disposed of at Step One, the Unit President, or designate, may on behalf of the aggrieved teacher, within ten (10) days after the written reply at any stage Step One has been or should have been given, deliver the grievance in writing to the Director of Education. The Unit President, or designate, and the aggrieved teacher may meet with the Director or designate within five (5) days of receipt by the Director of Education. The Unit President or designate and the aggrieved teacher may make representation regarding the grievance. The Director of Education or designate shall, within five (5) days after the said meeting, deliver to the Unit President the written reply of the Board to the grievance. It is further understood and agreed that a grievance pertaining to the dismissal of a teacher with permanent status shall be initiated at Step Two of the grievance procedure. (c) If the matter is not resolved at Step Two, including the complaint stagegrievance may be referred to arbitration. DIRECT GRIEVANCES AND GROUP GRIEVANCES 27.04 Any grievance arising directly between the Board and the Teachers or any grievance involving more than one teacher, instead of following the procedure herein before set out, may be submitted in writing within a nurse is entitled reasonable period by either of the parties hereto to be represented by her/his union representativethe other. The parties agree to meet without delay in an attempt to settle the grievance. 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 event that the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union has no are unable to settle such 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 submission of same, then the circumstances giving rise party to it have occurredwhom the grievance was delivered shall reply in writing to such grievance within a further five (5) days. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) working days, it shall then DISCHARGE GRIEVANCE 27.05 A claim by a teacher that the teacher has been unjustly discharged will be taken up treated as a grievance within nine (9) working days in the following manner and sequence: The Union may present the if a written statement of such grievance to the Administrator, or her/his designate, who shall render her/his decision is lodged at Step 2 within five (5) working days after the presentation of the discharge. ARBITRATION 27.06 In the event that any grievance shall not have been satisfactorily settled pursuant 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. 1foregoing provisions, the aggrieved employeematter may then, 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 notice in writing given to the Labour Relations Officer and the bargaining unit representative other party within ten (10) working days following after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either by the Teachers or the Board to arbitration. 27.07 The notice submitting to arbitration shall contain the name of the nominee to the arbitration board of the party making the submission. The recipient of the notice shall within ten (10) days of receipt of the notice, inform the other party in writing of the name of its nominee to the arbitration board. The two (2) nominees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairperson. If the recipient of the notice fails to appoint a nominee, or if the two (2) nominees fail to agree upon a chairperson within the time limit, then the request for the appointment of an arbitrator or a nominee may be made to the Minister of Labour as provided by the Ontario Labour Relations Act. No person may be appointed to the arbitration board who has participated directly in an attempt to settle the grievance. 27.08 The arbitration board shall hear and decide the grievance and shall issue its decision in writing and the decision shall be final and binding upon the parties and any teacher affected by it. The decision of a majority of the arbitration board is the decision of the arbitration board, but if there is no majority, the decision of the chairperson governs. In any grievance, including any arising out of any reprimand, suspension or demotion or the loss of any remuneration or benefits, the board of arbitration shall have the power to direct payment of compensation, vary the penalty or reinstate a benefit, including retroactivity thereof, as such board may determine to be appropriate. 27.09 Notwithstanding section 27.08, the arbitration board established as above shall decide the grievance submitted to it, any related questions, including any questions as to whether a meetingmatter is arbitrable, but shall have no power to alter, modify or amend this agreement, nor make any decision inconsistent therewith. 27.10 Each party shall pay the cost of its own nominees to the arbitration board and the parties shall share equally the cost of the chairperson. 27.11 Each party may be represented at the arbitration by the representative of its choice. 27.12 Unless otherwise specifically provided any notice required to be sent herein may be sent by prepaid registered or certified mail to the parties at their respective mailing addresses. 27.13 The term "days" when used in this Article shall mean Monday to Friday inclusive through the year including July and August, but excluding school holidays. 27.14 Any time limits fixed by this Article for the taking of action by either party or by any teacher may at any time be extended by agreement of the representatives of the parties involved. EXPEDITED ARBITRATION OPTION 27.15 Notwithstanding Section 27.07, the parties may mutually agree to appoint a single arbitrator to resolve any such grievance within the provisions of this Article herein.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her immediate supervisor and the right matter has not been resolved within five (5) days of the request to lodge a meet. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted. 10.02 A formal grievance with respect to any matter arising out of is defined as an alleged difference over the interpretation, application application, administration or alleged violation of this Agreement. 8.02 At Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the time formal discipline is imposed or at any stage grievance, the redress sought, an indication 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 article(s) 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 Collective Agreement and must be filed within ten (10) days 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 occurredthe grievance. 10.03 The following shall be the procedure for handling and processing grievances submitted by the Nurse. This discussion The Nurse 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 submit a grievance within nine (9) working days in the following manner and sequence: The Union may present the grievance writing to the Administrator, or her/his designate, her immediate supervisor who shall render her/his give her decision in writing within five (5) working days after the presentation of receipt 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 partiesgrievance. If the decision grievance is unsatisfactory, then the grievance may be presented in the following manner: Within ten (10) working days after the decision is given not satisfactorily resolved at Step No. #1, the aggrieved employee, and/or Nurse may submit the Grievance Committee shall meet with a committee appointed by written grievance to the Board of Directors of Nursing Manager within five (5) days following the Manor to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Uniondecision in Step #1. The Nursing Manager shall give her 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 of receipt of the grievance. If the grievance is not satisfactorily resolved in Step #2, the employee may submit the written grievance to the Executive Director or her designate within five (5) days following the decision in Step #2. A meeting will be held between the Employer and the grievance committee within ten (10) days of the referral. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such a counsel and assistance as it may desire at the meeting. The Employer’s written decision will be delivered within five (5) days of the meeting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee §1. In the event that any difference or dispute should arise between the Union has City and the right to lodge a grievance with respect to any matter arising out Union, or its members employed by the City, over the application and interpretation of the interpretation, application or alleged violation terms 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 an xxxxxxx effort shall be made 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 advancesettle such differences immediately. 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 must be presented in writing within five workings days of its occurrence or employee’s reasonable knowledge thereof in quadruplicate to the following mannerUnion representative, who in turn shall forthwith file one copy with the Business Administrator, one copy with the Department Head, and one copy with the Immediate Supervisor of the aggrieved employee. Step 1: Within ten (10) working days after the decision is given at Step No. 1, Between the aggrieved employee, and/or with or without his/her Xxxxxxx, and his/her Supervisor. If no satisfactory agreement is reached within three working days, the Grievance Committee shall meet with a committee appointed by the Board of Directors of the Manor to consider Union may submit the grievance, in writing, to the second step within five working days from the verbal answer. Step 2: Between the aggrieved employee, Shop Xxxxxxx, Division Head and Supervisor. If no satisfactory agreement is reached within five working days, the Union may submit the grievance, in writing, to the third step, within five working days from the second step answer. Step 3: Between Union Officials, Shop Xxxxxxx, Grievant, Department Head and other City officials. At this stage the employee and/or the Grievance Committee step, an International Representative may be accompanied present. If no satisfactory agreement is reached within 10 working days, the matter may be referred to arbitration by a representative the City or Union within 30 days of the Unionthird step written answer. §2. Either party may request PERC to submit a list of arbitrators from which the parties may select an arbitrator. The arbitrator shall be limited to the issues presented, and shall have no power to add to, subtract from or modify any of the terms of this Agreement, or to establish or change any wage rate except in the case of wage and fringe reopener. The decision shall be final and binding. Any fees or administrative charges for the arbitrator shall be borne equally by the parties. The City and the Union specifically agree that grievance matters shall proceed to arbitration only if submitted by the City or Local Union 210. §3. Unless extended by mutual agreement in writing, the failure to observe time limits herein shall constitute abandonment of the committee grievance, and settlement on the basis of the Board last City answer. §4. It is specifically understood and agreed that arbitration shall not be obtainable as a matter of Directors will right if the grievance: a. involves the existence of alleged violation of any agreement other than the present agreement between the parties; b. would require an arbitrator to rule on, consider or change the appropriate hourly, salary or incentive rate set forth in Exhibit “B”, by which an employee shall be rendered paid, or the method by which his/her pay shall be determined; c. would require an arbitrator to consider, rule on or decide any of the following: i. the elements of a job assignment; ii. the level, title or other designation of an employee’s job classification; iii. the right of Management to assign or reassign work. iv. pertains in writing any way to the Labour Relations Officer establishment or administration of insurance, pension savings or other benefit plans in which employees are entitled to participate; v. the right of Management to determine and assign shift hours, except as limited by this Agreement; vi. involves discipline and discharge of employees who have not yet completed the bargaining unit representative within ten (10) working days following such a meetingdesignated probationary period; vii. involves violations of State laws and regulations.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee This Article establishes the exclusive procedure for the processing and settlement of grievances. All grievances shall be processed solely in accordance with the procedures set forth in this Article. A grievance is defined as any dispute or the Union has the right to lodge a grievance with respect to any matter claim arising out of or relating to disciplinary action or the interpretation, interpretation or application or alleged violation of this Agreement. 8.02 At agreement. The parties agree to encourage discussions between employees and supervisors prior to implementing the official steps as outlined in this Article. The parties agree that legal counsel shall not attend grievance hearings, except during arbitration proceedings as outlined in Step Three and in Step 2 meetings regarding discipline for criminal acts and discharge cases. When employees are required to attend a grievance hearing as a grievant, University witness, or Union representative, they will only be paid for the time formal discipline spent in attending grievance hearings when such time coincides with their regularly scheduled working hours. When a grievance is imposed filed by more than one employee, the grievance will identify one of those employees who shall represent the class of grievance at each step of the grievance procedure. Neither party shall be responsible for the expense of witnesses called by the other party, including lost work time. The parties agree that grievance and arbitration hearings will be scheduled and conducted in a manner designed to minimize disruption to the department. "Working day" within the meaning of this Article is defined as Monday through Friday, excluding all paid holidays. Whenever the University fails to meet the time limits required in this Article, the grievance at issue may be appealed to the next step. Whenever the Union or grievant fails to meet the time limits required in this Article, the grievance shall be regarded as withdrawn on the basis of the University's last response or position. Initial steps and time limits of this Article may be waived by mutual written agreement, of the Union and the University. It is understood that any resolution reached in the Informal Process or Step One is non- precedence setting. A grievance may be withdrawn at any stage the Informal Step, Step One or Step Two without precedent. No employee shall be discriminated against for participating in the grievance procedure . A Union representative must be present at all other steps except the Informal Step of the grievance procedure. At each step of the grievance procedure, including each party shall present the complaint stage, a nurse is entitled facts and documents known to the party at the time to support its position on the grievance. Additional information requested by either party in writing shall be represented by her/his union representative. In provided in keeping with applicable labor law prior to the case next step of suspension or discharge, the Employer shall notify the nurse of this right in advancegrievance procedure. The Employer also agrees, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent steps of the grievance procedure shall be: The parties that complaints agree to use their best efforts to encourage informal and prompt resolution of employees shall be adjusted as quickly as possible, and it grievances. The grievant is understood that required to raise 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 issue with the Director supervisor with responsibility and/or oversight for the grievant's area of Care within fifteen (15) working days work as soon as possible after the circumstances event 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., but no later than five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge For purposes of this Agreement, a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitrable. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union her nurse representative. In the case of suspension or discharge, the Employer Hospital 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 mutual desire of the parties hereto that complaints of employees nurses shall be adjusted as quickly as possible, and it is understood that the Union a nurse has no grievance concerning an individual nurse until she has first given her immediate supervisor the Director of Care or her/his designate has been given an opportunity of adjusting the her complaint. Such complaint shall be discussed with the Director of Care her immediate supervisor within fifteen nine (159) working calendar days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice occurred or ought reasonably to have come to the attention of the nurse and assistance from others. If there is no failing settlement within nine (9) working days, it shall then be taken up as a grievance within nine (9) working calendar days following advice of her immediate supervisor’s decision in the following manner and sequence: The Union nurse may present submit a written grievance, signed by the nurse, to her immediate supervisor. The grievance shall be in writing and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her: Failing settlement, then: Within nine (9) calendar days following the decision under Step No. 1, the nurse may submit the written grievance to the Administrator, Director of Nursing or her/his designate, her designate who shall render her/his will deliver her decision in writing within five nine (59) working calendar days after from the presentation of date on which the written grievance was presented 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 Failing settlement, then: Within nine (9) calendar days following the decision is unsatisfactoryin Step No. 2, then the grievance may be presented submitted in writing to the following manner: Within ten (10) working days after Chief Executive Officer or her designate. A meeting will then be held between the decision is given at Step No. 1, the aggrieved employee, and/or Chief Executive Officer or her designate and the Grievance Committee shall meet with a committee appointed by the Board of Directors within nine (9) calendar days of the Manor to consider submission of the grievancegrievance at step No. At this stage 3 unless extended by agreement of the employee and/or the Grievance Committee may be accompanied by parties. It is understood and agreed that a representative of the UnionOntario Federation of Health Care Workers and the grievor may be present at the meeting. It is further understood that the Hospital’s Chief Executive Officer or her designate may have such counsel and assistance as she may desire at such meetings. The decision of the committee Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 8.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Board Agreement shall be originated at Step No. 3 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Local President or her designate. 8.05 Where a number of Directors nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of the Article shall then apply with respect to the processing of such grievance. 8.06 The parties agree that there shall be a tower standard of just cause for the discipline or discharge of employees during their probationary period, given the purpose of the probationary period. A claim by a nurse that she has been unjustly discharged or disciplined shall be treated as a grievance if a written statement of such grievance is lodged by the nurse with the Hospital at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Hospital’s action in dismissing the nurse; or (b) reinstating the nurse with or without loss of seniority and with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven (7) calendar days to the affected nurse in the case of discharge or discipline and further agrees that it will not suspend, discharge or otherwise discipline a nurse without just cause. 8.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. 3, it will be rendered deemed to have been received within the time limits. 8.08 All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the nurses. 8.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such procedure. The two nominees shall attempt to select by agreement a chair of the Arbitration Board. If they are unable to agree upon such a chair within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chair. 8.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 8.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to after, modify, add to or amend any part of this Agreement. 8.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the chair will be final and binding upon the parties hereto and the nurse or nurses concerned. 8.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chair of the Arbitration Board. 8.15 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to the Arbitration Board shall appropriately apply. 8.16 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned, subject only to the provisions of Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meetingAct, 1995, s.o.1995, s 48(16).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 (a) The parties to this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. (b) No grievance shall be considered where the circumstances giving rise to it occurred more than 21 calendar days before the filing of the grievance. (c) The aggrieved employee, who may be accompanied by a Union representative, shall present his/her grievance to his/her immediate supervisor who shall have five working days to adjust any complaint which has arisen. If, within that time no agreement is reached, the matter may be submitted to the Joint Standing Committee in accordance with the provisions of this section. (d) Any employee grievance must be presented to the Joint Standing Committee in writing, setting forth the grounds for the complaint and the provision or provisions of the collective agreement which are alleged to have been violated, together with the remedy sought. (e) A Joint Standing Committee consisting of two representatives of Management and two representatives of the Union shall be designated. To this Committee shall be referred by either party to this agreement, all questions which may arise as to the interpretation, application, or alleged violation of any clause of this Agreement. Such Joint Standing Committee shall meet within five working days after any questions or differences have been referred to it, and shall render a decision within ten days and such decision shall be binding upon both parties. (f) If the Joint Standing Committee cannot reach an agreement on the question or difference referred to it, at the request of either party hereto, within twenty (20) working days the matter may be referred to arbitration. The party making the request shall do so in writing, suggesting its nominee to an Arbitration Board or nominee as a single arbitrator. In general, it is intended that grievances be submitted to a single arbitrator; in any instance in which a party has applied for expedited arbitration under the Labour Relations Act, the other party may elect to submit the grievance to an Arbitration Board or a sole arbitrator in which case the other party shall comply and give up the right to lodge expedite that arbitration. Within five (5) working days thereafter, the other party shall notify the party requesting arbitration as to its acceptance or rejection of the proposed arbitrator, or in the case of an arbitration board, its nominee to the board. (g) Grievances will be processed as quickly as possible but at a time and in a manner which will not unduly disrupt the operations of the publisher. (h) If no written request for arbitration is received within 20 working days after the decision of the Joint Standing Committee is given, the grievance shall be deemed to have been settled. (i) Time limits set out in this section may be extended, in writing, by mutual agreement. (j) The single arbitrator or arbitration board shall not have the power to alter or change any of the provisions of this Agreement, nor to give any decision inconsistent with the terms or provisions of this Agreement. (k) The Union shall have the right to file a grievance based on a difference directly with respect to any matter the Employer arising out of the Agreement concerning the interpretation, application application, administration or alleged contravention of the Agreement. (l) The decision of the arbitrator or the majority of an arbitration board will be final and binding upon the Employer, the Union and the employees. (m) Each of the parties to this Agreement shall pay the cost of the arbitrator appointed by it, and the parties shall each pay one-half the cost of the Chairperson. (n) For the purpose of this Agreement, "grievance" means a complaint arising from the interpretation, application, administration 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Section 6.1 In this Article a grievance shall consist only of a dispute concerning interpretation and application of any clause of this Agreement, alleged violations of this Agreement and alleged discrimination against any employee contrary to the terms of this Agreement. If any question arises as to whether a particular dispute is or is not a valid grievance within the provision of this Agreement, such question may be taken up through the grievance procedure and determined, if necessary by arbitration. At all times, there shall be an honest effort on the part of both parties to settle any grievances promptly through implementing the following steps: (a) Any employee who feels he or she has a justifiable complaint must discuss the complaint with the Office Manager no later than forty eight (48) hours (Saturday, Sunday and Statutory Holidays excepted) from the time the act complained of did occur. The employee may be accompanied by his or her xxxxxxx if he or she wishes. The Office Manager shall give his or her answer to the complaint within forty eight (48) hours (Saturday, Sunday and Statutory Holidays excepted) from the time the discussion took place. (b) If a grievance is not settled after implementing step (a) above, it shall be referred to the General Manager or his or her designate of the Company within fourteen (14) calendar days from the date the grievance was presented in writing to the General Manager. (c) Should the parties fail to reach a satisfactory settlement in the preceding steps of the Grievance Procedure, the final settlement of the grievance can be submitted to a Board of Arbitration. Section 6.2 During any of the above outlined steps of the Grievance Procedure, the Xxxxxxx or appropriate management representative may request the presence of the Union Business Agent or the duly accredited official of the Union to assist in discussing settlement of any dispute. Section 6.3 Should the parties fail to reach a satisfactory settlement in the preceding steps, it shall be the responsibility of the party desiring to effect arbitration to inform the other party in writing not later than seven (7) days from the last discussion on the grievance with the union and the General Manager (or his designate). The party referring the matter to arbitration shall include in its notice the names of three (3) impartial arbitrators. The other party may accept one of the arbitrators or propose three alternates. This process shall continue until they mutually agree. Should the parties fail to appoint the One Man Board of Arbitration within thirty (30) days after this date, either party shall request the Minister of Labour to make the appropriate appointment. Section 6.4 The Board of Arbitration shall not have the right to alter or change any provisions of this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. It is understood, however, that in the event a matter is properly arbitrable, the Board of Arbitration may render any decision it deems just so as to effect a binding and final solution to any dispute. Section 6.5 The parties hereto will equally bear the expense of fees of their appointee to the Board. Section 6.6 Both parties to this Agreement agree it is in the interest of both parties to make all reasonable effort to eliminate grievance problems with the least possible delay. Section 6.7 The Company shall pay a xxxxxxx his/her regular rate of pay for time spent processing pending grievances or grievances when processed with the Company on the Company property or at any other place, which is mutually agreed upon by both the Union and the Company. In no case will a xxxxxxx be paid premium rate for the processing of grievances. Section 6.8 It is understood that management has the right to lodge present 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 Union in the bargaining unit representative within ten (10) working days following such event it alleges a meetingviolation of the Agreement by the Union, its agents, or representatives or any of the employees covered by this Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (A) All disputes relating to the interpretation or performance of this Agreement which may arise between the parties to this Agreement shall be determined by a Licensed Personnel Board (hereinafter referred to as the Board) consisting of two (2) persons appointed by the Union and two (2) persons appointed by the Company . The Parties shall submit any such dispute for decision by the Board and they agree to be bound by the decision of a majority thereof. The Board shall agree to such rules of procedure as it may deem necessary. In the event no settlement is reached by the Board, the issue may be referred to the Arbitrator by either Party for arbitration. The cost of the arbitration shall be borne equally by the Union and the Company. Unless some other place is mutually agreed upon, the Board shall meet in New York promptly upon the written notice from either the Union or the Company. The Union and the Company may appoint alternates to act in place of the regular members of the Board. (B) An Arbitrator shall be chosen from a list of seven (7) Arbitrators supplied by the American Arbitration Association from its roster of labor Arbitrators who have had experience with maritime unions. If the parties cannot agree on an Arbitrator, they shall alternately strike one name at a time, and the last remaining person shall be the Arbitrator. The order of striking shall be determined by a coin toss. During the fifteen (15) days before each anniversary date of this Agreement, either the Company or the Union has shall have the unrestricted right to lodge terminate the ap- pointment of the Arbitrator. The parties agree that all questions as to whether a dispute is arbitrable shall be submitted to and decided by the Arbitrator; provided, however, the Arbitrator shall be without authority to amend the terms of the Collective Bargaining Agreement. The parties agree that all questions concerning the interpretation of an award made by the Arbitrator shall be re-submitted to the Arbitrator for a decision. (C) The Arbitrator will serve as Chairman of any meeting of the Board without vote. If said Board resolves any grievance, either by a majority vote or by mutual agreement, said grievance shall be deemed settled, and the decision shall be final and binding. (D) In the absence of such final disposition by the Board, the Arbitrator will then have jurisdiction of the case to render a decision as Arbitrator. Either party may request a further opportunity to present additional evidence for the purpose of the arbi- tration proceedings. In the absence of any such request or if the Arbitrator should deny such request, he will proceed to issue an award without the need of any further hear- ings. (E) Either party may have the right, by telegraphic notice to the other party and to the Arbitrator, to request a convening of the Board to consider a grievance the nature of which requires immediate disposition. In such event the Board shall meet as expeditiously as possible but in no event later than twenty-four (24) hours after receipt of said notice. In such case the award of the Board and, where a deadlock of the Board occurs, the Arbitrator, if requested by the aggrieved party, shall issue his decision forthwith and in no event later than five (5) hours after the conclusion of the hearing. In addition, the aggrieved party may agree to waive this time limitation with respect to any matter arising out all or part of the interpretationrelief requested. The award of the Arbitrator shall be in writing and may be issued with or without an opinion. If any party desires an opinion, application or alleged violation one shall be issued, but its issuance shall not delay compliance with and enforcement of this Agreementthe Award. 8.02 At (F) The failure of any party to attend an arbitration hearing as scheduled by the time formal discipline Arbitrator shall not delay said arbitration and the Arbitrator is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled authorized 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, proceed to take evidence and to issue an award as a good labour relations practice, it will also notify the Bargaining Unitthough such party were present. 8.03 (G) It is the intent desire and purpose of the parties that complaints all grievances, available for Board or Arbitration, be disposed of employees shall be adjusted as quickly promptly and expeditiously 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.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any DEFINITION: A grievance is a difference of opinion between an employee or a group of employees, or between the Union has County and the right to lodge a grievance Association with respect to the meaning, interpretation or application of any matter arising out of the interpretation, application term or alleged violation terms of this Agreement. 8.02 At A. The parties agree that an orderly and expeditious resolution of grievances is desirable. A grievance shall constitute an allegation that there has been a violation, misinterpretation, or misapplication of any of the provisions of this Agreement. B. It is recognized by the Association that the Employer has and will continue to retain the rights and responsibilities to operate and manage its programs, facilities, properties, and work activities of its employees pursuant to the provision. C. The purpose of this procedure is to secure, at the earliest possible level, equitable solutions to the problems which may from time formal discipline is imposed or to time arise under this Agreement. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any stage level of this procedure. D. The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The failure of an employee or the Association to act on any grievance within the prescribed time limits shall constitute a waiver of the alleged grievance procedureand will act as a bar to further appeal. An Administrator's failure to give a decision within the prescribed time limit shall permit the grievant to proceed to the next step, 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 advancewithout prejudice. The Employer also agrees, as time limits may be extended by mutual agreement but may not be unreasonably delayed. For the purpose of Article 3 only a good labour relations practice, it will also notify the Bargaining Unit“working day” is consecutive days excluding weekends and holidays. 8.03 E. It is agreed that any investigation or discussion preparatory to the intent filing of any grievance of the grieving employee or his/her representative shall be conducted on off duty time so as to result in no interference with or interruption of the duties and related work activities of the grieving employee or of any other employee. However, any informal discussion, meetings or hearings required after the filing of such grievances may be conducted with approval of the Sheriff or his designee during the working hours of the parties that complaints of employees shall involved. F. All grievances must 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 presented in writing within fifteen ten (1510) working days after the circumstances date of occurrence of the event giving rise to it have occurred. This discussion may include consultation, advice the grievance. G. Employees under Civil Service and assistance from othersfor issues exclusivelycovered by the Civil Service Act. If there is no settlement within nine (9) working days, it shall then be taken up as a grievance is not settled in Step 1, the employee shall proceed with the provisions outlined under Chapter 341-A, Code of Iowa, as amended and such issue shall not thereafter be grieved under the grievance procedure outlined in this Agreement. Employees under the Civil Service Act as well as the terms of this Agreement shall proceed, for issues exclusively covered by this Civil Service Act, under provisions of Chapter 341-A, Code of Iowa. Those issues covered within nine the definition of a grievance in this Article shall proceed with grievance procedures outlined in this agreement. Employees of the Department, who are not Civil Service and covered by this agreement, shall have the right to present grievances, if covered within the definition of a grievance in this Article, in accordance with the procedures outlined herein: STEP 1: (9Immediate Supervisor - Verbal) Within ten (10) working days in an attempt shall be made to resolve any grievance under this Article through an informal discussion between the following manner grievant and sequence: The Union his/her immediate supervisor. If requested by the employee, a representative may be present at this informal discussion. A dated written record of the grievance and response will be provided to the Administratoremployee from his/her immediate supervisor. STEP 2: (Appeal to Sheriff - Written) If a grievance is not satisfactorily resolved informally at the first step, or herthe aggrieved employee, if he/his designateshe so desires, who shall render her/his decision may file the grievance in writing with the Sheriff within five (5) working days after the presentation informal conference. The written grievance shall state the nature of the grievance grievance, spelling out the specific clause or clauses of this Agreement which have been allegedly violated, misinterpreted, or misapplied and shall state the remedy requested. Within five (5) working days after the appeal is filed, the aggrieved, the representative of the aggrieved, if desired, shall meet in an attempt to her/himresolve the grievance. The parties maySheriff or his/her designated representative shall file an answer within five (5) working days of the meeting and communicate it in writing to the employee, if they so desire, meet the supervisor and the representative of the employee. STEP 3: (Appeal to discuss the Board of Supervisors) If the grievance at a time and place suitable to both parties. If the decision is unsatisfactorystill remains unadjusted, then the grievance may it shall be presented by the Association or employee to the County Board of Supervisors or their designee in the following manner: Within writing, within ten (10) working days after the decision is given at Step Noresponse of the Sheriff, if the response of the Sheriff does not settle the matter. 1At the Association or employee’s request, the aggrieved employee, and/or the Grievance Committee shall meet with written response may be waived and a committee appointed by formal hearing before the Board of Directors of Supervisors held at which time the Manor to consider the grievanceAssociation, employee, or their legal representative present information/evidence. 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 Management shall respond in writing to the Labour Relations Officer and Association or the bargaining unit representative employee within ten (10) working days of such grievance being presented. STEP 4: (BINDING ARBITRATION) If the grievance is not resolved satisfactorily in the third step, grievance may proceed to Step 4. Grievances which have been processed to the preceding steps of this procedure and only such grievances shall be submitted to binding arbitration as provided below. Within five (5) working days following the answer of the Sheriff, or his designee, at the conclusion of Step 3 grievance meeting, either party shall notify the other of his/her request to enter into binding arbitration, and within such period, request the Iowa Public Relations Board to provide a meetinglist of five (5) qualified arbitrators who have been certified with said Board to act as arbitrators within the State of Iowa. This request shall be in the form of a written communication from the grievant and his/her representative which shall serve as a joint request. Upon receipt of the list of arbitrators the parties shall meet at a mutuallyconvenient time and place to select an arbitrator from the list provided. The party requesting arbitration shall strike the first name and each of the two parties shall alternately strike thereafter one name at a time from the panel until one shall remain. The remaining name shall be the arbitrator. The recommendations of the arbitrator regarding a grievance on the contract under which the grievance was filed, shall be binding. If a demand for arbitration is not filed within ten (10) working days of the date of the third step reply, then the grievance will be deemed to have been resolved at that step and arbitration waived. The arbitrator shall have no power to alter, change, detract from or add to the provisions of this Agreement, but shall advise the parties of his/her interpretation of the provisions of this Agreement in respect to the alleged grievance, which shall be binding on both parties. Each party shall bear its own cost and expenses of the arbitration proceedings including the fee of the arbitrator which shall be shared equally by the Employer and the grievant.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 12.01 Any employee dispute, difference, controversy or the Union has the right to lodge a grievance with respect to any matter affecting or arising out of the interpretation, application or alleged violation administration of this Agreement shall be adjusted, if possible, by direct negotiations between the Contractor and the Union. 12.02 Where a difference arising between the parties relating to the interpretation, application or administration of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including any question as to whether the complaint stagematter is arbitrable, 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 either of the parties that complaints may, after exhausting the grievance procedure described above, notify the other party in writing of employees shall be adjusted as quickly as possible, its desire to submit the difference to arbitration and it is understood that its nominee to the Union has no grievance concerning an individual nurse until the Director Board of Care or her/his designate has been given an opportunity of adjusting the complaintArbitration. Such complaint written notice shall also state clearly, the matter or matters in dispute to be discussed dealt with by the Director Arbitration Board and what relief, if any, is claimed by the party requesting arbitration. The party receiving such notice shall within five days advise the other party 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 name of its nominee to the AdministratorArbitration Board. 12.03 The two nominees so selected shall within five days of the appointment of the second of them, or her/his designate, appoint a third person who shall render her/his decision within five (5) working days after the presentation act as Chairman 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 partiesArbitration Board. If the decision is unsatisfactoryrecipient of the notice fails to appoint an arbitrator, then or if the grievance may be presented in two appointees fail to agree upon a Chairman within the following manner: Within ten (10) working days after the decision is given at Step No. 1time limit set therein, the aggrieved employee, and/or the Grievance Committee appointment shall meet with a committee appointed be made by the Minister of Labour for Ontario upon request of either party. 12.04 The Arbitration Board of Directors of shall hear and determine the Manor to consider difference, between the grievanceparties and shall issue a decision in writing. At this stage Such decision shall be final and binding upon the employee and/or the Grievance Committee may be accompanied by a representative of the Unionparties and upon any worker affected. The decision of the committee majority of the Board shall be the decision of Directors will the Board, and if there is no majority, the decision of the Chairman shall govern. The fees and expenses of the Chairman shall be rendered borne one-half by the Union and one half by the Contractor; any other costs or expenses in writing connection with such arbitration shall be borne by the party which incurs them. 12.05 All time limits mentioned in the grievance and arbitration procedure may be extended by Agreement between the parties and no grievance shall be invalidated by reason of a failure to the Labour Relations Officer comply with time limits mentioned or by reason of any defect of form or by any technical irregularity. 12.06 If a grievance is referred to arbitration, and the bargaining unit representative within ten (10) working days following Contractor is found, without reasonable justification, to have failed to pay workers in accordance with Article 6.05, or to have failed to make remittances in accordance with Article 7, the Contractor shall be liable to reimburse the Union for all costs associated with the processing of such grievance including investigation costs, legal fees on a meetingsolicitor-and-client basis, the Union’s share of the cost of a Board of Arbitration, the cost of issuing, processing and serving summonses and all payments to any actual or potential witnesses, and interest on all monies not paid. This clause shall not apply if the violation of the collective agreement is for an insubstantial amount or the nonpayment is as a result of a bona fide bookkeeping error which is corrected immediately upon discovery.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (a) All disputes, differences or grievances as to the in­ terpretation or application of the provisions of this Ag­ reement shall be settled in the following manner: 1. The Union shall give written notice of the na­ ture of the dispute, difference or grievance to the duly designated representative of the Employer. 2. After receipt of such notice by the Employer, the duly authorized officials of the Union has the right to lodge and a grievance with respect to any matter arising out duly designated representative of the interpretationEmployer shall confer to adjust such dispute, application difference or alleged violation of this Agreementgrievance. The Employer agrees to supply the Union with the relevant information necessary to process the grievance. 8.02 At 3. In order to comply with the time formal discipline is imposed or at any stage Union’s internal appeal procedure, the Union shall have ninety (90) days from the date of initial filing of the grievance procedure, including to notify the complaint stage, a nurse is entitled Employer that it may go forward to be represented by her/his union representativearbitration. 4. In the case event such dispute, difference or xxxx­ xxxxx shall not have been satisfactorily adjusted between the parties in the manner provided above, then such dispute, difference or grievance shall be referred to ar­ bitration by either party by notice in writing. Upon the giving of suspension or dischargesuch notice in writing by one party to the other, the Employer parties shall notify mutually agree upon an impartial ar­ bitrator who, in cases involving discharge will hold hear­ ings within approximately thirty (30) days after accepting appointment. If this does not occur in such cases, 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 ex­ pedited arbitration procedure of the parties that complaints of employees shall American Arbitra­ tion Association may be adjusted as quickly as possible, and it is understood that utilized by 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 otherssubmitting party. If there no agreement upon an impartial arbitrator 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 reached within five (5) working days after the presentation giving of such notice o f in­ tention to arbitrate, either party may apply to the grievance to her/himAmerican Arbitration Association for the appointment of such impartial arbitrator. (b) The decision of said arbitrator shall be final and binding upon the parties. The parties mayfurther agree that there shall be no suspension of work when any such dispute, if they so desire, meet to discuss the difference or grievance at a time arises and place suitable to both parties. If the decision while it is unsatisfactory, then the grievance may be presented in the following manner: Within ten process of adjustment or arbitration. The parties agree that the expenses of arbitration shall be borne equally between them. (10c) working days after Any member o f the decision is given Union who shall, at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board of Directors direc­ tion of the Manor arbitrator be required to consider testify at any arbitra­ tion procedure shall not suffer any loss in wages by reason thereof. (d) A dispute, difference or grievance concerning the grievance. At this stage the discharge of an employee and/or the Grievance Committee may shall 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 deemed waived unless within ten (10) working calendar days following after the date of discharge the Union gives written notice of such a meetingdispute, difference or grievance to the duly designated representative of the Employer. (e) Neither party shall utilize any coercive or retalia­ tory measure to compel the other party to accede to its demands.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Union Contract

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 12.01 Any employee dispute, difference, controversy or the Union has the right to lodge a grievance with respect to any matter affecting or arising out of the interpretation, application or alleged violation administration of this AgreementCollective Agreement shall be adjusted, if possible, by direct negotiations between the Contractor and the Union. A grievance must be filed within thirty (30) days from the date the matter came to the attention of the grievor or the Union. Any grievances filed by the Union must be filed within thirty (30) days from the date that the matter came to the attention of the Union. 8.02 At 12.02 Where a difference arising between the time formal discipline is imposed parties relating to the interpretation, application or at any stage administration of the grievance procedurethis Collective Agreement, including any question as to whether the complaint stagematter is arbitrable, 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 either of the parties that complaints may, after exhausting the grievance procedure above, notify the other party in writing of employees shall be adjusted as quickly as possible, and it is understood that its desire to submit 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 complaintdifference to arbitration. Such complaint written notice shall also state clearly the matter or matters in dispute to be discussed dealt with by the Director of Care within fifteen (15) working days after Arbitrator and what relief, if any, is claimed by 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. party requesting arbitration. 12.03 The parties may, if they so desire, meet shall agree 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 sole arbitrator within ten (10) working days following of the notice to arbitration being received. If they are unable to do so, either party may request that an appointment be made by the Minister of Labour. 12.04 The Arbitrator shall hear and determine the difference between the parties and shall issue a decision in writing. Such decision shall be final and binding upon the parties and upon any worker affected. The fees and expenses of the Arbitrator shall be borne one-half by the Union and one-half by the Contractor; any other costs or expenses in connection with such arbitration shall be borne by the party which incurs them. 12.05 All time limits mentioned in the grievance and arbitration procedure may be extended by agreement between the parties and no grievance shall be invalidated by reason of a meetingfailure to comply with time limits mentioned or by reason of any defect of form or by any technical irregularity. 12.06 If a grievance is referred to arbitration, and the Contractor is found, without reasonable justification, to have failed to pay workers in accordance with Article 6, or to have failed to make remittances in accordance with Article 7, the Contractor shall be liable to reimburse the Union for all costs associated with the processing of such grievance including investigation costs, legal fees on a solicitor-and-client basis, the Union’s share of the cost of an Arbitration, the cost of issuing, processing and serving summonses and all payments to any actual or potential witnesses, and interest on all monies not paid. This clause shall not apply if the violation of the Collective Agreement is for an insubstantial amount or the non-payment is as a result of a bona fide bookkeeping error which is corrected immediately upon discovery.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee complaint, disagreement or difference of opinion between the Company, the Union or the Union has employees covered by this Agreement, which concerns the right to lodge a grievance with respect to any matter arising out interpretation or application of the interpretation, application or alleged violation terms and provisions of this Agreement. 8.02 At , shall be considered a grievance. Before a grievance is formally lodged, the time formal discipline employee shall first discuss the matter with Manager. This will not prevent the Union or Company from exercising its rights under paragraph of this Article. Any employee, the Union or the Company may present a grievance. Any grievance which is imposed not presented within thirty (30) days following the event giving rise to such grievance shall be forfeited and waived. This provision shall not be used to deny any employee his or at any stage her rights under the applicable Labour Statutes. STEP 2: STEP 3: STEP 4: The involved, by or with the shop xxxxxxx or with the Union representative, shall first take up the matter with the Manager, within thirty (30) days of the grievance procedure, including arising. If the complaint stage, a nurse question is entitled to be represented by her/his union representative. In the case of suspension or dischargenot satisfactorily settled this way, the Employer the shop xxxxxxx with the Union representative shall notify discuss the nurse of matter with Market Manager. At this right in advance. The Employer also agreesstep, 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 grievance shall be adjusted as quickly as possible, put into writing and it if a solution to the dispute 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 daysreached, it shall then be taken up as final and binding. If the procedures set forth in Step and Step above do not result in a grievance solution being reached within nine seven (97) working days in of the following manner first discussion between an officer of the Union and sequence: The Union may present a management representative of the grievance to the AdministratorCompany, or her/his designatewithin such further period as the Company and the Union agree to in writing, the dispute shall be referred to Arbitration, as provided herein. Failing settlement by the Parties under Step either Party may refer the matter to an Arbitrator who shall render her/his decision will meet with the authorized representatives of the Union and the Company to hear both sides of the case. If the parties fail to agree upon an Arbitrator within five (5) working days (excluding Saturdays, Sundays and General Holidays) after one (1) Party has served written notice on the presentation other Party of its intention to refer the grievance matter to her/him. The parties mayan Arbitrator, if they so desire, meet the Minister of Labour will be requested to discuss the grievance at a time and place suitable to both partiesappoint an Arbitrator. If the decision Arbitrator finds (or if at any earlier stage of the Grievance Procedure it is unsatisfactoryfound) that an employee has been unjustly suspended or discharged or laid off that employee shall be reinstated by the Company without loss of pay and with all rights, then benefits and privileges which would have enjoyed if the grievance may suspension, discharge or layoff had not taken place. However, if it is shown to the Arbitrator that the employee has been in receipt of wages from other jobs during the period of discharge or suspension or layoff and reinstatement, the amount so received shall be presented deducted from wages payable by the Company pursuant to this clause less any expenses which the employee has incurred in order to earn the wages so deducted. Also the Arbitrator, if circumstances are established before which 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 opinion of the Manor Arbitrator makes it just and equitable to consider do so, shall have the grievanceauthority to order the Company to pay less than the full amount of wages lost. 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.ARTICLE

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee difference, dispute or complaint arising over the interpretation c application of this Agreement shall be submitted in writing triplicate on forms supplied by the Union has and signed by the right to lodge aggrieve employee. There shall be-an xxxxxxx effort on the part of both t o settle such grievances promptly through the following steps: Be a conference between the supervisor. The employee may xxxxxxx shall give his decision Failing settlement, then: Stew aggrieved employee and his be accompanied by his Xxxxxxx. within two-(2) working days. Withinten (10) full working days the decision in Step aggrieved and/or an official or officials of the Union meet with representatives of the Employer, at which time the record of the grievance with respect to shall be presented. The decision shall be give writing within five (5) full working days following this meeting. Failing settlement under Step any matter difference between the arising out of from the interpretation, application administration, or alleged violation of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including any question as to whether a matter arbitrable, such difference may be taken to arbitration as hereinaft provided, and if no written request for arbitration is received with ten (10) full working days after the complaint stagedecision Step is given, 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 deemed to have been abandoned. complaint or grievance may be submitted or considered under t grievance procedure unless 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 presented within fifteen ten (1510) working days after the circumstances giving rise to it the grievance occurred originated. Any complaint or grievance concerning or affecting a group of employe shall be originated under Step ,Any complaint or grievance as to the interpretation or alleged of the provisions of this Agreement arising directly between the and the Union, affecting the Union or the Company, as such, either shall 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 the right to file a grievance within nine (9) working days beginning at Step of grievance procedure as outlined above. Such grievance shall conform the provisions of this Article and, if it is not resolved, may processed to arbitration in the following manner and sequence: The Union may present same way as the grievance to of employee. A claim by an employee that he has been unjustly discharged disciplined shall be treated a grievance a written statement such grievance is lodged with the Administrator, or her/his designate, who shall render her/his decision Company within five (5) working days after the presentation of the grievance to her/himdischarge or discipline effected. 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 Such may be presented in settled under 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.dispute procedure by:

Appears in 1 contract

Samples: Letter of Understanding

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or (a) Where the Union has the right term "calendar days" appears within this Article, it shall be construed to lodge exclude Saturdays, Sundays, and General Holidays as set out in Article 21. (b) In this Article, a grievance with respect to shall consist only of a dispute concerning interpretation and application of any matter arising out of the interpretation, application or alleged violation clause of this Agreement, alleged violations of the Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of this Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these provisions, the questions may be taken up through the grievance procedure and determined, if necessary, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. 8.02 At (c) Prior to a grievance(s) being submitted to arbitration, the time formal discipline is imposed Company and the Union shall jointly agree in writing on the issue to be submitted to arbitration. (a) Any employee covered by this Agreement when called into the Company's office for any discussion concerning disciplinary action or at a grievance may, upon request, be accompanied by a Xxxxxxx and/or business agent. (b) During any stage of the following steps of the grievance procedure, including the complaint stage, a nurse is entitled to aggrieved employee must be represented accompanied by her/his union representativeone (1) Xxxxxxx and/or business agent. In the case absence of suspension the Xxxxxxx or dischargebusiness agent the Company will recognize a member of the grievance committee. (a) By a conference between the aggrieved employee and the Branch Manager, xxxxxxx, dispatcher, or other designate. Failing settlement, the Employer shall notify grievance must be submitted in writing within seven (7) calendar days from the nurse date of this right in advance. The Employer also agrees, as a good labour relations practice, it will also notify the Bargaining Unitalleged violation or from the date the alleged violation became known to the grievor. 8.03 It is (b) Failing settlement at the intent of above step, the parties that complaints of employees Branch Manager shall be adjusted as quickly as possible, render his decision in writing 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 refer the grievance to and arrange a meeting between the Administrator, Union and the General Manager or her/his designate, who designate within seven (7) calendar days of the date that the grievance was registered in writing. This meeting shall be held in the home terminal of the employee involved unless otherwise agreed. The General Manager or his designate shall render her/his a decision in writing within five seven (57) working calendar days after from the presentation of date that the grievance was referred to her/him. The . (c) Should the parties mayfail to reach satisfactory settlement in the preceding steps, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If the decision is unsatisfactory, then final settlement of the grievance may be presented submitted to an Arbitration Board as outlined below. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of the Ontario or Quebec Provincial Grievance Panel established for this purpose by the Companies and by the Local Unions. This Committee will render a decision unless it is deadlocked which shall be final and binding and have the same powers as a Board of Arbitration established under the subsequent provisions. The Ontario or Quebec Provincial Grievance Panel shall be comprised of four (4) persons, or two (2) persons as agreed to between the Company and the Union. These persons will be selected equally from Management and from the Local Unions. (d) The Companies and Local Unions shall name only representatives who are engaged in the following manner: Within ten (10) working days after day to day administration of this Agreement. It is understood that in the decision is given at Step Noselection of the representative that neither party shall name a representative from the Company involved. 1, the aggrieved employee, and/or the Grievance This Committee shall meet with within twenty (20) calendar days upon being contacted to hear the grievance(s). (e) In the event that the Ontario or Quebec Provincial Grievance Panel is unable to render a committee appointed by majority decision, the Board of Directors of grieving party must within seven (7) calendar days from the Manor date the Ontario or Quebec Provincial Grievance Panel declares a deadlock, unless they wish to consider withdraw the grievance. At , proceed to arbitration as outlined in Article 5 of 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 meetingAgreement.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 A. Any problem arising in connection with the application or interpretation of the provisions of this Memorandum of Understanding which cannot be amicably adjusted between an employee or of the Hospital represented by the Union has the right to lodge and a grievance with respect to any matter arising out representative of the interpretationHospital designated by management shall be referred, application or alleged violation in writing, by either party involved to an Adjustment Board composed of this Agreementtwo (2) representatives of the Hospital and two (2) representatives of the Union. 8.02 At the time formal discipline is imposed B. No grievance or at any stage complaint shall be considered unless it has been first presented within thirty (30) days of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representativealleged occurrence thereof. 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 event the grievance to concerns discharge of an employee the Administrator, or her/his designate, who shall render her/his decision grievance must be presented within five (5) working days followingdischarge. C. The Board shall take up the matter within forty-eight (48) hours after submission, if possible. Any decision by a majority of three (3) votes shall be final and binding upon both parties, subject to the presentation limitations herein provided. D. The Board shall have no power to add to, subtract from, or change any of the grievance terms or provisions of this Memorandum of Understanding. Jurisdiction shall extend solely to her/himclaims of specific written provisions of the Memorandum of Understanding and shall involve only the interpretation and application of such Memorandum of Understanding. The award shall be based upon the Joint Submission Agreement of the parties, or, in the absence thereof, the questions raised by the parties mayin respect to the specific interpretation and application of the Memorandum of Understanding. Without limitation upon the foregoing, if they so desireeither party shall give notice of a desire to modify this Memorandum of Understanding as provided in Article XI, meet Section 1, the Board shall have no power to discuss determine what modifications or changes, if any, should be made in the grievance at Memorandum of Understanding or otherwise to decide any question with respect thereto, other than the sufficiency and effect of the notice itself. E. If, within fifteen (15) days after submission of any matter a time and place suitable to both parties. If the decision as above described is unsatisfactorynot reached, then the grievance may Board shall select a fifth member who shall serve as impartial chairman of the Board. A decision by a majority of the five (5) members of the Board shall be presented final and binding upon both parties, subject to the limitations on jurisdiction and authority contained in the following manner: Within ten (10) working days after preceding paragraph. F. Each party shall bear all the decision is given at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by expenses of its own members on the Board of Directors Adjustment and its witnesses. The fee of the Manor to consider impartial chairman, as well as other expenses connected with the grievance. At this stage the employee and/or the Grievance Committee may formal hearing shall be accompanied borne equally by a representative of the Union. both parties. G. 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 meetingEmployer shall not discharge, discipline, or suspend any engineer without just cause.

Appears in 1 contract

Samples: Memorandum of Understanding

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any 10.01 It is the mutual desire of the parties herein that complaints of employees be adjusted as quickly as possible and it is understood that an employee has no grievance unless a complaint has been referred to the employee’s immediate supervisor. 10.02 The supervisor shall give an oral decision to the complaint within seven (7) days. 10.03 If the employee believes that complaint has not been satisfactorily adjusted, she may proceed to the grievance procedure. 10.04 The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances. 10.05 Unless stated otherwise, any reference to a number of days in this Agreement shall be a reference to calendar days. 10.06 The Employer or the Union has the right shall not be required to lodge a consider or process any grievance with respect to any matter arising which arises out of any action or condition more than seven (7) days, excluding holidays after the complaint procedure as outlined in Article 10.01. If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties concerning the interpretation, application or alleged violation administration of this Agreement. 8.02 At 10.07 A “group grievance” is defined as a single grievance, signed by a xxxxxxx or a CLAC Representative on behalf of a group of employees who have the time formal discipline is imposed or same complaint. Such a grievance must be dealt with at any stage successive stages of the grievance procedure, including commencing with Step 1. The grievors shall be listed on the complaint stagegrievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a nurse “group grievance”. 10.08 A “policy grievance” is entitled defined as a grievance that involves a question relating to the interpretation, application, or administration of this Agreement. A policy grievance may be represented submitted by her/his union representativeeither party at Step 2 of the grievance procedure. In A policy grievance submitted by the case of suspension or discharge, Union shall be signed by a CLAC Representative and submitted to the Employer. A policy grievance submitted by the Employer shall be signed by the Employer or his representative. 10.09 Step 1 10.01. The supervisor shall deal with the grievance and will 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, grievor and it is understood that the Union has Representative of his decision in writing 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) later than seven 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 receiving 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.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge For purposes of this Agreement, a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitrable. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse an Employee is entitled to be represented by herhis/his union her Union representative. In the case of suspension or discharge, the Employer Hospital shall notify the nurse Employee 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 mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union an employee has no grievance concerning an individual nurse until she has first given her immediate supervisor the Director of Care or her/his designate has been given an opportunity of adjusting the her complaint. Such complaint shall be discussed with the Director of Care her immediate supervisor within fifteen nine (159) working calendar days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice occurred or ought reasonably to have come to the attention of the employee and assistance from others. If there is no failing settlement within nine (9) working days, it shall then be taken up as a grievance within nine (9) working calendar days following advice of her immediate supervisor's decision in the following manner and sequence: The Union employee may present submit a written grievance, signed by the employee, to his/her immediate supervisor, or designate. The grievance shall be in writing and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement, which are alleged to the Administratorbe violated. The immediate supervisor, or her/his designate, who shall render will deliver her/his decision in writing within five nine (59) working calendar days after following the presentation day on which the grievance was presented to him/her. The Hospital will confirm the names of the grievance to her/himrespective immediate supervisors for the employees and the Union. The parties mayFailing settlement, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If then: Within nine (9) calendar days following 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 under Step No. 1, the aggrieved employeegrievance may be submitted in writing to the Chief Executive Officer, and/or or designate. A meeting will then be held between the Chief Executive Officer, or designate, and the Grievance Committee shall meet with a committee appointed by the Board of Directors within nine (9) calendar days of the Manor to consider submission of the grievancegrievance at Step No. At this stage 2, unless extended by agreement of the employee and/or the Grievance Committee may be accompanied by parties. It is understood and agreed that a representative of the UnionOntario Federation of Health Care Workers and the grievor may be present at the meeting. It is further understood that the Hospital’s Chief Executive Officer, or designate, may have such counsel and assistance as may be desired at such meetings. The decision of the committee Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. 8.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Board Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Local President or her designate. 8.05 Where a number of Directors will members have identical grievances and each employee would be rendered entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to the Labour Relations Officer Leader or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No.2 and the bargaining unit representative applicable provisions of this Article shall then apply with respect to the processing of such grievance 8.06 The parties agree that there shall be a lower standard of just cause for the discipline or discharge of employees during their probationary period, given the purpose of the probationary period. A claim by an Employee that he has been unjustly discharged or disciplined shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within ten seven (107) working calendar days following after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: : a) confirming the Hospital's action in dismissing the Employee; or b) reinstating the Employee with or without loss of seniority and with or without full compensation for the time lost; or c) by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or discipline and further agrees that it will not suspend, discharge or otherwise discipline an employee without just cause. 8.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a meeting.written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge For purposes of this Agreement, a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitral. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse an employee is entitled to be represented by her/his union representativeher Union Representative or by a Union Xxxxxxx. In the case of suspension or discharge, the Employer shall notify the nurse employee of this right in advance. The Employer also agreesIf an employee is to be sent home from work pending an investigation of an alleged incident, as she will be so advised in the presence of a good labour relations practiceUnion Xxxxxxx. If no such person available, it however, then she will also notify choose an available co-worker to be with her at the Bargaining Unittime she is sent home. 8.03 It is the intent mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union an employee has no grievance concerning an individual nurse until she has first given her immediate supervisor the Director of Care or her/his designate has been given an opportunity of adjusting the her complaint. Such complaint shall be discussed with the Director of Care her immediate supervisor within fifteen seven (157) working days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice occurred or ought reasonably to have come to the attention of the employees and assistance from others. If there is no failing settlement within nine seven (97) working days, it days following advice of her immediate supervisor's decision shall then be taken up as a grievance within nine (9) working days dealt with in the following manner and sequence: Step No. 1 The Union employee may present submit a written grievance signed by the employee, to her immediate supervisor. The grievance to shall identify the Administrator, or her/his designate, who shall render her/his decision within five (5) working days after the presentation nature of the grievance and the remedy sought and should identify the provisions of the Agreement, which are alleged to be violated. The immediate supervisor will deliver her decision in writing within seven (7) days following the day on which the grievance was presented to her/him. The parties mayFailing settlement, if they so desire, meet to discuss the grievance at a time and place suitable to both partiesthen; Step No. If 2 Within seven (7) days following 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 grievance may be submitted in writing to the CEO or her designate. A meeting will then be held between management and the Grievance Committee shall meet with a committee appointed by the Board within seven (7) days of Directors submission of the Manor to consider grievance at Step No. 2 unless extended by agreement in writing of the grievanceparties. At this stage the employee and/or the Grievance Committee may be accompanied by It is understood and agreed that a representative of the UnionO.F.H.C.W (LIUNA) and the griever may be present at the meeting. The decision of the committee Employer shall be delivered in writing within seven (7) days following the date of such meeting. Where the CEO is the same in Step No. 1 and Step No. 2 the grievances will advance to the next step. The Employer agrees to submit the response to the Union Xxxxxxx who signed the grievance or to the Chief Union Xxxxxxx if such Union Xxxxxxx is not available. 8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Board Agreement shall be originated at Step No. 2 within (14) fourteen days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Local Business Manager or her designate. 8.05 Where a number of Directors employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to management within (14) fourteen days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. (a) A claim by an employee who has completed her probationary period that she has been unjustly discharged or disciplined shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer at Step No. 2 within seven (7) days after the date the discharge or suspension is affected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (i) Confirming the Employer's action in dismissing the employee; or (ii) Reinstating the employee without loss of seniority and with full compensation for the lost time; or (iii) By any other arrangement which may be deemed just and equitable. (b) The Employer agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge, but failure to provide such written reasons in a timely manner shall not affect the merits of the discipline. (c) The discharge of a probationary employee shall be solely in the discretion of the Employer and shall not be the subject of a grievance. The Employer agrees, however, that prior to terminating a probationary employee it will meet with the employee and a Union Xxxxxxx to review the reasons for the termination. 8.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within (21) twenty-one days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within (21) twenty-one days after the decision under Step No. 2, it will be rendered deemed to have been received within the time limits. Subsection 48(16) of the Labour Relations Act shall not apply in respect of untimely referrals to arbitration. 8.08 All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and the Union and the employees. 8.09 When either party requests that any matter be submitted to arbitration as provided above, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two (2) nominees shall attempt to select by agreement a chair of the Arbitration Board. If they are unable to agree upon such a chair within a period of fourteen (14) days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chair. 8.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, unless otherwise agreed by the parties. 8.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 8.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 8.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the Chair, will be final and binding upon the parties hereto and the employee or employees concerned. 8.14 Each of the parties hereto will bear the expense of the nominee appointed by and the parties will share equally the fees and expenses, if any, of the Chair of the Arbitration Board. 8.15 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single Arbitrator for the Labour Relations Officer Arbitration Board at the time of reference to arbitration and the bargaining unit representative within ten (10) working days following such a meetingother provisions referring to the Arbitration Board shall appropriately apply. 8.16 The parties agree that use of the electronic version of the Ontario Federation of Health Care Workers Local LiUNA 1110 grievance form is acceptable and valid. Electronic grievances may be sent via email, to the applicable manager or the identified designate. The electronic signature of the Union Representative or Xxxxxxx will be accepted as the original signature.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any Complaints, disputes or controversies of any kind, which arise between one or more employees and the Town or its agents (inclusive of the Fire Chief), or the Union and the Town or its agents (inclusive of the Fire Chief), concerning the working conditions, hours of work, wages, fringe benefits or rates or pay referred to or specified in this Agreement, or which are provided for by any Statute, Charter Provision, By-Law, Rule, Regulation or Policy, which is not in conflict with this Agreement, may be processed as a grievance under the following procedures: 1. The Steps of the Grievance procedure shall be as follows: STEP 1: The employee shall submit the grievance in writing to the Fire Chief within 14 calendar days of the date that the employee or the Union has knew or, with the right to lodge a grievance with respect to any matter arising out exercise of reasonable diligence, should have known 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 occurrence giving rise to it have occurredthe grievance. This discussion may include consultation, advice The Fire Chief 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. If the grievance has not been resolved or responded to within 10 calendar days of receipt by the Fire Chief, the Union may appeal to the next level. If the grievance is not resolved in Step 1, the Union may appeal it by giving a written notice of such appeal to the Town Administrator within 10 calendar days after the answer of the Fire Chief is due. The Town Administrator and the Union shall meet to discuss the grievance. If the grievance has not been resolved or responded to within 10 calendar days of receipt by the Town Administrator, the Union may appeal to the next level. If the grievance is not settled in Step 2, the Union may request a hearing before the Board of Selectmen, by submitting a written request, which may include a written summary of the basis of the grievance, to the Town Administrator within 10 calendar days of the date the Step 2 response is due. The Town Administrator will present the request to the Board of Selectmen in executive session at a time the next available meeting, and place suitable shall communicate the Board’s decision to both partiesthe Union in writing within 5 days of the decision. If the decision is unsatisfactorya denial of the request, then the Town Administrator’s written notification of the denial to the Union shall serve as the Town’s Step 3 response for the purposes of this Article. Should the Board agree to hear the grievance, the hearing will be held at or before the next available meeting after the meeting at which decision to hear the grievance may is made. If the Board elects to have a subcommittee hear the grievance, then the hearing shall be presented in scheduled at a time mutually agreeable to the following manner: Within ten (10) working parties. Thereafter, the Board’s written Step 3 response shall be due within 30 calendar days after the decision hearing. 2. In general, letters issued by the Town are not arbitrable, even if the letter points out a performance issue with which the employee disagrees. In such a case, the employee may submit a rebuttal to the letter, which will be kept with the file copy of the letter. Such a rebuttal must be submitted within 15 calendar days of the date that the letter is given delivered. The union may grieve letters of reprimand through Step 3 of the grievance procedure. 3. All grievances filed at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board of Directors 1 and 2 of the Manor grievance procedure shall specify: a. the particular contract article and section alleged to consider have been violated; b. the facts supporting each alleged violation in reasonable detail; c. the date each act or omission violating the Agreement is alleged to have occurred; and, d. the remedy sought for each alleged contract violation. 4. The parties agree to follow each of the foregoing steps in the processing of the grievance. At this stage Failure of the employee and/or Union at any step to process according to the Grievance Committee time limits set forth herein shall mean that the Union has waived the grievance, and the right to proceed further. Time limits may be accompanied extended by mutual agreement. 5. The settlement or remedy of a representative grievance, including any monetary or back pay remedy, in any case, shall not be made retroactive unless the Union can demonstrate through reasonable diligence that it did not know of the Union. The decision violation of the committee contract within fourteen (14) days 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 meetingits occurrence.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 17.1 The parties agree that they will use their best efforts to encourage the Union has informal and prompt settlement of grievances which may arise under the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation terms and conditions of this Agreement. 8.02 At 17.2 A grievance is defined as a dispute between the time formal discipline is imposed parties concerning the interpretation, application, performance or at terms of this Agreement, or an alleged breach or violation thereof. 17.3 Nothing in this grievance procedure shall limit the existing right of an individual member of the bargaining unit to present concerns and communicate with any stage person in the Administration. 17.4 The following steps will be followed for the processing of grievances which are not resolved under Section 17.1 above: 17.4.1 Step One 17.4.1.1 The grievance shall be submitted in writing by a Federation officer to the Xxxx stating the nature 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 dischargerelevant facts, the Employer shall notify provisions of the nurse of this right in advanceAgreement alleged to have been violated, and the adjustment sought. The Employer also agrees, as a good labour relations practice, it will also notify grievance must be presented in writing within thirty (30) calendar days following the Bargaining Unit. 8.03 It is time at which the intent aggrieved Faculty member could have been reasonably award of the parties that complaints occurrence of employees shall be adjusted the alleged violation on the approved form as quickly as possibleshown in Appendix D. 17.4.1.2 The Xxxx, 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 calendar 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 receipt of the grievance to her/him. The parties maygrievance, if they so desireshall convene a meeting among the aggrieved Faculty member, meet to discuss a Federation representative selected by 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. 1aggrieved Faculty member, the aggrieved employeeXxxx himself/herself, 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. and his/her discretion, another University representative. 17.4.1.3 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 Xxxx shall, within ten (10) working calendar days following such the Step One grievance hearing, respond in writing to the grievance. Such response shall be directed to the Federation representative with a meetingcopy sent to the aggrieved Faculty member. 17.4.1.4 If the Xxxx does not respond in a timely manner and does not receive an extension, this will be deemed denial of the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any During the term of this Agreement there shall be no strikes, lock-outs, slow-downs or work stoppages, this shall not include strikes which may be called by the Local Building Trades Council, such strikes to be local in character. It shall not be a violation of this agreement and shall not be cause for discharge, discipline or permanent replacement for any employee covered by this agreement to refuse to cross or work behind any lawful primary picket line. It is agreed that in the Union has event the Employer is delinquent at the end of the period in the payment of his contribution to the Health and Welfare, the Pension Fund, the Supplemental Pension Fund, or other Funds created under this Agreement, in accordance with the rules and regulations of the Trustees of each Fund, the employees and/or their representatives shall have the right to lodge a grievance with respect take action that may be necessary until such delinquent payments are made; provided however, that such action is subsequent to any matter arising out of the interpretation, application or alleged violation of this Agreement. 8.02 At Employer receiving notice in writing from the time formal discipline Trust Fund Administrator that said contractor is imposed or at any stage of delinquent and it is further agreed that in the grievance procedure, including the complaint stage, a nurse event such action is entitled to be represented by her/his union representative. In the case of suspension or dischargetaken, the Employer shall notify be responsible for any loss resulting there from. All disputes and grievances by employees and employer relative to the nurse interpretation or application 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 Agreement 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 processed in the following manner: . 1. If an employee has a grievance relative to the interpretation or application of this Agreement he shall advise the Business Agent of the Local Union. 2. The Business Agent shall contact the employer within Ten (10) days and attempt to resolve said grievance. If he fails to resolve the grievance, the Business Agent shall: 3. Reduce the grievance to writing, setting forth the exact date of the alleged grievance, the nature of the grievance and the Article of the Agreement which has been violated and submit this to the National Fire Sprinkler Association, Inc. and/or Employer by registered mail requesting a meeting. Within ten Ten (10) working days after of the decision is given at Step No. 1receipt of said notice, the aggrieved employeeNational Fire Sprinkler Association, Inc. and/or the Grievance Committee Employer shall meet with representatives of the Local Union and the employer involved to resolve said grievance. 4. If the parties fail to resolve the grievance, they shall immediately submit the grievance to final and binding arbitration as follows: a. The Union and the National Fire Sprinkler Association, Inc. and/or Employer shall request from the American Arbitration Association a committee appointed list of five names from which the parties will select an arbitrator. b. The parties shall attempt, by mutual agreement, to select one of the five names submitted by the Board American Arbitration Association. If they are unable to reach an agreement, the parties shall alternate in striking four names from the list, with the first strike decided by the toss of Directors of a coin. The remaining name shall be 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. Arbitrator. c. The decision of this Arbitrator shall be final and binding upon the committee parties. d. The Arbitrator must confine himself to the interpretation and application of the Board Agreement and has no power to alter, change or amend said Agreement. e. If the employer or the Association has a grievance relative to the interpretation or application of Directors will this Agreement, the Grievance shall be rendered submitted in writing by registered mail to the Labour Relations Officer Union, setting forth the exact date of the grievance, the nature of the grievance and the bargaining unit representative Article of the Agreement which has been violated. f. The Union shall meet with the Employer within five days of receipt of the grievance to discuss said grievance. g. If the parties fail to resolve the grievance, the Union and the National Fire Sprinkler Association, Inc. with the Employer present, and/or Employer shall meet within seven days of notice that parties did not resolve the grievance. h. If the Union and the National Fire Sprinkler Association, Inc. and/or Employer fail to resolve the grievance, it shall be submitted to final and binding arbitration as set forth herein. i. The loser shall bear the total expense of the Arbitration. j. All grievances to be considered must be submitted within ten (10) working days following such a meetingof the occurrence of the alleged grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee 10.01 All steps will be taken to ensure that complaints relating to the administration or interpretation of this Agreement will be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stages of the grievance procedure. It is understood that a reasonable amount of time may be spent by Union Representatives in order to investigate and participate in grievance matters. Union Representatives will conduct investigations in a manner which will not unduly interfere with the Company's operations. The Company will not prevent the Union has Representatives from properly fulfilling their obligations to investigate and settle grievances. Both parties will acknowledge receiving all grievances and correspondence of such grievance material to the right to lodge a other party in writing or as mutually agreed. 10.02 A grievance with respect to will be defined as any matter arising out of complaint concerning the interpretation, application application, administration or alleged violation of this Agreement.the Collective Agreement and will be processed as follows: 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, (a) Pre-Step (Verbal): An employee having 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 first take the matter up in a meeting 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, his/her Manager or her/his designate, who shall render her/his decision designate within five (5) working days after from the presentation time the grievor became aware or ought to reasonably have become aware of the event giving cause to the complaint. The employee may request that his/her Union Representative be present during this discussion. If a settlement cannot be reached, the employee, through the Union, may proceed with filing a grievance at Step 1 of the grievance to her/him. procedure. (b) The parties maygrievance will be in writing, 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 on forms provided 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 grievance must be rendered in writing presented to the Labour Relations Officer and the bargaining unit representative Maintenance Supervisor or designate within ten (10) working days (which includes the Pre-Step Verbal) from the time the grievor became aware or ought to reasonably have become aware of the event giving cause to the grievance. The grievance should state the nature of the grievance, the applicable Article(s) alleged to have been violated, and the remedy sought. The grievance should be signed by the employee or a Union Representative. The Maintenance Supervisor shall schedule and meet the Union Representative within three (3) working days following such receipt of the written grievance. If mutually agreed, the grievor may be in attendance at this meeting. The Maintenance Supervisor shall give a written reply to the Union within five (5) working days following the Step 1 meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 13.01 All time periods specified in this Article are exclusive of Saturdays, Sundays and recognized holidays. (a) 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 herwho feels that he/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 she has been given an opportunity of adjusting the complaint. Such unfairly treated shall take up his /her 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 : Step 1 With the Team Leader or designate with or without his/her Xxxxxxx within ten (10) working days after of the decision is given at date of occurrence or the date he/she was first aware of or reasonably could have been aware of the occurrence. The Team Leader shall give their answer within three days. Step No. 2 In the event a settlement cannot be reached in Step 1, the aggrieved employeematter shall be presented in writing to the Team Leader within three days of the Team Leader's previous decision. The Team Leader shall render a decision in writing within three days. Step 3 In the event settlement cannot be reached in Step 2, and/or the Grievance Committee matter shall be referred in writing to the Area Director within ten days of the Step 2 decision. The Area Director or a delegated authority shall meet with the Union Committee no later than ten days from the grievance being received. A decision in writing shall be rendered within five days of the meeting. (b) In respect of any grievance involving a committee appointed group or groups of employees, the grievance procedure may be commenced at the step involving the designated official of the Company having jurisdiction over the employees affected or the subject matter concerned. (c) All time periods specified in Steps 1, 2 and 3 may be extended by mutual agreement. 13.03 Any grievance question or matter which has proceeded through the procedures set forth above and is not settled to the satisfaction of both parties to this Agreement, may be submitted to a single arbitrator mutually agreed upon by the Parties or, upon mutual agreement of the Parties, to a Board of Directors Arbitration upon written notification by either party to the other. Such notification shall be given within thirty days of the Manor to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative completion of the Unionprocedure taken above. 13.04 Where either party to this Agreement requests that a grievance, question or matter be submitted to arbitration, that party shall make such request in writing, addressed to the other party to this Agreement within the time limit prescribed in Clause 13.03 above and, in the case of a Board of Arbitration, at the same time nominate an Arbitrator. The notice shall state the matter at issue and in what respect the Agreement has been violated or misinterpreted by reference to the specific clause or clauses relied upon. The notice shall also state the nature of the relief or remedy sought. 13.05 Upon mutual agreement to a Board of Arbitration as referred to in Clause 13.03 the other party will nominate an Arbitrator within five days. Should such party fail to appoint an Arbitrator within five days, the first party may request the Federal Minister to appoint such an Arbitrator. 13.06 The two Arbitrators so nominated shall meet within five days and shall attempt to select by agreement a third member who shall act as Chairperson of the Arbitration Board. If they are unable to agree upon the selection of a Chairperson within a further period of five days, the Federal Minister of Labour shall be asked to name an impartial Chairperson. 13.07 The Arbitrator or Board of Arbitration should commence its hearings on the matters presented to it as soon as possible after the appointment of its Chairperson. 13.08 The Arbitrator or Board of Arbitration shall have the authority to determine whether the case before it is in fact a matter for arbitration. 13.09 The Arbitrator or Board of Arbitration shall have the authority only to interpret the existing provisions of this Agreement and apply them to the specific facts of the grievance or dispute. 13.10 The Arbitrator or Arbitration Board shall render a decision within fifteen days of the completion of the hearing. The decision shall be in writing and shall be final and binding upon the parties to this Agreement and upon any employee affected by the decision. The decision of the committee majority shall be the decision of the Arbitration Board. 13.11 Each party shall bear the expense of its nominee. The fees and expenses of the Chairperson or single Arbitrator shall be shared equally between the parties. 13.12 In the event an employee is discharged or suspended and he/she feels unfairly treated, he/she shall file an appeal in Step 3 of the grievance procedure within seven days. If an employee is unjustly disciplined, discharged or suspended, the Arbitrator or Arbitration Board may order reinstatement with back pay and restoration of Directors all other rights including seniority. 13.13 In the event the Company disciplines any employee, it will furnish the employee and the Union with pertinent written reasons for such discipline. Letters of discipline will be rendered in writing to removed from the Labour Relations Officer and the bargaining unit representative employee’s file after two years without another offence. 13.14 The Company will take any disciplinary action against an employee within ten (10) working days following such worked of the offence being discovered by the Company. In the event an employee is suspended without prejudice, each regularly scheduled work day spent on suspension shall be considered a meetingday worked for purposes of this clause. This time constraint will apply from the time the Company is able to contact the said employee in Fort Xxxxxx to advise him/her that disciplinary action will be taken. 13.15 It is understood that a National Representative may accompany members of the Union Grievance Committee to any, or all, of the Union Grievance Committee's meetings with management. The National Representative may call upon members of the Union, in reasonable numbers, to accompany him/her to meetings of the Union Grievance Committee with the Management for that period of time only to give testimony.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee complaint, disagreement of difference of opinion between the Company, the Union or the Union has employees covered by this Agreement, which concerns the right to lodge interpretation or application of the terms and provisions of this Agreement shall be considered 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 and shall be adjusted and settled within the terms and conditions as quickly as possible, set forth in this Agreement. STEP Any grievance of an employee shall first be taken up between such employee 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 Supervisor within fifteen (15) working calendar days after the circumstances giving rise of such occurrence. Employees will be entitled to it have occurredrepresentation by a Shop Xxxxxxx if requested. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) working days, it STEP Failing Settlement under Step a grievance shall then be taken up as a grievance within nine (9) working days in between 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 representative of the Local Union and the Supervisor. STEP Failing settlement under Step such grievance and any question dispute or that is not of a kind that is subject to her/himSteps and shall be taken up between the bargaining representative of the Union and a Company representative. The parties may, if they so desire, meet to discuss (Such grievance shall be in writing and signed by the grievance at a time and place suitable to both partiesemployee). If STEP Failing settlement under Step the decision is unsatisfactory, then the grievance may matter will 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 taken up by the Board consisting of Directors two (2) members selected by the Union and two (2) members selected by the Employer, which Board may resolve the grievance by Agreement and their decision shall be final and binding. STEP Failing settlement under Step the matter will be referred to an agreed upon neutral arbitrator whose decision will be final and binding. Failing to agree upon a neutral arbitrator, the Department of Labour will be requested to appoint a neutral arbitrator. The arbitrator, so selected or appointed, shall have the Manor authority to consider adjust and settle the grievance. At controversy submitted to him, but he shall be confined to the subject submitted for decision and may in no event, as part of any decision rendered thereon, impose upon either party any obligation which has not been agreed upon by the parties under the Terms of this stage Agreement or which may affect the employee and/or the Grievance Committee may be accompanied by a representative reformation of the Unionthis Agreement or any provisions thereof. The decision of the committee arbitrator shall be made in writing and shall be final, conclusive and binding on the parties to this Agreement. The cost of the Board of Directors will arbitrator shall be rendered in writing to borne equally by the Labour Relations Officer Employer and the bargaining unit representative within ten (10) working days following such a meetingUnion.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any Should any difference (hereinafter called a arise between the Board and any employee or the Union has the right as to lodge a grievance with respect to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreement. 8.02 At , an xxxxxxx effort to settle such grievance without undue delay shall be made in the following manner. within Stage One An aggrieved employee shall first submit representations either orally or in writing to the employee's immediate supervisor, who is the school principal for an employee assigned to a school, either directly or through the appropriate xxxxxxx. of the time when it arose and the shall respond within five days after the formal discipline representation. t Two If a decision satisfactory to the employee is imposed not given or no decision is given at any stage Stage One, then such employee may within days after the decision of the grievance proceduresupervisor has been given or should have been given, including present representations either directly or through the complaint stageappropriate xxxxxxx to the Superintendent of Education, Personnel or designate. Such official shall give an oral decision within after the representation. Three If a nurse decision satisfactory to the employee is entitled to be represented not given or no decision is given at Stage Two, then such employee accompanied by her/his union representative. In a xxxxxxx may within days after 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 oral decision of the parties that complaints Superintendent of employees shall be adjusted as quickly as possibleEducation, and it is understood that the Union has no grievance concerning an individual nurse until the Director of Care Personnel or her/his designate has been given an opportunity or should have been given, present representations in writing to the Superintendent of adjusting Education, Personnel or designate or other representative designated by the complaintBoard from time to time. Such complaint representations shall be discussed with state the Director nature of Care the grievance, the remedy sought and the provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the employee or of the Union to rely on any other provisions of the Agreement. Such official or other designate shall notify the employee and the xxxxxxx of the time and place at which they will meet to discuss and consider the written representations. from date which may within fifteen (15) working days after the circumstances giving rise decision of the Superintendent of Education, Personnel or has given or should have been given, submit written representations made at Stage Three to it have occurredDeputy Director of Education, Human Resources. This Deputy Director of Education, Human Resources, other designate shall notify the and Local Union of the time and place at which Board's Grievance Committee will meet discuss consider such representations and the decision Stage Three. Such meeting shall be held within days from the date upon which such representations were received. At the request o party, a national representative of the may be present. The decision of such within will be given to the Local Union in days after such meeting. Any difference, hereinafter called a arising directly between the Board a the Local Union as to the interpretation application, administration or alleged violation o the Agreement, other than a difference affecting individual employees, may be submitted writing by either party hereto with opportunity discussion may include consultation, advice between officers of the Local and assistance representatives of the Board. A meeting for of such discussion shall be held fifteen days from othersthe date when the difference was submitted. At the request of party a national representative of the Union shall b present at such meeting. If there the parties are to settle such policy difference within ten day from such discussion then the party to whom the notice delivered shall reply to such difference within ten days from such discussion Nothing in this shall be deemed to away the of an individual employee to any of the employee's personal problems (other could be presented as x hereunder) to any official of the Board If any grievance or policy difference, including any question as to whether the matter is no settlement within nine (9) working daysarbitrable or not, it shall not have been satisfactorily settled pursuant to the provisions of this Article, the grievance or policy difference may then be taken up as a grievance referred by either party to this Agreement to arbitration by written notice given to the other party within nine (9) working fifteen days from the date when the decision of the Board at Stage Four was or should have been given or, in the following manner case of a policy difference, within fifteen days from the date when the written reply to the submission was or should have been delivered. The Board and sequence: The the Local Union shall each appoint one arbitrator within seven (7) days from the receipt of the notice and the two arbitrators appointed shall appoint a third who shall' be the chairperson. No person may present be appointed as an arbitrator who has participated directly in any attempt to settle the grievance or policy difference. If the parties fail to the Administrator, or her/his designate, who shall render her/his decision agree upon a chairperson within five (5) working days after days, either party may request the presentation Office of Arbitration of the grievance to her/him. The parties may, if they so desire, meet to discuss Labour choose 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 Unionchairperson. The decision of the committee majority of the arbitrators shall be final and binding all parties concerned and any employee affected by it, but if there is no majority decision, that of the chairperson shall 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 representations of the employee made at Stage Three and any decision of the Board or, in the case of Directors will a policy difference, the written submission and any reply thereto shall be rendered in writing presented to the Labour Relations Officer arbitrators and the bargaining unit representative 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, 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 by the other. Witness fees and allowances shall be paid by the party the witness. Each party shall pay one-half of the fees and out-of-pocket expenses of the chairperson those of its own appointee. If any party disagrees with the other as to the meaning or application of the decision, it 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 this Article shall be deemed to be exclusive of Saturdays, Sundays and the specified holidays recognized herein and may be extended by mutual of the parties. Should any grievance arise between the Board and any employee or any direct difference between the Board and the or Local Union, or should any employee believe the discharge is in violation of this and should any party desire to take advantage of the procedure provided for in this Article, each step in such procedure (10including any reference to arbitration) working days following required to effect a satisfactory disposition of the matter shall be taken by such a meeting.party within the time limited above set forth or the matter shall be deemed to have been abandoned. ARTICLE

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Section 1 - Any grievance of 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 between the Director of Care within fifteen (15) working days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice employee 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 Administratorhis or her immediate supervisor, or her/his designatethe supervisor’s designated representative, who shall render her/his decision within five (5) working days after the presentation of the grievance to her/himdate that the employee either knew or should have known of the occurrence of the event being grieved. If not settled there, it shall be discussed between the Shop Xxxxxxx, the employee and the immediate supervisor. The parties request for this discussion must be submitted in writing to the supervisor within five (5) days of the initial discussion between the employee and the supervisor or designated representative. If not settled there, and provided the grievance involves the interpretation or application of the terms of this Agreement, the Union may, if they so desirewithin five (5) days of the immediate supervisor's final decision, meet submit the matter to discuss the grievance at a time and place suitable Office of the Superintendent in writing. The Union may, within five (5) days of the final decision made by the Superintendent, submit the matter in writing to both partiesthe Board. If The Board shall review the decision is unsatisfactory, then the grievance may grievance. This shall be presented in the following manner: Within done not later than 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 workdays following receipt of the Union's submission. The decision of the committee of the Board of Directors will be rendered shall communicate its decision, in writing writing, to the Labour Relations Officer and Union not later than five (5) workdays following the bargaining unit representative meeting at which the grievance was considered. Section 2 - In the event that the grievance is not satisfactorily resolved by the above procedure, within ten (10) working days following such a meetingthereafter, either party may request the New Jersey State Board of Mediation to appoint an arbitrator, who shall have full power to hear and determine the dispute and whose decision shall be final and binding. Section 3 - The time limits provided for herein may be extended by mutual agreement. Section 4 - The Arbitrator shall have no authority to change, modify, alter, substitute, add to, or subtract from the provisions of this Agreement. The cost of arbitration shall be shared equally by the Board and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or It is the Union has mutual desire of the right to lodge parties hereto that, complaints arising between a grievance nurse and the Employer with respect to any matter arising out of the interpretationapplication, application interpretation 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 Collective Agreement shall be adjusted as quickly as possible, possible and it is generally understood that the Union that, subject to discharge grievances, a nurse has no grievance concerning an individual nurse until the Director of Care or her/his designate she has been first given her supervisor an opportunity of adjusting the her complaint. A claim by a nurse that she has been unjustly discharged or suspended shall be treated as a grievance at Step 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the grievance or arbitration procedure: (a) confirming the Home's action in dismissing the nurse; or (b) reinstating the nurse with or without loss of seniority and with or without full compensation for time lost; or (c) by any other arrangement which may be deemed just and equitable. The Home agrees to provide written reasons within seven (7) calendar days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse without just cause. (a) If a nurse has any complaint which she wishes to discuss with the Employer, she shall take the matter up with her immediate supervisor. No complaint shall be discussed with the Director of Care within fifteen (15) working days after considered where 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) occurred or originated more than ten working days in (Monday through Friday) prior to the discussion with the supervisor. (b) If such complaint is not settled to the satisfaction of the nurse concerned within one (1) full working day, or within any longer period which may be mutually agreed upon at the time, then 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 steps of the grievance procedure may be invoked in order. A nurse may present a grievance in writing to her/himthe Program Manager. The parties maygrievance shall identify the nature of the grievance, if they so desire, meet the remedy sought and should identify the provisions of the agreement which are alleged to discuss the be violated. Such grievance at a time and place suitable to both parties. If the decision is unsatisfactory, then the grievance may should be presented in the following manner: Within 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 date of its occurrence or when it came to consider the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative attention of the Unionnurse. The Program Manager will render a 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.the day on which the grievance was submitted. If this decision is unsatisfactory to the nurse, Step #2 may be followed within ten

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge For purposes of this Agreement, a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitral. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse an employee is entitled to be represented by her/his her union representative. In the case of suspension or discharge, the Employer shall notify the nurse employee 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 mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union an employee has no grievance concerning an individual nurse until she has first given her immediate supervisor the Director of Care or her/his designate has been given an opportunity of adjusting the her complaint. Such complaint shall be discussed with the Director of Care her immediate supervisor within fifteen seven (157) working calendar days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice occurred or ought reasonably to have come to the attention of the employee and assistance from others. If there is no failing settlement within nine seven (97) working days, it shall then be taken up as a grievance within nine (9) working calendar days following advice of her immediate supervisor's decision in the following manner and sequence: The Union employee may present submit a written grievance signed by the employee, to her immediate supervisor. The grievance shall be in writing and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to the Administrator, or her/his designate, who shall render her/his be violated. The immediate supervisor will deliver her decision in writing within five (5) working calendar days after following the presentation of day on which the grievance was presented to her/him. The parties mayFailing settlement, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If then: Within seven (7) calendar days following 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 grievance may be submitted in writing to the Executive Director or designate. A meeting will then be held between management and the Grievance Committee shall meet with a committee appointed by the Board within seven (7) calendar days of Directors submission of the Manor to consider grievance at Step No. 2 unless extended by agreement of the grievanceparties. At this stage the employee and/or the Grievance Committee may be accompanied by It is understood and agreed that a representative of the UnionOntario Federation of Healthcare Workers (LIUNA) and the grievor may be present at the meeting. The decision of the committee Employer shall be delivered in writing within five (5) calendar days following the date of such meeting. 8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Board of Directors will Agreement shall be rendered in writing to the Labour Relations Officer and the bargaining unit representative originated at Step No. 2 within ten (10) working calendar days following the circumstances giving rise to the complaint or grievance. a grievance by the Employer shall be filed with the Local Business Manager or her designate. 8.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to management within ten (10) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 8.06 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a meeting.written request is postmarked within sixteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or Section 1. A grievance is defined to be a difference between Lincoln Lutheran and the Union has as to the right to lodge a grievance with respect to any matter arising out of the interpretation, meaning and application or alleged violation of this Agreement. 8.02 At Section 2. The Union shall furnish Lincoln Lutheran a list of all Union Work Site Leaders. Any changes in such list shall be reported in writing by the time formal discipline is imposed Union to Lincoln Lutheran and until so reported, Lincoln Lutheran shall not be required to recognize any Union Work Site Leader not on the official list. Lincoln Lutheran shall provide a list to the Union of all administrators and department leaders specifying facility and department. The Union shall not be required to recognize any administrator or at any stage department leader not on the official list. Section 3. In the event of a difference as provided above in Section 1, an xxxxxxx effort shall be made to settle such difference by using the following procedures: STEP 1. When a team member believes he/she has a grievance, he/she and the Worksite Leader or he/she and the Union Representative may set forth his grievance in writing to his or her department leader within seven (7) working days of its occurrence or when he/she should have known of its occurrence. The department leader shall set a meeting with the filing Union Work Site Leader, or the Union Representative and the grievant within seven (7) working days of receipt of the grievance procedure, including the complaint stage, and shall draft 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 written disposition 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 seven (157) working days after of said meeting and provide said disposition to the circumstances giving rise grievant and filing Union Work Site Leader. For purposes of this step, delivery to it have occurredthe filing Union Work Site Leader in person or placing the response in the filing Union Work Site Leader’s mailbox constitutes a timely response by the department leader. This discussion may include consultationNothing herein shall prohibit or preclude oral presentation and resolution of matters by the team member, advice and assistance from otherswith Union Work Site Leader representation, if desired; however, no oral presentation or resolution shall extend the initial seven (7) working day time limit for presentation of a grievance under this Article. STEP 2. If there the grievance is no settlement within nine (9) working daysnot resolved at Step 1, it shall the grievance may then be taken up as a grievance presented to the Facility Administrator within nine seven (97) working days in from the following manner receipt of the Step 1 response. The Administrator shall investigate 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 draft a written disposition 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.seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge For purposes of this Agreement, a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitrable. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse an employee is entitled to be represented by herhis/his her union representative. In the case of suspension or discharge, the Employer shall notify the nurse employee 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 mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union an employee has no grievance concerning an individual nurse until he/she has first given his/her immediate supervisor the Director of Care or her/his designate has been given an opportunity of adjusting the his/her complaint. Such complaint shall be discussed with the Director of Care his/her immediate supervisor within fifteen ten (1510) working calendar days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice occurred or ought reasonably to have come to the attention of the employees and assistance from others. If there is no failing settlement within nine ten (910) working days, it shall then be taken up as a grievance within nine (9) working calendar days following advice of his/her immediate supervisor's decision in the following manner and sequence: The Union employee may present submit a written grievance signed by the grievance employee, to the Administrator, Manager of Labour Relations or her/his designate, who . The grievance shall render her/his decision within five (5) working days after be in writing and shall identify the presentation nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Manager of Labour Relations or designate will deliver her decision in writing within ten (10) calendar days following the day on which the grievance was presented to her/him. The parties mayFailing settlement, 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 mannerthen: Within ten (10) working calendar days after following the decision is given at in Step No. 1, the aggrieved employee, and/or grievance may be submitted in writing to the Director of Labour Relations or designate. A meeting will then be held between management and the Grievance Committee shall meet with a committee appointed by the Board within ten (10) calendar days of Directors submission of the Manor to consider grievance at Step No. 2 unless extended by agreement of the grievanceparties. At this stage the employee and/or the Grievance Committee may be accompanied by It is understood and agreed that a representative of the UnionOntario Federation of Healthcare Workers and the grievor may be present at the meeting. The decision of the committee of the Board of Directors will Employer shall be rendered delivered in writing to the Labour Relations Officer and the bargaining unit representative within ten (10) working calendar days following the date of such a meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 12.01 Any employee dispute, difference, controversy or the Union has the right to lodge a grievance with respect to any matter affecting or arising out of the interpretation, application or alleged violation administration of this AgreementCollective Agreement shall be adjusted, if possible, by direct negotiations between the Contractor and the Union. A grievance must be filed within thirty (30) days from the date the matter came to the attention of the grievor or the Union. Any grievances filed by the Union must be filed within thirty (30) days from the date that the matter came to the attention of the Union. 8.02 At 12.02 Where a difference arising between the time formal discipline is imposed parties relating to the interpretation, application or at any stage administration of the grievance procedurethis Collective Agreement, including any question as to whether the complaint stagematter is arbitrable, 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 either of the parties that complaints may, after exhausting the grievance procedure above, notify the other party in writing of employees shall be adjusted as quickly as possible, its desire to submit the difference to arbitration and it is understood that its nominee to the Union has no grievance concerning an individual nurse until the Director Board of Care or her/his designate has been given an opportunity of adjusting the complaintArbitration. Such complaint written notice shall also state clearly the matter or matters in dispute to be discussed dealt with by the Director of Care within fifteen (15) working days after Arbitration Board and what relief, if any, is claimed by the circumstances giving rise to it have occurredparty requesting arbitration. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) working days, it The party receiving such notice 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 advise the presentation other party of the grievance name of its nominee to her/him. the Arbitration Board. 12.03 The parties maytwo nominees so selected shall within five (5) days of the appointment of the second of them, if they so desire, meet to discuss appoint a third person who shall act as Chair of the grievance at a time and place suitable to both partiesArbitration Board. If the decision is unsatisfactoryrecipient of the notice fails to appoint an arbitrator, then or if the grievance may be presented in two appointees fail to agree upon a Chair within the following manner: Within ten (10) working days after the decision is given at Step No. 1time limit set therein, the aggrieved employee, and/or the Grievance Committee appointment shall meet with a committee appointed be made by the Minister of Labour for Ontario upon request of either party. 12.04 The Arbitration Board of Directors of shall hear and determine the Manor to consider difference between the grievanceparties and shall issue a decision in writing. At this stage Such decision shall be final and binding upon the employee and/or the Grievance Committee may be accompanied by a representative of the Unionparties and upon any worker affected. The decision of the committee majority of the Board shall be the decision of Directors will the Board, and if there is no majority, the decision of the Chair shall govern. The fees and expenses of the Chair shall be rendered borne one-half by the Union and one-half by the Contractor; any other costs or expenses in writing connection with such arbitration shall be borne by the party which incurs them. 12.05 All time limits mentioned in the grievance and arbitration procedure may be extended by agreement between the parties and no grievance shall be invalidated by reason of a failure to the Labour Relations Officer comply with time limits mentioned or by reason of any defect of form or by any technical irregularity. 12.06 If a grievance is referred to arbitration, and the bargaining unit representative within ten (10) working days following Contractor is found, without reasonable justification, to have failed to pay workers in accordance with Article 6.05, or to have failed to make remittances in accordance with Article 7, the Contractor shall be liable to reimburse the Union for all costs associated with the processing of such grievance including investigation costs, legal fees on a meetingsolicitor-and-client basis, the Union’s share of the cost of a Board of Arbitration, the cost of issuing, processing and serving summonses and all payments to any actual or potential witnesses, and interest on all monies not paid. This clause shall not apply if the violation of the Collective Agreement is for an insubstantial amount or the non-payment is as a result of a bona fide bookkeeping error which is corrected immediately upon discovery.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or Should any difference arise between the Union has the right to lodge a grievance with respect to any matter arising out of the persons bound by this Agreement concerning its interpretation, application application, operation or alleged violation of this Agreement. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedurethereof, 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 there shall be adjusted as quickly as possible, no stoppage of work on account of such difference 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 xxxxxxx effort shall be discussed with made to settle 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 matter promptly in the following manner manner:- (a) The grievance shall be submitted in writing stating which provisions of this Agreement have allegedly been violated and sequence: The Union may present the grievance to the Administratorremedy being sought and shall be submitted, or her/his designate, who shall render her/his decision within five (5) working days after the presentation of the grievance date of the incident being grieved about, to her/him. The parties may, if they so desire, meet the Department Head. (b) Should the Department Head be unable to discuss the grievance at effect 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 settlement within three (103) working days after the decision is given at Step No. 1of receipt of such grievance, the aggrieved employee, and/or Union may refer the Grievance Committee matter to the Administrator within a further three (3) working days. (c) The Administrator or designate 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 's representative and the bargaining unit representative grievor(s) within three (3) working days of such referral. Should the parties be unable to effect a settlement within ten (10) working days following of such meeting, either party may refer the matter in writing to step (d) within a meetingfurther five (5) working days. (d) Upon written notice of referral, pursuant to paragraph (c), the parties shall agree on a single arbitrator to settle the dispute. The arbitrator shall hear and determine the difference, and shall issue a decision and the decision is final and binding upon the parties and any person affected by it. The cost of such arbitrator shall be borne equally between the Employer and the Union. (e) Representatives of the Union may initiate discussions with the Employer on any matter but no matter will be considered as a grievance unless it is processed through the above- noted steps, or where the Union has specifically requested that an employee grievance be lodged. In such event, the grievance must be presented in writing within thirty (30) days of the alleged circumstances which give rise to the grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (a) All disputes, differences or grievances as to the interpretation or application of the provisions of this Agreement shall be settled in the following manner: The Union shall give written notice of the nature of the dispute, difference or grievance to the duly designated representative of the Employer. After receipt of such notice by the Em­ ployer, the duly authorized officials of the Union has the right to lodge and a grievance with respect to any matter arising out duly designated representative of the interpretationEm­ ployer shall confer to adjust such dispute, application xxx­ xxxxxxx or alleged violation grievance. The Employer agrees to supp­ ly the Union with the relevant information necessary to process the grievance. In the event such dispute, difference or xxxx­ xxxxx shall not have been satisfactorily adjusted between the parties in the manner provided above, then such dispute, difference or grievance shall be referred to arbitration by either party by notice in writing. Upon the giving of such notice in writing by one party to the other, the parties shall mutual­ ly agree upon an impartial arbitrator who, in cases involving discharge will hold hearings within approximately thirty (30) days after accepting appointment. If this does not occur in such cases, the expedited arbitration procedure of the American Arbitration Association may be utilized by the submitting party. If no agreement upon an impartial arbitrator is reached within five (5) days after the giving of such notice of intention to arbitrate, either party may apply to the American Arbitration Association for the appointment of such impartial arbitrator. In order to comply with Union’s internal appeal procedure, the Union shall have ninety (90) days from the date of initial filing of grievance to notify Employer that it may go forward to arbitra­ tion. (b) The decision of said arbitrator shall be final and binding upon the parties. The parties further agree that there shall be no suspension of work when any such dispute, difference or grievance arises and while it is in the process of adjustment or arbitration. The parties agree that the expenses of arbitration shall be borne equally between them. (c) Any member of the Union who shall, at the direction of the arbitrator, be required to testify at any arbitration procedure shall not suffer any loss in wages by reason thereof. (d) A dispute, difference or grievance concerning the discharge of an employee shall be deemed waiv­ ed unless, within ten (10) calendar days after the date of discharge, the Union gives written notice of such dispute, difference or grievance to the duly designated representative of the Employer. (e) Neither party shall utilize any coercive or retaliatory measure to compel the other party to accede to its demands. (f) The arbitrator shall not have the power to arbitrate provisions of a new agreement, to arbitrate away, in whole or in part any provision of this Agreement, and shall not have the power to add to, delete from or modify the provisions of this Agreement. 8.02 At (g) The shop xxxxxxx or Union representative has the time formal discipline is imposed or at right to be present during any stage corrective in­ terview between an official of the grievance procedure, including Employer and a member of the complaint stage, a nurse is entitled to be represented by her/his union representative. In bargaining unit concerning discipline or the case application of suspension or discharge, the Employer shall notify the nurse interpretation of this Agreement. An employee has the right in advance. The Employer also agreesto request the Where applicable, 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 full-time employees shall be adjusted receive from xxxxxx (30) minutes to one (1) full hour for lunch as quickly close to noon as possible, possible between the hours of 11:30 a.m. and it is understood that the Union has no grievance concerning 2:00 p.m. When an individual nurse until the Director employee works in excess 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 hours or more, the presentation of employee shall be entitled to a lunch period dur­ ing 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 partiesshift. If employees are required to work overtime, one-half (l/i) hour for supper shall be granted which shall not be deemed hours worked providing the decision is unsatisfactory, then the grievance may overtime shall be presented in the following manner: Within ten of at least two (102) 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 meetinghours’ duration.

Appears in 1 contract

Samples: Union Contract

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee Section 1. A grievance is defined for purposes of this provision as any act or the Union has the right to lodge a grievance with respect to any matter arising out omission of the interpretationEmployer in its relationship with the worker which the worker believes is unjust, application inequitable or alleged in violation of this Agreement.. When a grievance arises, it shall be settled in the following manner: 8.02 At Step 1. The worker, with or without the time formal discipline is imposed or at any stage of worker’s Xxxxxxx, shall present the grievance procedureorally or in writing to the worker’s immediate supervisor within thirty (30) calendar days of its occurrence, including or when the complaint stage, a nurse is entitled to be represented worker knew or by her/his union representative. In the case reasonable diligence should have known of suspension or discharge, the Employer shall notify the nurse of this right in advanceits occurrence. The Employer also agrees, as a good labour relations practice, it will also notify supervisor shall attempt to resolve the Bargaining Unit. 8.03 It is matter and report the intent of decision in writing to the parties that complaints of employees shall be adjusted as quickly as possible, worker 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 Xxxxxxx within fifteen (15) working calendar days after of its presentation. Step 2. In 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 event 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 not settled 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 appeal must 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 Executive Director or Deputy Executive Director within fifteen (15) calendar days after the supervisor’s response is received. The Executive Director shall attempt to resolve the matter and report the bargaining unit representative decision in writing to the worker and Xxxxxxx within fifteen (15) calendar days of its presentation. Step 3a. In the event the grievance is not settled at Step 2, and/or the Executive Director did not participate in the Step 2 meeting, the Union may request and receive a meeting within ten (10) working days following such a meetingbetween the Executive Director and the CWA Staff Representative to confer about the grievance and attempt to resolve prior to arbitration. Step 3b. In the event the grievance is not settled at Step 2 or Step 3a, the Union may cause the matter to be taken to binding arbitration with notification to the Employer within sixty (60) days, after which time, if no action is taken, the grievance shall be considered withdrawn.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any Step 1 The employee or and the Union has Representative, shall discuss the right matter with the Xxxxxxx concerned who shall ren- der a verbal decision within three working days. Step 2 If the verbal decision rendered by the Xxxxxxx is not satisfactory, the employee and the Union Representative shall submit the Grievance in writing directly to lodge the General Xxxxxxx who shall render a decision in writing within three working days. (If there is no General Xxxxxxx assigned to a department the grievance with respect must be submitted in writing to any matter arising out the Xxxxxxx in the step). Step 3 If the General Xxxxxxx’x decision is not satisfacto- ry, it may, within three working days of the interpretationreceipt of such decision, application be appealed by the employee accompanied by the Grievance Committee to the Superintendent or his designated representative who will render a written decision within three working days. Step 4 If the Superintendent’s decision is not satisfactory, it may, within two working days of the receipt of such deci- sion, be appealed to the Pottery Manager or his designated rep- resentative who will meet with the the Grievance Committee, and an International Representative should he desire to attend. The Pottery Manager or his designated repre- sentative shall hold a meeting within two working days of receipt of such notice of appeal and will render a written deci- sion within three working days after such meeting. If the decision of the Pottery Manager or his designated representative in Step 4 of the grievance procedure is not satis- factory, the Union may, within seven days there- after, appeal the matter to arbitration. If such appeal is made, each party shall, within five working days thereafter, select a member of a Board of Arbitration and the two thus chosen shall, within working days of the selection of a chair- man of them, select an impartial chairman. Upon failure of the two parties to agree in the selection of a chairman, the matter shall be referred to the provincial Minister of Labour with a request that he appoint a chairman. The Board of shall be limited to the consideration or matters of interpreta- tion, application, administration, or alleged violation of this AgreementAgreement and shall have no authority in any way to alter, modify, or extend this Agreement or to make any decision inconsistent with its terms and provisions. Each party shall be responsible for the expenses and compensation of its member of the Board. The expenses and compensation of the impartial chairman shall be shared equally between the parties.* * The above procedure notwithstanding the parties may by mutual agreement, dispense with a three member board and use a single arbitrator. 8.02 At the time formal discipline is imposed or at any stage (a) In cases involving discharges, after exhausting Step 4 of the Grievance Procedure, either party may make application under Section of the Labour Relations Act. A dispute other than one concerning a discharge or sus- pension, which could be a grievance and as such be subject to the above procedure, including must he presented in the complaint stage, a nurse is entitled manner set forth in the above procedure within five working days of its occurrence. Failure to be represented by her/his union representative. In present the case of suspension or discharge, the Employer dispute within working days shall notify the nurse of this right in advance. The Employer also agrees, bar that particular incident from consideration as a good labour relations practicegrievance. However, it will also notify the Bargaining Unit. 8.03 It is the intent nothing contained in this Section shall preclude a subsequent occurrence 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 a similar nature from others. If there is no settlement within nine (9) working days, it shall then be taken up being presented as a grievance provided with the grievance on the subsequent occasion is lodged within nine (9) working days of the occurrence. Time limits established in the following manner foregoing paragraphs of this Article may be changed by mutual consent of the parties. Awards and sequence: The Union settlements of grievances may present or may not be retroactive as the equities of each case may demand, but in no event shall any award be retroactive beyond the date on which the grievance to was first presented. Meetings for the Administrator, or her/his designate, who processing of grievances shall render her/his decision within five (5) working days after the presentation be scheduled by agreement of proper representatives of the grievance to her/him. The parties may, if they so desire, meet to discuss the grievance at a time Plant Management 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 To the extent possible, such meet- ings will be scheduled outside the working hours of the committee of persons required to be present. Time spent in handling grievances in the Board of Directors will Plant during working hours shall be rendered paid for by the Union, when such griev- ances are initiated by the Union. Time spent in writing to handling griev- ances within the Labour Relations Officer and during working hours shall be paid for by the bargaining unit representative within ten (10) working days following Company when such a meetinggrievances are initiated by the Company.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or That the City acknowledges the right of the Union has to appoint or otherwise select a reasonable number of Shop Stewards not to exceed sixty-five (65) in number, to assist employees who are members of the Union in grievances. Prior to the transfer of a Shop Xxxxxxx to another location beyond area of jurisdiction as a Xxxxxxx, the Department Head or designee shall advise the Union. That the Union acknowledges that all employees of the City who are members of the Union and attend to the business of the Union as Officers, Shop Stewards or members thereof, have regular duties to perform on behalf of the City: and that such employees will not leave their regular duties without first obtaining permission therefor immediate Supervisors,and will report to their immediate Supervisors immediately upon returning to their regular duties. In computing the time worked by such employees for the City, the City will not deduct the time occupied by them in attending to the business of the Union during working hours, and the City will not deduct wages in respect of the time so occupied. That the Union will supply the City with a list of all Shop Stewards as soon as appointed and will notify the City promptly of any change in such list. That a committee of not more than three officers of the Union to be designated by the President of the Union shall constitute a committee hereinafter called the Union Grievance Committee, to deal with a grievance within the meaning of Clause hereof. That whenever an employee is asked to report for a disciplinary discussion with two ( 2 ) or more supervisory personnel such employee will have the right of having either a shop xxxxxxx or union official present at such meeting as an observer, or if neither are available shall have the right to lodge the presence of an employee of choice on duty at place of work on the occasion of the discussion. That when no disciplinary notations have been included an employee's personal departmental file for a grievance with respect two-year period, said employee may request the removal of any written reprimand theretofore included such files, and upon such request, said shall be removed from the file and stricken from the record. That where a difference arises between the parties hereto relating to any matter arising out of the interpretation, application or alleged violation administration of this Agreement. 8.02 At Agreement including any question as to whether a matter is arbitrable or where an allegation made that this Agreement has been violated, such difference or allegation being hereinafter referred to as grievance", the following procedure shall apply, namely: The Union, through a Shop Xxxxxxx or Business Representative, shall within four (4) working days after the grievance first arises, file the said grievance and redress sought in writing and signed by the employee involved, with the immediate superior of such employee who shall confer forthwith with such employee and who shall render decision in writing within two (2) working days of the time formal discipline of the conference. The employee may be accompanied at the said conference by the Shop Xxxxxxx or the officer of the Union to be designated by the Union, referred to in Clause hereof, if so desires. PROVIDED that the four (4) working day time limit referred to herein shall be eight (8) working days if the grievance is imposed or at any stage respect to an employee in Temporary class of employees who is employed less than 35/40 hours per week. In the event that the immediate superior of the employee involved does not provide redress satisfactory to the Union, it may within seven (7) working days after the receipt of the aforesaid written decision of the said immediate superior, forward to the Department Head a copy of the grievance procedure, including together with a copy of the complaint stage, a nurse written decision of the immediate superior and upon receipt of such copies the Department Head or nominee shall forthwith confer with the authorized representatives of the Union and shall advise the Union in writing of decision in respect to the grievance within seven working days of the said conference. PROVIDED that the seven (7) working day time limit referred to herein shall be fourteen (14) working days the grievance is entitled with respect to be represented by her/his union representativean employee in Temporary class of employees who employed less than 35/40 hours per week. In the case of suspension or discharge, event that the Employer shall notify Department Head does not provide redress satisfactory to the nurse of this right in advance. The Employer also agrees, as a good labour relations practiceUnion, it will also notify the Bargaining Unit. 8.03 It is the intent may within seven (7) working days after receipt of the parties that complaints aforesaid written decision of employees shall be adjusted as quickly as possiblethe Department Head, forward a copy of the grievance together with a copy of the written decision of the immediate superior and it is understood that the Union has no grievance concerning an individual nurse until Department Head to the Director of Care or her/his designate has been given an opportunity Labour Relations for the City. Upon receipt of adjusting the complaint. Such complaint shall be discussed with such copies, the Director of Care Labour Relations or nominee shall forthwith confer with the authorized representatives of the Union and within ten (10) working days after said conference shall advise the Union in writing of decision respect of the grievance. In the event that the Director of Labour Relations for the City does not provide redress satisfactory to the Union, it may within twenty (20) working days after receipt of decision of the aforesaid Director of Labour Relations require the grievance to be submitted to arbitration by notifying the City in writing of its desire so to do, and the notice shall contain the name of the appointee of the Union to an arbitration board. The City shall within three (3) days following the day of approval by the City Council at its next meeting following the receipt by the City of the notice, advise the Union of the name of its appointee to the arbitration board. The two appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the two appointees fail to agree upon a Chairman within the time limited, the party lodging the grievance shall within fifteen (15) days request the Minister of Labour for Ontario, in writing, to appoint a Chairman and a copy of such request shall be forwarded concurrently to the appointee of the other party to such board. The arbitration board shall hear and determine the grievance and shall issue a decision and the decision of a majority shall be the decision of the arbitration board, but if there be no majority the decision of the Chairman shall be the decision of the arbitration board. Each of the parties hereto shall bear the expenses of the nominee appointed to represent it and the parties shall jointly in equal shares bear the expense, if any, of the Chairman of the arbitration board and the cost of the room or rooms in which the arbitration is held. Local in submitting the grievance to arbitration may request that such may be determined by a single arbitrator, whereupon the parties shall endeavour to reach agreement as to a suitable arbitrator for such purpose and the City shall have ten (10) working days after the circumstances giving rise receipt of the notice, to it have occurredadvise Local of its concurrence having the grievance determined by such named arbitrator who shall hear and determine the grievance and shall issue a decision. This discussion may include consultationIn the event of failure of the parties to agree as to an appropriate single arbitrator, advice and assistance from others. If there is no settlement the City shall, within nine a period of twenty-one (921) working daysdays aforesaid, advise Local of the name of its appointee to the Arbitration Board, and Local shall within seven (7) working days after receiving such notification from the City advise the City of the name of its appointee to the Arbitration Board, and the provisions of this agreement for the hearing of arbitrations by a Board of three arbitrators, shall apply. In the event that such arbitration is determined by a single arbitrator as hereinbefore provided, each of the parties shall jointly, equal shares, bear the expenses of such arbitrator and the cost of the room, or rooms, in which the arbitration is held. Notwithstanding the foregoing, the Union in requiring a grievance initiated pursuant to Clause hereof connection with job evaluation to be submitted to arbitration, may request the grievance be determined by a single arbitrator whereupon the City and the Union shall endeavour to reach agreement as to a suitable arbitrator for such purpose, and the City shall have twenty-one (21) working days after the receipt of the notice to advise the Union of its concurrence having the grievance determined by an arbitrator who has been mutually agreed upon, such arbitrator shall thereupon hear and determine the grievance and shall issue a decision. The City and the Union shall jointly, in equal shares, bear the expenses of such arbitrator and the cost of the room or rooms in which the arbitration is held. In the event of the failure of the City and the Union to agree upon a single arbitrator, the City shall within twenty-one (21) working days aforesaid, advise the Union of the name of its appointee to an Board, and the Union shall within seven (7) working days after the receipt of such advice, advise the City of the name of its appointee to the Arbitration Board, and the provisions hereof for the hearing and determining of the grievance by an Arbitration Board of three arbitrators shall thereupon apply. In the event of a dispute resulting in arbitration, all Job Evaluation documentation shall be available for presentation as evidence at the arbitration hearing. That the decision of the said immediate superior, the said Department Head or the said Director of Relations, as the case may be, shall be final and binding upon the City and the Union and upon any employee affected by it unless a subsequent step is taken within the times hereinbefore limited and the decision of the arbitration board or single arbitrator, as the case may be, in any event shall then be taken up final and binding upon the City, the Union and upon any such employee. That the Union in all Steps shall be confined the grievance and redress sought as set forth the written grievance filed as provided in Step One in sub-clause That no matter shall be submitted to or accepted by a board of arbitration unless the same has been properly processed through all the previous Steps of the grievance procedure as hereinbefore set out. That the arbitration board shall not have any power to add to, subtract from, alter, modify or amend in any way part of this Agreement nor to consider any matter not specifically contained the Agreement, nor otherwise make any decision inconsistent with this Agreement which expresses the full and complete understanding of the parties hereto on remuneration, benefits and working conditions. That the words "immediate as used Clauses and shall mean a person employed in a supervisory capacity with the City who is not a Union member. That where the resolution of the grievance as defined in Clause is of concern to the City, the Director of Labour Relations may within four (4) working days after the grievance first arises, file the grievance and redress sought in writing with the Union Grievance Committee who shall confer forthwith with the Director of Labour Relations or nominee and who shall render its in writing with respect to the grievance, within five (5) working days of the time of the conference. In the event that the Union Grievance does not provide redress satisfactory to the City, the City may within seven (7) working days after receipt of the decision of the Union Grievance Committee, require the grievance to be submitted to arbitration by notifying the Union in writing of its desire so to do, and the notice shall contain the name of the appointee of the City to an arbitration board. The Union shall within fourteen (14) working days after the receipt of the notice, advise the City of the name of its appointee to the arbitration board. The grievance procedure contemplated by Step Four set forth Clause hereof, following such advice, shall thereupon apply to the grievance referred to. That where a difference arises between the Union and the City relating to the interpretation, application or administration of this Agreement, which cannot be made the subject of a grievance by an employee, the Union may file such difference as a grievance, with the Director of Labour Relations the City, to be dealt with as provided in Clause hereof beginning at Step Three, and the provisions of this Article shall thereupon apply mutatis mutandis to the said grievance. Failure of an employee to file a grievance within nine (9) working days the time limits as set out in this Agreement, shall act as a bar to the Union filing such a difference as a grievance, with respect to the same matter. That in the following manner and sequence: The Union may present event of any employee being suspended or dismissed for cause, the grievance to procedure as set forth this Article, shall apply except that the Administrator, or her/his designate, who grievance shall render her/his decision be initiated at Step Two within five (5) working days after the presentation of said employee has been dismissed or suspended. PROVIDED that the grievance five (5) working day time limit referred 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 herein shall be presented in the following manner: Within ten (10) working days after the decision grievance is given with respect to an employee in Temporary class of employees who is employed less than 35/40 hours per week. That where an allegation is made that Article titled and has been violated, the grievance shall be initiated at Step No. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed by the Board of Directors Two of the Manor grievance procedure as set forth in this Article, within twenty (20) working days after such violation is alleged to consider have first occurred by filing said grievance with the grievance. At this stage Director of Labour Relations who shall, within four (4) working days of receipt thereof, forward the employee and/or grievance to the Grievance Committee may be accompanied by a representative of appropriate Department Head with notification to the Union. The decision said Department Head will then confer with the authorized representatives of the committee Union in accordance with Step Two of the Board grievance procedure. PROVIDED that the twenty (20) working day time limit referred to herein shall be thirty (30) working days if the grievance is with respect to an employee Temporary class of Directors will employees who is employed less than 35/40 hours per That where an allegation made that Article hereof titled Harassment" has been violated, the grievance shall be rendered initiated at Step Two of the grievance procedure as set forth in writing this Article, within five (5) days after such violation is alleged to have occurred. PROVIDED that the Labour Relations Officer and the bargaining unit representative within five (5) working day time limit referred to herein shall be ten (10) working days if the grievance is with to an employee in Temporary Service" class of employees who is employed less than 35/40 hours per week. That where the Union believes the City has failed to adhere to any part of Schedule or Schedule hereof, including an allegation that a job has been improperly rated and/or described, the grievance shall be initiated at Step of the grievance procedure as set forth in this Article and shall be processed by the parties as provided for in this Article, provided, however, that an allegation that a job has been improperly rated by the City must state the reasons for the disagreement with the factor ratings with which the Union disagrees and must also indicate what are, in the opinion of the Union, the correct rating levels, reasons for rating and numerical point values for the disputed factors and provided further that the Union shall make every reasonable effort to initiate the grievance as soon as possible following such a meetingthe subject matter of the grievance first arising.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or Section 1. A grievance within the Union has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation meaning of this Agreement. 8.02 At agreement is a claim by an employee that 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 employer has violated an express provision of this right in advanceagreement. The Employer also agreesTo be considered, as a good labour relations practice, it will also notify any grievance must be presented to 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 employer within fifteen (15) 7 working days after the circumstances giving rise employee knew or should have known of the alleged violation. Section 2. In the event of a difference as provided above in Section 1, an xxxxxxx effort shall be made to it settle such difference by using the following procedures. All grievances shall start at Step 1 of this procedure, except grievances related to employee terminations or those affecting two (2) or more employees, which shall be initially filed at Step 2: Step 1. When an employee believes they have occurred. This discussion a grievance, they, along with the Work Site Leader or the Union Representative, may include consultation, advice and assistance from others. If there is no settlement set forth the grievance in writing to their Department Head within nine seven (9) working days, it shall then be taken up as a grievance within nine (97) working days in of its occurrence or when they should have known of its occurrence. The Department Head shall set a meeting with the following manner and sequence: The filing Union may present the grievance to the AdministratorWork Site Leader, or her/his designate, who shall render her/his decision the Union Representative and the grievant within five seven (57) working days after of receipt of the presentation grievance. After the meeting, the supervisor shall draft a written disposition of the grievance within seven (7) working days of said meeting and provide said disposition to her/himthe grievant and filing Union Work Site Leader. For purposes of this step, delivery to the filing Union Work Site Leader in person or placing the response in the filing Union Work Site Leader’s mailbox constitutes a timely response by the supervisor. Nothing herein shall prohibit or preclude oral presentation and resolution of matters by the employee, with Union Work Site Leader representation, if desired; however, no oral presentation or resolution shall extend the initial seven (7) working day time limit for presentation of a grievance under this Section. Step 2. If the grievance is not resolved at Step 1, the grievance may then be presented to the Facility Administrator within seven (7) working days from the receipt of the Step 1 response. For grievances related to employee terminations or those affecting two (2) or more employees, the grievance shall be initially filed in writing at this Step within seven (7) working days of its occurrence or when the employee(s) should have known of its occurrence. The parties mayAdministrator shall investigate and draft a written disposition of the grievance within seven (7) working days of its presentation to the Administrator providing said response to the grievant, if they so desireUnion Work Site Leader and union representative. If the Union or Administrator desires, meet a meeting may be arranged to discuss the grievance at a time and place suitable to both upon mutual agreement by the parties. Step 3. If the decision grievance is unsatisfactorynot resolved at Step 2, then the grievance may then be presented in to the following manner: Within ten Regional Director of Human Resources or designee within seven (107) working days after of the decision is given receipt of the Step 2 response. If the Union so desires, it may request a third step grievance meeting at the same time as filing the Step No3 grievance with the Regional Director of Human Resources or designee. 1, the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed Facility representative(s) may be requested to attend by the Board Regional Director of Directors of Human Resources or designee. Unless agreed to otherwise by the Manor to consider the grievance. At this stage the employee and/or the Grievance Committee may parties, said meeting must 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 held within ten (10) working days following of the presentation of the Step 3 grievance or it is waived. The Regional Director of Human Resources or designee shall give a written disposition within seven (7) working days of the Step 3 meeting or its presentation to the Union Work Site Leader and union representative. Step 4. If the grievance is not resolved at Step 3, the Union may, within ten (10) working days of receipt of the written answer in the Third Step, request arbitration of such grievance. Failure to so request within such period shall cause the written answer in Step 3 to become the settlement of the grievance. Within twenty (20) working days of the request for arbitration, the Union shall request the Wisconsin Employment Relations commission (WERC) to appoint an impartial panel of five (5) arbitrators by and from its staff. The Employer and Union shall strike names from the panel until a meetingfinal arbitrator remains, who shall be assigned to preside over the arbitration proceeding. The grieving party shall be the first to strike a name from the list. The arbitrator shall have authority only to interpret the provisions of this Agreement, and shall not add to, subtract from, or amend any of the provisions of the Agreement. The decision of the Arbitrator shall be final and binding upon both parties. The expenses of the arbitration shall be borne equally by both parties. Section 3. No Union Work Site Leader may be absent from his or her work except for the purpose of handling grievances or attending meetings provided for in this Agreement and then only, if before leaving their work, they secure from their immediate supervisor permission for such absence. Section 4. Working days shall be defined to be Monday through Friday, excluding holidays. The time frames within this grievance procedure may be changed by mutual agreement between the Union and the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 15.01 Any matters or complaints raised by an 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 union covered by the terms of this Agreement regarding the administrative interpretation alleged violation, or application of the Agreement, may be submitted as a complaint or grievance. An xxxxxxx effort shall be made without undue delay to settle any complaint or grievance which may arise between the Company and the union or an employee in the following manner: a) An employee who has a complaint shall discuss it with his/her supervisor or designate accompanied by his/her committee person. 8.02 At b) A full discussion with a view to resolving the time formal discipline is imposed complaint will be held between the supervisor or at any stage designate, the committee person and the employee involved. The supervisor or designate shall give an oral reply, as soon as possible; but in all cases, it shall be given within three (3) working days from the original presentation of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representative. complaint. c) In the case of suspension or dischargedischarge grievances, the Employer Step 3 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 Unitbe invoked within three (3) working days. 8.03 It is a) If the intent decision of the parties that complaints supervisor or designate at Step 1 does not settle the complaint to the satisfaction of employees shall be adjusted as quickly as possiblethe employee and the committee person, and it is understood that then 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 presented in writing (hereafter referred to as a grievance) to the Director employee's supervisor or his designate, within three (3) employee's working days by the committee person from the date on which the decision at Step 1 was rendered. The grievance form will supplied by the Company. The union shall attempt to identify the applicable Article(s) of Care the Collective Agreement allegedly violated and the date of the incident. b) A meeting will be held within fifteen three (153) working days after from the circumstances giving rise date upon which the written grievance was presented to it have occurredthe employee's supervisor or his designate. This discussion may include consultation, advice The meeting will be attended by the employee and assistance from others. If there is no settlement the committee person and supervisor of his/her designate and department head. c) The department head shall render a written decision on the grievance form and present to the committee person within nine three (93) working daysdays from the date of the meeting. d) The parties recognize the importance of full discussion and shall make every effort to settle the complaint grievance at either Step 1 or Step 2. a) Should the grievance proceed, it shall then be taken up as a grievance within nine (9) working days in presented by the following manner and sequence: The Union may present the grievance committee person to the Administrator, department head or herhis/his designate, who her designate within three (3) workings days from the date on which the decision at Step 2 was received by the committee person. b) A final effort at mutual settlement shall render her/his decision be made at a meeting to be held within five (5) working days after from the presentation of date upon which the grievance was presented to her/himthe department head. The parties mayLeadec Facility Manager and Union Chairperson will mutually agree to an agenda to outlining the grievances(s) to be heard at the Step 3 meeting. c) The union shall be represented at such meeting by the bargaining committee, if they so desire, meet to discuss committee person and the aggrieved employee. The Company shall be represented by Human Resource Manager and Department Head. d) The Company shall provide the union with its written decision on 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 within three (103) working days after from the decision is date of the meeting. e) The Company will produce at the Step 3 meeting, such pertinent disciplinary notices, production, payroll and attendance records pertaining to the aggrieved employee involved as may be necessary for the settlement of the grievance. f) The Company agrees that a written explanation shall be given for a grievance being denied 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 2 and Step 3. g) A monetary grievance settlement will be rendered in writing to the Labour Relations Officer and the bargaining unit representative issued within ten two (102) working days following such a meetingpay periods.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee SECTION 1: A grievance shall be defined as any claim by a bargaining unit employee, the Union, or the Union Company, that an express provision of this Agreement has the right to lodge been improperly interpreted or applied. In order for a grievance with respect to any matter arising out be recognized, it must be brought promptly to the attention of the interpretation, application or alleged violation of this Agreement. 8.02 At Company and an attempt to verbally resolve the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to claim should be represented made by her/his union representativeboth parties. In the case event the grievance cannot be verbally resolved, it must be promptly processed to the following steps within the stated time periods: Step 1: The aggrieved employee and or the xxxxxxx shall submit a grievance in writing to the employee's immediate Supervisor within ten (10) working days of suspension or dischargethe event giving rise to the grievance. This written grievance shall set forth the nature of the dispute, the Employer shall notify the nurse provisions of this right in advanceAgreement alleged to have been violated, and the precise relief sought. 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 immediate Supervisor 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/give his designate has been given an opportunity of adjusting the complaint. Such complaint shall be discussed with the Director of Care answer in writing within fifteen ten (1510) working days after this meeting. Step 2: If the circumstances giving rise grievance is not settled in Step 1, and the Union desires to it have occurred. This discussion may include consultationappeal, 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 must appeal the grievance to the Administrator, Plant Manager or her/his designate, who shall render her/his decision designee within five (5) working days after the presentation of the grievance to her/himCompany's Step 1 written answer. The parties mayA meeting between the Plant Manager and a Human Resources representative, or their designees, and the Shop Xxxxxxx and International Representative of the Union plus the grievant (if desired), if they so desirethe Union desires and requests, meet will be held to discuss the this grievance at a time and place suitable mutually acceptable time, not to both partiesexceed thirty (30) days of such appeal. If the decision is unsatisfactory, then The Company agrees to respond to 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) days of the Step 2 meeting. Step 3: If the grievance is not settled in Step 2, and if the party desires to appeal same, they must submit the grievance to arbitration within thirty (30) days after the Step 2 answer by filing a request for a panel of seven arbitrators from the American Arbitration Association. The cost of requesting such panel will be shared equally by the parties. Upon receipt of the panel, each party shall have the right to strike one name until only one arbitrator remains on the list, which shall hear and decide the case. The first strike will be determined by a coin toss. SECTION 2: No grievance shall be entertained or processed unless it complies with the above Steps. For purposes of this Agreement, working days following shall be understood to mean Monday through Friday, excluding holidays. A failure by the Company to timely answer any grievance at any step of the procedure shall move the grievance automatically to the next step of the Grievance and Arbitration Procedure. Failure by the Union to appeal a grievance in accordance with the above time limits will result in the grievance being resolved on the basis of the Company's answer. SECTION 3: A Union representative or member shall not leave his job without first obtaining permission of his immediate supervisor. Upon entering another department or work area, the Union representative shall report to the supervisor in charge of the department stating his reason for being there. He shall transact his business in such department or work area as promptly as possible and upon returning to his own department or work area, shall at once report to his supervisor. All grievance discussions and investigations shall take place in a meetingmanner which does not interfere with normal plant operations and during non-work hours. SECTION 4: The arbitrator shall not have the authority to add to, modify or alter the provisions of this Agreement in any way. The cost of the arbitrator and the arbitration hearing shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any 7.1 The parties to this Agreement agree it is of the utmost importance to address complaints as quickly as possible. It is understood that an employee, under normal circumstances, will first give their immediate supervisor an opportunity to consider their complaint. It is further agreed that answers to written complaints shall provide a written detailed response on a form provided. The completed form will be signed by the employee and the supervisor and copies provided to the employee and the department xxxxxxx. Time spent to investigate, discuss or present a grievance or complaint (employees in attendance) will be paid by the Company with prior approval. 7.2 If an employee has a grievance, it shall be reduced to writing on forms supplied by the Union has and given to the right to lodge a grievance with respect to any matter arising out employee’s department manager within seven (7) working days from the date of the interpretationact or omission which is the basis of the grievance. Then it shall be taken up in the following manner: STEP 1 - By a formal meeting among the grievor(s), application the xxxxxxx and the department manager within seven (7) working days of the filing of the grievance. The meeting will take place on regular time, however, if this is not possible the Company will follow article 7.1 and will schedule the grievance post-shift. The department manager shall give his/her written decision to the xxxxxxx within three (3) working days of the above conference. Failing settlement, then: STEP 2 - A meeting will be scheduled with the Union Grievance Committee, a national representative of Unifor and Management and grievor upon request of either party, within thirty (30) working days of the receipt of the response to Step 1. Management shall give its written decision to the Union Committee within three (3) working days with a copy to the representative of Unifor. 7.3 Failing settlement at step 2, the Union will decide within sixty (60) days after receiving management’s written decision if it wishes to proceed to arbitration. The Board of Arbitration shall consist of a single arbitrator selected by the parties. Should the parties be unable to agree on the selection of the arbitrator, they shall request the Ontario Labour Management Arbitrator Commission to appoint an arbitrator from the Commission’s approved list of arbitrators. The arbitrator so selected or appointed shall consider, and determine the matters at issue which have been submitted for disposal and render a decision which shall be final and binding on all parties concerned. The arbitrator, however, shall not make any decision inconsistent with this Agreement, nor alter, modify or amend any part of this Agreement, but shall only consider the question in dispute. Each of the parties hereto shall bear its own arbitration expenses and jointly and equally bear the expenses, if any, of the arbitrator. 7.4 Any grievance, difference or dispute or alleged violation of this AgreementAgreement arising between the Company, and the Union shall be dealt with at Step 2, provided a written complaint is filed by the grieving party with the other party. 8.02 At 7.5 A claim by the Union or any employee that an employee has been unjustly discharged or suspended, shall be treated as a grievance and shall be taken up at Step 2 of the Grievance Procedure within seven (7) working days of the alleged occurrence. Such grievances may be settled under the Grievance Procedure or arbitration by: a) confirming the employer’s action in dismissal or suspension of the employee; b) reinstating the employee with full compensation for time formal discipline is imposed lost or; c) any other arrangement, which may be deemed just and equitable. 7.6 a) Any settlement of a complaint, grievance or at any stage arbitration award involving money, damages, will be paid to the employee the pay period next following the settlement of the grievance procedure, including or receipt of 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 advancearbitrator’s award. 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 notified, in writing to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following confirmed when such a meetingpayments are made.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 15.01 Any matters or complaints raised by an 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 union covered by the terms of this Agreement regarding the administrative interpretation alleged violation, or application of the Agreement, may be submitted as a complaint or grievance. An xxxxxxx effort shall be made without undue delay to settle any complaint or grievance which may arise between the Company and the union or an employee in the following manner: a) An employee who has a complaint shall discuss it with his/her supervisor or designate accompanied by his/her committee person. 8.02 At b) A full discussion with a view to resolving the time formal discipline is imposed complaint will be held between the supervisor or at any stage designate, the committee person and the employee involved. The supervisor or designate shall give an oral reply, as soon as possible; but in all cases, it shall be given within three (3) working days from the original presentation of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representative. complaint. c) In the case of suspension or dischargedischarge grievances, the Employer Step 3 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 Unitbe invoked within three (3) working days. 8.03 It is a) If the intent decision of the parties that complaints supervisor or designate at Step 1 does not settle the complaint to the satisfaction of employees shall be adjusted as quickly as possiblethe employee and the committee person, and it is understood that then 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 presented in writing (hereafter referred to as a grievance) to the Director employee's supervisor or his designate, within three (3) employee's working days by the committee person from the date on which the decision at Step 1 was rendered. The grievance form will supplied by the Company. The union shall attempt to identify the applicable Article(s) of Care the Collective Agreement allegedly violated and the date of the incident. b) A meeting will be held within fifteen three (153) working days after from the circumstances giving rise date upon which the written grievance was presented to it have occurredthe employee's supervisor or his designate. This discussion may include consultation, advice The meeting will be attended by the employee and assistance from others. If there is no settlement the committee person and supervisor of his/her designate and department head. c) The department head shall render a written decision on the grievance form and present to the committee person within nine three (93) working daysdays from the date of the meeting. d) The parties recognize the importance of full discussion and shall make every effort to settle the complaint grievance at either Step 1 or Step 2. a) Should the grievance proceed, it shall then be taken up as a grievance within nine (9) working days in presented by the following manner and sequence: The Union may present the grievance committee person to the Administrator, department head or herhis/his designate, who her designate within three (3) workings days from the date on which the decision at Step 2 was received by the committee person. b) A final effort at mutual settlement shall render her/his decision be made at a meeting to be held within five (5) working days after from the presentation of date upon which the grievance was presented to her/himthe department head. The parties mayLeadec Facility Manager and Union Chairperson will mutually agree to an agenda to outlining the grievances(s) to be heard at the Step 3 meeting. c) The union shall be represented at such meeting by the bargaining committee, if they so desire, meet to discuss committee person and the aggrieved employee. The Company shall be represented by Human Resource Manager and Department Head. d) The Company shall provide the union with its written decision on 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 within three (103) working days after from the decision is date of the meeting. e) The Company will produce at the Step 3 meeting, such pertinent disciplinary notices, production, payroll and attendance records pertaining to the aggrieved employee involved as may be necessary for the settlement of the grievance. f) The Company agrees that a written explanation shall be given for a grievance being denied 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 2 and Step 3. g) A monetary grievance settlement will be rendered in writing to issued on the Labour Relations Officer and first available payroll following the bargaining unit representative within ten (10) working days following such a meetinggrievance settlement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any (a) It is agreed that the fruitless controversies must be avoided and that every effort be made to maintain harmonious relations. To accomplish this, both parties will in every instance give prompt attention to disputes and will in good faith endeavour to settle all differences in accordance with the procedure provided herein. (b) A Joint Standing Committee shall be maintained to consist of two (2) non-bargaining unit employee or the Union has the right to lodge a grievance with respect to any matter arising out representatives of the interpretationCompany and two (2) employees appointed or elected by the Union, 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 and in the case of suspension a vacancy or dischargeprolonged absence, another shall immediately be appointed in his place. To the Employer Committee shall notify be referred by either party all questions which may arise as to 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 construction to be placed upon any clause of the parties that complaints of employees shall be adjusted as quickly as possibleAgreement or alleged violations thereof, 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 five (155) working days after following the occurrence of the circumstances giving rise to it have occurredthe questions or alleged violation. This discussion may include consultationPending a decision by the Joint Standing Committee, advice the directions and assistance from othersorders of the Company shall be maintained, carried out and given full effect until such dispute has been finally disposed as provided expressly established by the Agreement. If there is no settlement within nine (9) working days, it Such Joint Standing Committee 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 meet within five (5) working days after any question or difference shall have been referred to it, and shall render a decision within five (5) 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 first meeting and place suitable to such decision shall be binding upon both parties. . (c) If the decision is unsatisfactory, then Joint Standing Committee cannot reach an agreement on the grievance may be presented in question or difference referred to them at the following manner: Within ten request of either party hereto within three (103) working days after the decision is given at Step No. 1thereafter, the aggrieved employee, and/or the Grievance Committee a meeting shall meet with be held within a committee appointed by the Board of Directors further five (5) working days of the Manor to consider the grievance. At this stage the employee and/or the Grievance Joint Standing Committee may be accompanied by a at which meeting additional representative of the UnionCompany and International Representatives of the Union may be present. Failing agreement, then within five (5) working days thereafter the members of the Committee shall refer the matter to a Board of Arbitration, the representatives of each party to this Agreement to select one (1) arbiter, and the two (2) to agree upon a third, who shall be disinterested party and who will act as Chairman/woman of the Board. The Board shall require the affirmative vote of at least two (2) members of the Board to decide the issue, and the decision of the committee Board shall be final and binding on the parties hereto. The cost of the Board of Directors will Chairman/woman shall be rendered borne equally by the parties. Time limits mentioned may be extended by mutual agreement. (d) Except, as provided in writing Section 13, any employee who has been discharged and believes the discharge unjustified, shall have the right to appeal to the Labour Relations Officer and Union. Upon demand, the bargaining unit representative within ten (10) working days following such Company shall give the employee a meetingreason for discharge in writing, provided that should the matter subsequently be referred to arbitration, the Company shall not be confined to the reason so given. Either the Company or the Union may carry the appeal to the Joint Standing Committee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee a. A “grievance” within the meaning of this Agreement is a claim arising under or related to this Agreement by the Union has or an individual Employee, or group of Employees, filed during the term of this Agreement, that the right or rights of such Employee, or group of Employees, have been violated contrary to lodge this Agreement. Such grievance must be presented in a verifiable manner such as a dated e-mail, certified mail or grievance that has been signed and dated by recipient, etc. within seven calendar days after the aggrieved party has or should have had knowledge of the alleged violation or it will not be processed under or be subject to this procedure. b. Any Employee or group of Employees shall have the right at any time to present a grievance to the Employer, pursuant to the procedure set forth in Section 3 of this Article, and to have such grievance adjusted without the assistance of the Union, provided the adjustment is not inconsistent with respect the terms of this Agreement. In such case, a Union xxxxxxx shall be notified and given the opportunity to be present at a meeting where such grievance is resolved; provided, however, that the Union xxxxxxx shall not be prevented from speaking at such meeting to object to any matter arising out of settlement which would violate the interpretation, application or alleged violation terms of this Agreement. 8.02 At Section 2. The parties agree that all disputes, complaints and issues must first be addressed between the time Employee and the Employee’s immediate supervisor (or, if related to the Employee’s immediate supervisor, the Employee may address the dispute, complaint or issue to the immediate supervisor’s supervisor). Such discussion is not a formal discipline part of this grievance procedure; rather, it is imposed the kind of communication which is necessary to a constructive and efficient relationship and operation. In an effort to avoid the filing of frivolous grievances, a Union official may utilize this Section 2 to communicate directly with an Employer management representative. If such dispute, complaint or at any stage issue is not satisfactorily resolved in this discussion, the Employee and/or the Union may elect to file a formal grievance. Section 3. Should a grievance arise between the Employer and the Union or the Employer and an Employee or Employees, the following procedure shall be utilized: Step 1. The xxxxxxx or union representative shall reduce the grievance to writing (on a form provided by the Union) and present it to the Superintendent or his/her designee. A Step 1 meeting will be held between the Superintendent or his/her designee and the xxxxxxx. Such Step 1 meeting will be scheduled by mutual agreement between the Superintendent and the xxxxxxx, but such meeting must be held within seven calendar days of the date the grievance procedureis presented to the Superintendent. The Superintendent or his/her designee will answer the grievance no later than five calendar days after the grievance has been discussed at the meeting provided for under this step, including unless a written extension of time is mutually agreed upon. Step 2. If the complaint stage, a nurse grievance is entitled to be represented by her/his union representative. In not satisfactorily settled in the case of suspension or dischargeStep I, the Employer grievance shall notify be appealed in writing to the nurse of this right in advanceDirector or his/her designee not later than ten calendar days after the Union receives the Employer’s Step 1 answer. The Employer also agreesshall arrange, as in consultation with the Union, a good labour relations practice, it mutually convenient time to meet and discuss the grievance. This meeting will also notify the Bargaining Unit. 8.03 It is the intent be held within ten calendar days of the parties that complaints of employees shall be adjusted as quickly as possible, and it is understood date that the Union has appealed the grievance from Step 1. The Director or his/her designee will answer the grievance 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 later than ten calendar days after the circumstances giving rise to it have occurredmeeting provided for under this step unless a written extension of time is mutually agreed upon. Section 4. This discussion may include consultation, advice and assistance from othersGrievances challenging suspensions or discharges for just cause shall be filed directly at Step 2. Section 5. Arbitration‌ a. 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 Administratoris not satisfactorily settled at Step 2, 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 submitted for arbitration not later than fifteen calendar days after the decision is given at Union receives the Employer’s Step No. 12 answer. b. Upon the making of a proper and timely written request for arbitration, the aggrieved employeeEmployer and the Union shall attempt to agree upon an arbitrator to decide said issue. In the event that the parties have not agreed upon the selection of an arbitrator within fifteen calendar days after the request for arbitration has been made, and/or either party may ask the Grievance Committee shall meet with Federal Mediation and Conciliation Service for a committee appointed by the Board list of Directors seven persons who are members of the Manor to consider National Academy of Arbitrators for selection as an impartial arbitrator. Either party may ask for a second panel. The Union and the grievanceEmployer shall strike a name alternately, beginning with the Union, until one name remains. At this stage The remaining person shall act as such impartial arbitrator, and the employee and/or the Grievance Committee Federal Mediation and Conciliation Service shall be promptly notified of such selection. Only one grievance may be accompanied by a representative presented at the arbitration hearing before any one arbitrator at any one time unless the parties mutually agree otherwise. c. The fees and expenses of the arbitrator so selected, if any, shall be split equally between the Employer and the Union. The total cost of any stenographic record or transcript which may be made, and all copies thereof, shall be paid for equally by both parties. If, however, only one party wants a transcript, that party shall be responsible for the cost of the transcript. In such case, the other party shall not receive a copy of the transcript for any purpose. d. The authority of the arbitrator shall be limited to the construction and application of this Agreement (as defined in Section 1), as applied to the specific grievance referred to him/her for arbitration. The arbitrator shall have no authority or jurisdiction, directly or indirectly, to add to, subtract from, or amend any of the specific provisions of this Agreement or impose liability not explicitly expressed. No management right shall in any manner be taken away from the Employer or limited or modified in any respect, except only to the extent that this Agreement clearly and explicitly expresses a written intent and agreement to divest the Employer of such right. The decision of the committee arbitrator shall be final and binding upon the Union, the Employees covered by this Agreement, and the Employer. e. There shall be a financial obligation on the Employer for any violation only if the grievance arose during the term of this Agreement and is filed and processed in conformity with the Grievance Procedure herein provided. There shall be no liability extending prior to the effective date of this Agreement. f. Time is of the Board essence in the filing and processing of Directors grievances as set forth in this Article. By mutual agreement and for good cause, reasonable extensions of time may be given either party in writing at any step in the grievance procedure. Any grievance that is not filed or not appealed to the next step in writing within the specified time limits or written extension of time limits will be rendered considered settled on the basis of the last decision given. Any grievance that is not answered within the time limits or extension of time limits will be considered as having been denied. g. All grievances must be in writing and shall set forth all relevant information, including: - date of violation; - article and section of the Agreement violated (or practice relied on); - all facts related to the Labour Relations Officer alleged violation; - and remedy sought. h. In discipline cases involving discharge, if the bargaining unit representative within ten (10) working days following such a meetingarbitrator finds that the discharge violated the Agreement, the arbitrator may order reinstatement with or without back pay or with some amount less than full back pay. i. In any arbitration hearing under this Article, each party will be responsible for their representatives and witnesses.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 14.01 The procedure for resolving differences between the parties bound by this Agreement concerning its interpretation, application, operation or any violations thereof shall be as follows: (a) All differences must first be raised verbally between the employee and the employee’s supervisor. These individuals shall meet promptly to resolve the grievance. If the grievance cannot be resolved, the employee shall file the grievance in writing within seven (7) working days. The written grievance shall include the description of the differences and, if possible, the parts of the Agreement that are alleged to have been violated and the remedy sought. This time limit is mandatory and if it is not complied with (provided it has not been waived by the parties) the grievance shall be deemed to be abandoned. (b) The employee's Department Head, the employee and Shop Xxxxxxx shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within five (5) days of its being filed, the grievance will automatically be referred to the Divisional Manager. (c) The Agency Manager or his designate in the event that he is absent, and a Representative of the Union, shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within ten (10) days of its being referred to the Agency Manager, it shall automatically be referred to an Arbitration Board under Article 14.02. 14.02 Any employee or grievance and/or dispute between the Employer and the Union has the right to lodge a grievance with respect to any matter arising out of and/or employees, involving the interpretation, application or any alleged violation violations of this Agreement, may be referred by either party to a Board of Arbitration. 8.02 At 14.03 Where the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled parties elect to be represented by her/his union representative. In the case of suspension or dischargeproceed to Arbitration, the Employer shall notify Arbitration Board, consisting of one (1) representative selected by the nurse of this right in advance. The Employer also agreesEmployer, as a good labour relations practiceand one (1) representative selected by the Union, 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 appointed within five (5) working days after written request has been received. If either party fails to appoint or select its representative within the presentation time specified herein, the other party may appeal to the Labour Relations Board to make the appointment. The two (2) arbitrators selected shall meet, within forty-eight (48) hours after appointment, and shall select a Chairman of the grievance Arbitration Board. If they are unable to her/himagree upon the selection of a Chairman within twenty-four (24) hours, either of them may then request the Labour Relations Board to appoint a Chairman. 14.04 The Arbitration Board shall not have power to change, modify, extend or amend this Agreement or to award costs or damages against either party. The parties mayArbitration Board shall have the power to order, if they so desireit deems proper that any employee who has been wrongfully suspended, meet to discuss the grievance at a time discharged or otherwise disciplined, shall be reinstated without loss of pay and place suitable to both partieswith any other benefit under this Agreement which he may have lost. If the A majority 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 board shall constitute the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative of the Unionaward. The decision of the committee board shall be binding on both parties. 14.05 Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Board of Directors will Chairman shall be rendered shared equally between the parties. 14.06 By mutual agreement by both the Union and the Employer, a single arbitrator may be selected to resolve the dispute in accordance with Article 14.03. 14.07 The Employer and the Union may mutually agree in writing to waive any of the Labour Relations Officer time limits set out in this Article. 14.08 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the bargaining unit representative within ten (10) working days following such satisfaction of the parties concerned, it may be treated as a meetinggrievance and referred to arbitration in the same way as a grievance of an employee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge For purposes of this Agreement, a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitrable. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, procedure a nurse is entitled to be represented by her/his union representativetheir xxxxxxx. 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 mutual desire of the parties hereto that complaints of employees nurses shall be adjusted as quickly as possible, and it is understood that the Union a nurse has no grievance concerning an individual nurse until they have first given their immediate supervisor the Director of Care or her/his designate has been given an opportunity of adjusting the their complaint. Such complaint shall be discussed with the Director of Care their immediate supervisor within fifteen nine (159) working calendar days after the circumstances giving rise to it have occurredoccurred or might reasonably to have come to the attention of the nurse. This discussion may include consultation, advice and assistance from others. If there is no Failing settlement within nine (9) working dayscalendar days of such discussion, it the matter shall then be taken up as dealt within the following manner and sequence. Step 1 - The xxxxxxx may submit a written grievance, signed by the nurse, to the Executive Director. The grievance shall identify the nature of the grievance and the remedy sought and shall identify the provisions of the Agreement which are alleged to be violated. The Executive Director will deliver his decision in writing within nine (9) working calendar days in following the following manner and sequence: The Union may present day on which the grievance was presented to the Administratorthem. Failing settlement, or her/his designate, who shall render her/his decision within five then: Step 2 - Within nine (59) working calendar 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 following 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 grievance may be submitted in writing to the Executive Director or his designate. A meeting will then be held between Management and the Grievance Committee shall meet with a committee appointed by the Board of Directors within nine (9) calendar days of the Manor to consider submission of the grievance, unless extended by agreement of the parties. At this stage the employee and/or the Grievance Committee may be accompanied by It is understood and agreed that 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.CLAC, Local

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or 25.01 The Employer acknowledges the right of the Union has to select a reasonable number of Shop Stewards to assist employees in presenting complaints or grievances to the right to lodge a grievance Employer. There shall be one Shop Xxxxxxx recognized in each of the following departments at the defined locations: Sault Ste. Xxxxx Brewery and Brewery Delivery Sudbury Brewery, Mechanical and Delivery There shall be at least one additional Alternate Xxxxxxx in each of the said departments. The Alternate Stewards shall act in the absence of the regular Xxxxxxx with respect to any matter grievance arising out in his department. 25.02 The Union shall appoint a Shop Committee of four employees from the Bargaining Unit or three employees from the Bargaining Unit plus one executive member of the interpretation, application or alleged violation of this AgreementLocal Union. 8.02 At 25.03 For the time formal discipline is imposed or at any stage purpose of the grievance procedure, including the complaint stagehead xxxxxx, a nurse is entitled to or in his absence, his nominee, will be represented by her/his union representative. In the case department head in the various departments 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 Unitbrewery. 8.03 It is the intent of the parties that 25.04 The procedure for handling complaints or grievances of employees shall be adjusted as quickly as possiblefollows: An employee who has a complaint or question shall ordinarily discuss the matter with the head of the department, but if this does not satisfy him, or if for any reason his complaint is of such a nature that he prefers to refer it to his Xxxxxxx first, he may do so. 25.05 If a complaint or grievance is referred by an employee to his Xxxxxxx and the Xxxxxxx considers that there may be a reasonable basis for the complaint or grievance, he shall present the matter to the head of the department of the employee within fifteen working days from the time such grievance arose or became apparent, and it is understood that the Union has no shall endeavour to arrange a satisfactory settlement. A 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 presented after the circumstances giving rise to it have occurred. This discussion may include consultation, advice and assistance from othersaforementioned time limit shall not be arbitrable. If there is no such settlement within nine (9) working dayscannot be arranged, it the Xxxxxxx shall then be taken up as a grievance within nine (9) working days in the following manner and sequence: The Union may present state the grievance to in writing in duplicate and give the Administrator, or her/his designate, who shall render her/his decision within five (5) working days after the presentation heard of the grievance department 24 hours to her/him. The parties may, if they so desire, meet to discuss the grievance at provide a time and place suitable to both partieswritten answer. If this answer is not satisfactory, the decision is unsatisfactory, then next step of the grievance procedure 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 meetinginvoked.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee 12.01 All time periods specified in this Article are exclusive of regular days of rest and Company-recognized holidays. Time periods may be extended by mutual agreement between the parties. Extension of the time period shall be granted or denied by either party within two (2) days of the request and the time required for the reply will be added to the time period in question. All requests and replies shall be made in writing. (a) Employees who feel they have been unfairly treated shall take up their complaint in the following manner: Step 1. Discuss with the immediate Supervisor with or without their Xxxxxxx within ten (10) days of the date of occurrence or the Union has date they were first aware of, or reasonably could have been aware of, the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation of this Agreementoccurrence. The immediate Supervisor shall give their answer within three (3) days. 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 representativeStep 2. In the case of suspension or dischargeevent a settlement cannot be reached in Step 1, the Employer matter shall notify be presented in writing to the nurse immediate Supervisor within three (3) days of this right in advancethe Supervisor's previous decision. The Employer also agrees, as Supervisor shall render a good labour relations practice, it will also notify the Bargaining Unitdecision in writing within three (3) days. 8.03 It Step 3. In the event settlement cannot be reached in Step 3, the matter shall be referred to the Union Committee. If the Union Committee feels that the employee's complaint is justified, the intent matter will be presented in writing to the Plant Manager within ten (10) days of the parties that complaints of employees Department Supervisor's decision. The Plant Manager or the Plant Manager's delegated authority shall be adjusted as quickly as possible, and it is understood that meet with 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 Committee 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 discuss the grievance to the Administrator, or her/his designate, who and shall render her/his a written decision within five (5) working days of the meeting with the Union Committee. (b) In respect of any grievance involving a group or groups of employees, the grievance procedure may be commenced at the step involving the designated official of the Company having jurisdiction over the employees affected or the subject matter concerned. (c) All time periods specified in Steps 1 and 2 may be extended by mutual agreement. 12.03 Any grievance, question or matter which has proceeded through the procedures set forth above and is not settled to the satisfaction of both parties to this Agreement, may be submitted to a single Arbitrator, as is mutually agreed upon by the parties, or, upon mutual agreement of the parties, to a Board of Arbitration upon written notification by either party to the other. Such notification shall be given within thirty (30) days of the completion of the procedure taken above, otherwise the Plant Manager's decision shall become final and binding. 12.04 Where either party to this Agreement requests that a grievance, question or matter be submitted to arbitration, that party shall make such request in writing, addressed to the other party to this Agreement within the time limit prescribed in Clause 12.03 above and, in the case of a Board of Arbitration, at the same time nominate an Arbitrator. The notice shall state the matter at issue and in what respect the Agreement has been violated or misinterpreted by reference to the specific clause or clauses relied upon. The notice shall also state the nature of the relief or remedy sought. 12.05 Upon mutual agreement to a Board of Arbitration as referred to in Clause 12.04 the other party will nominate an Arbitrator within five (5) days. Should such party fail to appoint an Arbitrator within five (5) days, the first party may request the Federal Minister to appoint such an Arbitrator. 12.06 The two (2) Arbitrators so nominated shall meet within five (5) days and shall attempt to select by agreement a third member who shall act as Chairperson of the Arbitration Board. If they are unable to agree upon the selection of a Chairperson within a further period of five (5) days, the Federal Minister of Labour shall be asked to name an impartial Chairperson. 12.07 The Arbitrator or Board of Arbitration should commence its hearings on the matters presented to it as soon as possible after the presentation appointment of the Board’s Chairperson or a single Arbitrator. 12.08 The Arbitrator or Board of Arbitration shall have the authority to determine whether the case before it is in fact a matter for Arbitration. 12.09 The Arbitrator or Board of Arbitration shall have the authority only to interpret the existing provisions of this Agreement and apply them to the specific facts of the grievance or dispute. 12.10 The Arbitrator’s or Arbitration Board's decision shall be in writing and shall be final and binding upon the parties to her/him. The parties may, if they so desire, meet to discuss the grievance at a time this Agreement 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 upon any employee affected 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 Uniondecision. The decision of the committee majority shall be the decision of the Board Arbitration Board. 12.11 Each party shall bear the expense of Directors will its nominee. The fees and expenses of the Chairperson shall be rendered shared equally between the parties. 12.12 In the event employees are discharged or suspended and feel they have been unfairly treated, they shall file their appeal in writing to Step 3 of the Labour Relations Officer and the bargaining unit representative grievance procedure within ten (10) working days following such a meeting.seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any (a) A grieving employee or the Union has the right to lodge must present a grievance in writing, dated and signed, with respect to any matter arising out a statement of the facts complained of to the Manager or an official of the Employer. No grievance will be considered by management if it is not received within five (5) working days from the date of the violation or five (5) working days from the date the alleged violation became known to the grievor. (b) The duly authorized representatives of both parties shall meet on the request of either party to discuss any differences or disputes which may arise with regard to the meaning, interpretation, application or alleged violation of this Agreement. These representatives shall attempt to resolve such differences. 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. (c) In the case of suspension event the Union or discharge, the Employer shall notify the nurse of this right in advance. The Employer also agrees, as has 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 daysgrievance, it shall then be taken up as a grievance within nine (9) working days in the following manner and sequence: The Union may present responsibility of the grievance grievor to advise the Administrator, or her/his designate, who shall render her/his decision other within five (5) working days after the presentation of the grievance to her/him. The parties may, if they so desire, meet to discuss alleged violation of the grievance at Agreement and by such notification arrange 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 meeting within a further five (105) working days after between the decision is given at Step NoGeneral Manager or his/her designate and a duly accredited principal officer of the Local Union or his/her designate. 1Should the grieving party fail to reach a satisfactory settlement, the aggrieved employee, and/or the Grievance Committee final settlement shall meet with be referred to a committee appointed by the Board of Directors Arbitration. (d) If the representatives of the Manor parties are unable to consider agree on any such question within two (2) weeks, it shall be submitted to an Arbitration Board consisting of three (3) members (e) The Board of Arbitration shall not have the grievanceright to alter or change any provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. At this stage Where an Arbitration Board finds that the Employer has violated the Agreement and such violation has resulted in loss of earnings for the employee and/or or employees concerned, such Arbitration Board shall have the Grievance Committee right to direct compensation for such employee or employees. (f) The parties may by mutual agreement appoint a single arbitrator in place of an arbitration board. The single arbitrator will have the same powers as those of an Arbitration Board as set out in Section 5.01 (e). (g) Any employee when called into the Employer's office for any discussions concerning disciplinary actions or a grievance may, upon request, be accompanied by a representative xxxxxxx and/or Business Representative. (h) Officers of the Union. The decision Local Union and/or Business Representatives shall be allowed, upon notification, to enter the Employer's premises to deal in the administration of the committee Agreement providing they do not interfere with the normal operations of the Employer. (i) All monetary grievances that are mutually agreed upon shall be paid the following pay day by separate cheque. (j) If, at any time during the above mentioned steps, the grievance has not been processed by the grievor, his/her representatives or agents in accordance with the time limits as prescribed, the grievance shall be deemed to have been withdrawn. SECTION 5.02 The Employer shall not discipline an employee without prior warning unless the circumstances justify immediate discharge and shall not impose disciplinary penalties which are unreasonable or unjust. In the event of a claim that any employee has been discharged or disciplined unjustly or unreasonably, the claim shall be subject to the grievance and arbitration procedure provided in this Agreement. SECTION 5.03 Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of the Canadian Joint Grievance Panel established for this purpose by the Companies and the Local Unions. This Committee will render a decision unless it is deadlocked which shall be final and binding and have the same powers as a Board of Directors will be rendered Arbitration established under Section 5.01. In the event that the Canadian Joint Grievance Panel is unable to render a majority decision, the grieving party must within seven (7) days from the date the Canadian Joint Grievance Panel declares a deadlock, unless they wish to withdraw the grievance, proceed to arbitration as outlined in writing to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meetingSection 5.01 of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge Section 6.01 In this Article a grievance with respect to shall consist only of a dispute concerning interpretation and application of any matter arising out clause in this Agreement and alleged violations of the interpretationAgreement. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, application the question may be taken up through the Grievance Procedure and determined, if necessary, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps: (a) By conference between the aggrieved employee and the Branch Manager or his designate. Failing settlement, the grievance must be submitted in writing within seven (7) calendar days from the date of the alleged violation of this Agreementthe Agreement or from the date the alleged violation became known to the grievor. The grievor shall be accompanied by the Union Xxxxxxx, and if deemed necessary by the Union, he shall also be accompanied by the Business Representative of the Union. The Branch Manager or his designate shall render his decision in writing within seven (7) calendar days from the date the grievance was first submitted to him. 8.02 At (b) Should the time formal discipline is imposed or at any stage parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance procedure, including may be submitted to the complaint stage, a nurse is entitled to be represented by her/his union representative. Arbitration Board as outlined below. Section 6.03 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 event the Union or the Company 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 daysa grievance, it shall then be taken up as a grievance within nine (9) working days in the following manner and sequence: The Union may present responsibility of the grievance grievor to advise the Administrator, or her/his designate, who shall render her/his decision other within five (5) working days after the presentation of the grievance alleged violation of the Agreement and by such notification arrange a meeting within fourteen (14) calendar days between the General Manager or his designate and a fully accredited Union Agent. Should the grievor fail to her/him. The parties reach a satisfactory settlement, the dispute may, if they so desireby mutual agreement, meet be submitted to discuss a Board of Arbitration. Section 6.04 Grievances dealing with discharges and suspension shall be registered in writing within six (6) calendar days (Saturdays, Sundays, and Statutory Holidays excluded) from the grievance at a time of the discharge or suspension and place suitable to both parties. If shall commence with Section 6.02 (a) of the decision is unsatisfactory, then Grievance Procedure. Section 6.05 Suspension for the grievance may be presented in the following manner: Within investigation of an accident shall not exceed ten (10) working days after (Saturdays, Sundays and Statutory Holidays excluded). Employees shall be paid for all lost time during said investigation period should it be found that they were not at fault. Section 6.06 It shall be 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 responsibility of the Manor party desiring arbitration to consider so inform 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 other party in writing to in the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meeting.case of:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any complaint alleging violations, misinterpretation or of the terms of this Agreement relating to the rates of pay, wages, hours of work or any other working conditions shall be first taken up orally by the employee with the employee's immediate supervisor, the employee may request that his xxxxxxx be present and such request shall be granted. When an employee wishes lo see his Union representative he shall notify his supervisor who will inform his representative of the request. Any remedy reached at this level of the grievance procedure will not be precedent setting. If after the above oral discussion has taken place, any such complaint which remains unsatisfied may then be reduced to writing by the xxxxxxx, on the form provided by the Company and signed by the employee and shall then constitute a grievance. All grievances should as far as possible, identify the articles, clause or clauses of the Union has the right Agreement which are claimed to lodge have been violated. A grievance may arise only from a grievance with respect to any matter arising out of dispute concerning the interpretation, application application, administration or alleged violation of this Collective Agreement. 8.02 At . A grievance will be submitted in the time formal discipline is imposed following manner: The employee, or at any stage his xxxxxxx, or in the absence of the grievance procedure, including the complaint stagexxxxxxx, a nurse member of the Bargaining Committee shall, with the consent of the aggrieved employee, take up the grievance in writing directly with his xxxxxxx. The xxxxxxx shall give his answer in writing to the grievance not later than the second (2nd) working day following the day upon which he received the grievance. If the decision of the is entitled not acceptable to the employer,, it shall be represented in writing to the General Supervisor within three (3) working days from receipt of xxxxxxx'x decision in Step above. may be accompanied by her/his union representativexxxxxxx if he so desires. The General Supervisor shall give his answer in writing the grievance not later than the third (3rd) working day upon which he received the grievance, receipt of the General Supervisor's decision in Step Resources Manager shall arrange a ing the Grievance and the Human Resources Manager shall give his writing in seven (7) calendar days the date of the meeting. the Company, the xxxxxxx all witnesses shall testify at the Step Grievance meeting. Lead hands may relieve the above mentioned for the purpose of their the Third Step without undue delay. In the case that arbitration of suspension or discharge, a grievance is desired by either party then 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 other party 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 notified in writing not later than ten (1510) working days after receipt of answer at Step above. Such notice shall contain the circumstances giving rise name of the appointee to it have occurreda of Arbitration by the party invoking arbitration and the article or articles alleged lo been violated. This discussion may include consultation, advice and assistance from others. If there is no settlement 'The recipient of the notice within nine five (95) working days, it shall then be taken up as a grievance within nine (9) working days in advise the following manner and sequence: The Union may present other party of the grievance name of its appointee to the Administratorof Arbitration. two (2) selected shall, 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 mayment of the second of them, if they so desire, meet to discuss the grievance at appoint a time and place suitable to both partiesthird party who shall be chairman. If the decision is unsatisfactory, then two parties fail to agree on a within the grievance may be presented in the following manner: Within ten (10) working days after the decision is given at Step No. 1time limit, the aggrieved employeeMinister of Labour for the Province of Ontario, and/or the Grievance Committee upon request of 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 Unionappoint an impartial chairman. The majority decision of the committee of the Board of Directors will Arbitration shall be rendered final and binding the parties and upon any employee affected by it. The Board of Arbitration shall not have jurisdiction to alter or to change any of the provisions of this Agreement, nor to substitute any new provisions in writing lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement, nor to deal with any matter not covered by this Agreement. Each party shall bear its own costs and the fees and expenses of its own representative. The fees and expenses of the chairman shall be shared equally by the parties. No grievance shall be considered if it has not been processed according to the Labour Relations Officer above provisions of this Article and Article or if the bargaining unit representative within ten alleged circumstances giving rise to the grievance occurred more than three (103) working days following such a meetingprior to the submission of the grievance or could fairly be assumed to have come to the notice of the three (3) working days prior to submission within the time limits as set forth in all the provisions of this Article and Article then the grievance shall be considered to have been dropped. Notwithstanding the above, it is understood that the time limits fixed by this Article and Article may at any time be extended by written agreement between the Company and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee A grievance involving the interpretation or the Union has the right to lodge application of a grievance with respect to any matter arising out specific section 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 Agreement 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 submitted 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 occurrence of the Manor to consider event in accordance with the grievancesteps hereinafter set forth. At this stage Under no circumstances, however, may an employee's grievance be submitted after the employee and/or the Grievance Committee may be accompanied by a representative passage 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 from the date he/she knew or should have known of the event giving rise to the grievance. Verbal attempts to resolve the grievance do not extend this time period for filing the written grievance. No employee shall receive any discipline except for just cause. A Union representative will be allowed at all disciplinary hearings. Step 1. The aggrieved employee with his Union, if he/she so desires, and the Supervisor shall meet in an effort to adjust the grievance. If unable to do so, it may be submitted to the next step by stating the grievance in writing, specifying the section of the agreement involved, and giving a copy to the appropriate Principal within seven (7) working days after the above meeting. Step 2. The Principal will answer the grievance in writing within seven (7) work days after he/she receives it. Step 3. If not satisfactory to the employee, the grievance may be submitted within seven work days, thereafter to the Superintendent or his/her designee who shall answer the grievance in writing within seven work days after the day of the above meeting. Step 4. If unsatisfactory, the grievance may be submitted to the Board at its next regularly scheduled meeting at which time the Board will schedule a hearing for the grievance within fourteen (14) work days after its hearing. Step 5. If the grievance is not settled it may be submitted, at the request of the Union only, to arbitration before a panel of the Connecticut State Board of Mediation and Arbitration. The Union's request for arbitration shall be in writing and must be filed with the Board of Arbitration no later than ten (10) work days after receipt of the written answer of the Board of Education under Step 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge a grievance with respect to Section 1. The term "grievance" shall mean any matter arising out of dispute concerning the interpretation, application application, enforcement, violation or alleged violation meaning of this Agreementagreement. 8.02 At Section 2. Any grievance that falls within the time formal discipline is imposed or at any stage jurisdiction of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her/his union representative. In the case Chief 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 Police shall be adjusted as quickly as possible, submitted first to the Chief by Local 25 or a member of Local 25 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 xxxxxxx effort shall be discussed with made by a member of Local 25 and the Director of Care within fifteen (15) working days after the circumstances giving rise Chief 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 adjust 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 partiesin an informal manner. If the decision grievance is unsatisfactorysuch that it cannot be adjusted within forty-eight (48) hours after the same has been submitted to the Chief of Police, then the grievance may matter shall 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 submitted to the Board of Directors Selectmen of the Manor Town in accordance with the following procedure: A. Any grievance that has been appealed from the Chief of Police or any grievance relative solely to consider wages, hours, or conditions of employment or any grievance the grievance. At this stage resolution of which shall require an expenditure of money by the employee and/or the Grievance Committee may Town shall be accompanied by a representative of the Union. The decision of the committee of referred to the Board of Directors will Selectmen for adjustment. The grievance shall first be rendered in reduced to writing and presented to the Labour Relations Officer Board of Selectmen. B. The Board shall have a period of fourteen (14) days in which to act upon said grievance. If the Board so desires, it may conduct a hearing relative to said grievance within the fourteen (14) day period and render its decision within three (3) days subsequent to the bargaining unit representative closing of the hearing. C. If the Board takes no action within ten the fourteen (1014) working days following such a meetingday period after the grievance has been submitted to it in writing, or, if Local 25 or member of Local 25 is not satisfied with the Board's decision, then the matter shall be referred to the American Arbitration Association for the selection of an arbitrator for the submission to final and binding arbitration in accordance with the provisions of Section 8 and Section 9 of General Laws Chapter 150E. D. Any grievance hereunder submitted to the Board of Selectmen for adjustment or later appealed or referred to the American Arbitration Association for hearing before an arbitrator shall be limited to the written grievance as submitted to the Board of Selectmen.

Appears in 1 contract

Samples: Memorandum of Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge For purposes of this Agreement, a grievance with respect is defined as a difference arising between the parties relating to any matter arising out of the interpretation, application application, administration or alleged violation of this Agreementthe Agreement including any question as to whether a matter is arbitrable. 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse an employee is entitled to be represented by herhis/his union her Union representative. In the case of suspension or discharge, the Employer shall notify the nurse employee 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 mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that the Union an employee has no grievance concerning an individual nurse until he/she has first given his/her immediate supervisor the Director of Care or her/his designate has been given an opportunity of adjusting the his/her complaint. Such complaint shall be discussed with the Director of Care his/her immediate supervisor within fifteen ten (1510) working calendar days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice occurred or ought reasonably to have come to the attention of the employees and assistance from others. If there is no failing settlement within nine ten (910) working days, it shall then be taken up as a grievance within nine (9) working calendar days following advice of his/her immediate supervisor's decision in the following manner and sequence: The Union employee may present submit a written grievance signed by the grievance employee, to the Administrator, Manager of Labour Relations or her/his designate, who . The grievance shall render her/his decision within five (5) working days after be in writing and shall identify the presentation nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Manager of Labour Relations or designate will deliver her decision in writing within ten (10) calendar days following the day on which the grievance was presented to her/him. The parties mayFailing settlement, 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 mannerthen: Within ten (10) working calendar days after following the decision is given at in Step No. 1, the aggrieved employee, and/or grievance may be submitted in writing to the Manager of Labour Relations or designate. A meeting will then be held between management and the Grievance Committee shall meet with a committee appointed by the Board within ten (10) calendar days of Directors submission of the Manor to consider grievance at Step No. 2 unless extended by agreement of the grievanceparties. At this stage the employee and/or the Grievance Committee may be accompanied by It is understood and agreed that a representative of the UnionOntario Federation of Healthcare Workers and the grievor may be present at the meeting. The decision of the committee of the Board of Directors will Employer shall be rendered delivered in writing to the Labour Relations Officer and the bargaining unit representative within ten (10) working calendar days following the date of such a meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (a) All disputes, differences or grievances as to the interpretation or application of the provisions of this Agreement shall be settled in the following manner: The Union shall give written notice of the nature of the dispute, difference or grievance to the duly designated representative of the Employer. After receipt of such notice by the Em­ ployer, the duly authorized officials of the Union has the right to lodge and a grievance with respect to any matter arising out duly designated representative of the interpretationEmployer shall confer to adjust such dis­ pute, application difference or alleged violation grievance. In the event such dispute, difference or grievance shall not have been satisfactorily adjusted between the parties in the manner provided above, then such dispute, difference or grievance shall be referred to arbitration by either party by notice in writing. Upon the giving of such notice in writing by one party to the other, the parties shall mutually agree upon an impartial arbitrator who, in cases in­ volving discharge will hold hearings within approximately thirty (30) days after accepting appointment. If this does not occur in such cases, the expedited arbitration procedure of the American Arbitration Association may be utilized by the submitting party. If no agree­ ment upon an impartial arbitrator is reached within five (5) days after the giving of such notice of intention to arbitrate, either party may apply to the American Arbitration Asso­ ciation for the appointment of such impartial arbitrator. (b) The decision of said arbitrator shall be final and binding upon the parties. The parties further agree that there shall be no suspen­ sion of work when any such dispute, difference or grievance arises and while it is in the pro­ cess of adjustment or arbitration. The parties agree that the expenses of arbitration shall be borne equally between them. (c) Any member of the Union who shall, at the direction of the arbitrator, be required to testify at any arbitration procedure shall not suffer any loss in wages by reason thereof. (d) A dispute, difference or grievance con­ cerning the discharge of an employee shall be deemed waived unless, within ten (10) calen­ dar days after the date of discharge, the Union gives written notice of such dispute, differ­ ence or grievance to the duly designated representative of the Employer. (e) Neither party shall utilize any coercive or retaliatory measure to compel the other party to accede to its demands. (f) The arbitrator shall not have the power to arbitrate provisions of a new agreement, to arbitrate away, in whole or in part any provi­ sion of this Agreement, and shall not have the power to add to, delete from or modify the provisions of this Agreement. 8.02 At (g) The shop xxxxxxx or Union representa­ tive has the time formal discipline is imposed or at right to be present during any stage corrective interview between an official of the grievance procedure, including the complaint stage, Employer and a nurse is entitled to be represented by her/his union representative. In the case member 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 concerning discipline or the application of the interpretation of this Agreement. An employee has the right to request the presence of a Union representative within ten (10) working days following such a meetingor shop xxxxxxx at any investigatory interview which the employee reasonably believes might result in disciplinary action.

Appears in 1 contract

Samples: Union Contract

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 14.01 The procedure for resolving differences between the parties bound by this Agreement concerning its interpretation, application, operation or any violations thereof shall be as follows: (a) All differences must first be raised verbally between the employee and the employee's supervisor. These individuals shall meet promptly to resolve the grievance. If the grievance cannot be resolved, the employee shall file the grievance in writing within seven (7) working days. The written grievance shall include the description of the differences and if possible the parts of the Agreement that are alleged to have been violated and the remedy sought. This time limit is mandatory, and if it is not complied with (provided it has not been waived by the parties), the grievance shall be deemed to be abandoned. (b) The employee's Supervisor, the Distribution Manager, the employee and Shop Xxxxxxx shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within five (5) days of its being filed, the grievance will automatically be referred to the President. (c) The President, or his designate in the event that he is absent, and a Representative of the Union, shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within ten (10) days of its being referred to the President, it shall automatically be referred to an Arbitration Board under Article 14.02. 14.02 Any employee or grievance and/or dispute between the Employer and the Union has the right to lodge a grievance with respect to any matter arising out of and/or employees, involving the interpretation, application or any alleged violation violations of this Agreement, may be referred by either party to a Board of Arbitration. 8.02 At 14.03 Where the time formal discipline is imposed parties elect to proceed to Arbitration, the Arbitration Board, consisting of one (1) representative selected by the Employer, and one (1) representative selected by the 14.04 The Arbitration Board shall not have power to change, modify, extend or at amend this Agreement or to award costs or damages against either party. The Arbitration Board shall have the power to order, if it deems proper that any stage employee who has been wrongfully suspended, discharged or otherwise disciplined, shall be reinstated without loss of pay and with any other benefit under this Agreement which he may have lost. A majority decision of the grievance procedure, including board shall constitute 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 Unionaward. The decision of the committee board shall be binding on both parties. 14.05 Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Board of Directors will Chairman shall be rendered shared equally between the parties. 14.06 By mutual agreement by both the Union and the Employer, a single arbitrator may be selected to resolve the dispute in accordance with Article 14.03. 14.07 The Employer and the Union may mutually agree in writing to waive any of the Labour Relations Officer time limits set out in this Article. 14.08 It is understood that the Employer may file a grievance with the Union and that if such complaint is not settled to the bargaining unit representative within ten (10) working days following such satisfaction of the parties concerned, it may be treated as a meetinggrievance and referred to arbitration in the same way as a grievance of an employee.

Appears in 1 contract

Samples: Collective Agreement

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 mutual desire of the parties hereto that complaints grievances of employees shall be adjusted as quickly as possible, possible and it is understood that the Union if an employee has no grievance concerning an individual nurse until the Director of Care or her/a grievance, he shall discuss it with his designate has been given an opportunity of adjusting the complaint. Such complaint shall be discussed with the Director of Care supervisor within fifteen (15) working days after of the occurrence or origination of the circumstances giving rise to it the grievance in order to give his supervisor an opportunity of adjusting his grievance. The discussion shall be between the employee and his supervisor but each party may elect to have occurredanother person in attendance. This The supervisor’s response to the grievance shall be given with five days after the discussion with the employee. For the purpose of this Article, supervisor shall mean the employee’s Bureau Chief or person designated by the Bureau Chief. Failing settlement, the grievance 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 sequence provided it is presented within fifteen days of the supervisor’s reply to the grievance; the employee or the Guild shall present the grievance in writing signed by the employee to the AdministratorBureau Chief setting forth the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The Bureau Chief or her/his designate shall arrange a meeting with the Guild within ten days of the receipt of the grievance at which the may attend, if requested by either party, in the company of the Guild representative and discuss the grievance. The Bureau Chief or his designate may have such assistance at the meeting as he considers necessary. The Bureau Chief or designate will give the Guild a decision in writing within ten days following the meeting with a copy to the Failing settlement of the grievance, the and/or the Guild shall, within ten days of receiving the reply of the Bureau Chief or his designate, who present the grievance in writing to the Manager of Employee Relations. The Manager of Employee Relations or his designate shall render her/arrange a meeting within thirty days of his receipt of the grievance with the National Grievance Committee of the Guild for the purpose of discussing the grievance. The Manager of Employee Relations or his designate will give the his decision within five (5) working ten days after following the presentation meeting. In the event any difference arising from the interpretation, application, administration or alleged contravention of this Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to the other party within twenty-one days of the grievance date of the decision from the Manager of Employee Relations or his designate, be referred to her/himarbitration as hereinafter provided. Any matter so referred to arbitration, including any question as to whether a matter is shall be heard by a Board of three arbitrators composed of an arbitrator appointed by each of the Employer and the Guild and a third arbitrator who shall be Chairman. The parties maynotice of the party referring the decision to arbitration shall contain the name of its appointee to the Arbitration Board. The recipient of the notice shall within fifteen days advise the other party of the name of its arbitrator. The two arbitrators so appointed shall, if they so desirewithin fifteen days of the appointment of the second of them, meet to discuss the grievance at appoint a time and place suitable to both partiesthird person who shall be Chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two appointees fail to agree upon a Chairman, within the time limited, the appointment shall be made by the Federal Minister of upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision is unsatisfactory, then the grievance may be presented in the following manner: Within ten (10) working days after and the decision is given at Step No. 1, shall be final and binding upon the aggrieved employee, and/or the Grievance Committee shall meet with a committee appointed parties and upon any employee affected 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 Unionit. The decision of a majority shall be the committee decision of the Arbitration Board, but if there is no majority, the decision of the Chairman will govern. The Arbitration Board shall not be to alter, modify or amend any part of Directors will the terms of this Agreement nor to make any decision inconsistent therewith. No matter shall be rendered considered by the arbitrators nor shall they render any decision in writing connection therewith unless and until a majority of them have first decided that such matter a proper grievance under this Agreement. The Employer and the Guild shall each pay one-half the remuneration and expenses of the Chairman of the Arbitration Board and shall each pay the remuneration and expenses of its arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations are mandatory and in the event of failure to act within the time limits, the grievance shall be deemed to be abandoned. However, the time limits imposed upon either party of any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the Labour Relations Officer and the bargaining unit representative within ten (10) working days following of such a meetingtime limit shall not be denied on an arbitrary basis.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 A grievance is defined as any alleged misinterpretation or misapplication of a specific article or section of the provisions of this Collective Bargaining Agreement. For the purpose of settling grievances, the Board recognizes such shop xxxxxxx as the Union may designate to represent it. Should grievances arise, there will be no suspension of work and all such grievances will be settled promptly in the following manner: Step 1 Any employee who believes he or the Union she has the right to lodge a grievance will, within five (5) working days from the day the grievance arose, discuss the matter with respect the immediate supervisor and shop xxxxxxx in an attempt 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 arrive at any stage a satisfactory settlement. Disposition of the grievance procedure, including will be made by 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 immediate supervisor within fifteen five (155) working days after its presentation. Step 2 If the circumstances giving rise to it have occurred. This discussion may include consultation, advice and assistance from others. If there grievance is no settlement within nine (9) working daysnot resolved in Step 1, it shall then will be taken up as reduced to writing on a form provided by the employer. Such grievance within nine (9) working days in will specify article or section of the following manner contract grieved and sequence: The Union may present will be signed by the grievance aggrieved employee and the xxxxxxx and submitted to the Administrator, or her/his designate, who shall render her/his decision manager of transportation within five (5) working days after the presentation of supervisor’s Step 1 answer. A copy will be Step 3 If 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 not resolved in the following manner: Within ten (10) working days after the decision is given at Step No. 12, the aggrieved employeeemployee or Union will have five (5) working days, and/or following the Grievance Committee shall meet with a committee appointed by reply in Step 2, to present 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 grievance in writing to the Labour Relations Chief Facilities and Operations Officer and the bargaining unit representative designated by the Union will meet within ten five (105) working days with the parties involved. The Chief Facilities and Operations Officer will give the Union his/her written decision on the grievance within five (5) working day following said meeting, unless the time is mutually extended in writing. Step 4 If the grievance is not resolved in Step 3, the aggrieved employee or Union will have five (5) working days, following the reply in Step 3, to present the grievance in writing to the chief human resources officer as the superintendent of schools’ designee. The chief human resources officer will, if determined necessary, meet with the representative designated by the Union and the parties involved. The chief human resources officer will give the Union his/her written decision on the grievance within five (5) working days following such a meetingsaid meeting unless the time is mutually extended in writing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right to lodge 6.1 In this Article, a grievance with respect shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to any matter arising out of the interpretation, application or alleged violation terms of this Agreement. 8.02 At . If any question arises as to whether a particular dispute is, or is not a grievance within the time formal discipline is imposed or at any stage meaning 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 dischargethese provisions, 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 question 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 through the Grievance Procedure and determined, if necessary, by Arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievance within nine (9) working days in promptly through the following manner steps:- (a) By a conference between the aggrieved employee and sequence: The Union may present the grievance to the AdministratorXxxxxxx, Dispatcher or her/his designate, who shall render her/his decision within five (5) working days after the presentation of the grievance . Such conference 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 held within ten (10) working days following from the date of the alleged violation of the Agreement or from the date the alleged violation of the Agreement became known to the griever. (b) Failing settlement as in (1) the aggrieved employee shall meet with the Branch Manager or his designate within forty-eight (48) hours, Saturdays, Sundays and Statutory Holidays excluded, from the conference as described in (a). At this step, the grievance must be submitted to the Company in writing. (c) Failing settlement as outlined in steps (a) and (b), the aggrieved employee shall refer the grievance to and meet with the General Manager or his designate within fourteen (14) calendar days from the date the grievance was registered in writing. The General Manager or his designate shall render his decision in writing to the Union within five (5) calendar days from the date the grievance was first submitted to him. (d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to an Arbitration Board as outlined below. 6.3 During any of the steps of the grievance procedure, the aggrieved employee may be accompanied by one (1) Xxxxxxx and/or Business Representative of the Union. 6.4 In the event the Union or the Company has a grievance, it shall be the responsibility of the griever to advise the other party in writing within (7) calendar days of the alleged violation of the Agreement, and by such notification, arrange a meetingmeeting within fourteen (14) calendar days between the General Manager or his designate and duly accredited principal officer of the Local Union or his designate. Should the griever fail to reach satisfactory settlement, the grievance must be submitted to a Board of Arbitration as outlined below.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (A) The Union will not authorize or participate in any strike or stoppage of work during the Union has period of this Agreement and will take all reasonable steps to curtail such strike or work stoppage. XXXXXX will not authorize, participate in or permit any lockout during the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation period of this Agreement. 8.02 At . All disputes relating to the time formal discipline is imposed interpretation 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 performance 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 Agreement 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 determined in accordance with the Director of Care provisions in this Section. No grievance or claim arising from an unjust discharge or other disciplinary action will be entertained after leaving the vessel unless within fifteen (15) working days after thereafter a written claim from the Licensed Engineer or someone authorized to act in his behalf is received by the Union, unless there are mitigating or extenuating circumstances giving rise to it have occurredwhich prevented the Licensed Engineer or his representative from submitting the claim. This discussion may include consultation, advice · (B) There shall be a Licensed Personnel Board c o n s i s t i n g of two (2) persons appointed by the Union and assistance from otherstwo (2) persons appointed by XXXXXX. The Arbitrator designated will serve as the Chairman of any meeting of the Licensed Personnel Board. If there said Board resolves any grievance either by majority vote or by mutual agreement, said grievance shall be deemed settled. In the absence of such final disposition by the Licensed Personnel Board, the Arbitrator will then have jurisdiction of the case to render a decision as Arbitrator. Either Party may request a further opportunity to present additional evidence for the purpose of the arbitration proceeding. In the absence of such request or if the Arbitrator shall deny such request, the Arbitrator is no settlement to proceed to issue an award without the need of any further hearings. (C) The decision of a majority of the Board or of the Arbitrator, as the case may be, shall be final and binding upon the parties and shall be complied with by both Parties immediately upon its issuance. (D) The Arbitrator will be appointed by mutual agreement for a one (1) year period, renewable for one (1) year periods by mutual consent. In the event of the termination of the Arbitrator, the Parties will agree within nine fifteen (915) working daysdays upon a successor, it failing which, the Parties shall then be taken up as a grievance within nine (9) working days in request the following manner and sequence: The Union may present the grievance American Arbitration Association to the Administrator, or her/his designate, who shall render her/his decision within designate five (5) working names from among which each Party shall have the right to strike two (2), and the agency shall designate a successor who shall serve for the balance of the contract year. The Arbitrator shall continue to serve until his successor has been designated. (E) A fixed date in each calendar month during the term of this Agreement shall be designated for the meeting of the Licensed Personnel Board with respect to any grievances that each Party may have. XXXXXX and the Union agree that in order to properly have a grievance submitted to the Licensed Personnel Board at its regular monthly meeting, at least a five (5) days' notice in writing must be given to the other Party, setting forth the nature of the grievance and the relief requested, unless such time limitation is waived. Failing such notice, no monthly meeting will be held. Licensed Personnel Board meetings shall continue from day-to-day until complete, unless the Parties agree otherwise. The use of stenographic reporter, tape recorder, or any other type of recording device during a meeting of the Licensed Personnel Board is prohibited, unless both Parties agree otherwise. The Arbitrator must render a decision within fifteen (15) days after the presentation hearing has been closed unless the Parties have otherwise extended such time by mutual consent. (F) Either Party may, in addition to such fixed meetings, have the right, by telegraphic notice to the other Party and to the Arbitrator, to request a convening of the Licensed Personnel Board to consider a grievance, the nature of which requires immediate disposition. In such event the Board shall meet as expeditiously as possible, but in no event later than twenty- four (24) hours after receipt of said notice. In such case, the Award of the Licensed Personnel Board occurs, the Arbitrator, if requested by the aggrieved Party, shall issue forthwith and in no event later than five (5) hours after the conclusion of the hearing, unless the aggrieved Party agrees to waive this time limitation with respect to all or part of this relief requested. (G) The Award of the Arbitrator shall be in writing and may be issued with or without an opinion. If any Party desires an opinion, one shall be issued, but its issuance shall not delay compliance with and enforcement of the Award. (H) The failure of any Party to attend an arbitration hearing as scheduled by the Arbitrator shall not delay said arbitration and the Arbitrator is authorized to proceed to take evidence and to issue an award as though such Party were present. (I) If a dispute concerning the failure and/or refusal of XXXXXX to make timely and/or adequate fringe benefit contributions is submitted to the Arbitrator under Section 5 of this Agreement, the Arbitrator shall have authority to reach only one of the two decisions within the time limits set forth in Sections 5 (E) and (F) of the Agreement. He shall either find that XXXXXX is in fact delinquent in its contributions, in which event he shall order immediate payment in full of all delinquent contributions, accrued interest thereon, and reasonable attorneys' fees, or that XXXXXX is not delinquent, in which event the grievance shall be denied. (J) It is the desire and the purpose of the Parties that all grievances available for Licensed Personnel Board or arbitration be disposed of as promptly and expeditiously as possible. (K) Any expense of arbitration and any expense incurred by the Licensed Personnel Board shall be equally divided by the Parties hereto. (L) Unless some other place is mutually agreed upon, the Licensed Personnel Board and arbitration hearing shall be held in New York City, N.Y. (M) No Licensed Engineer shall be required to her/himwork under conditions which may endanger his health or safety, or be required to either work behind a picket line or cross a picket line. The parties may, if they so desire, meet refusal of a Licensed Engineer to discuss perform work in accordance with this paragraph shall not be cause for discharge and any action taken by a Licensed Engineer or the Association in accordance with this paragraph shall not be deemed to constitute a violation of Section 5 hereto. (N) Any action to enjoin a grievance at a time and place suitable to both partiesor arbitration proceeding under this Agreement shall be instituted in the Federal Courts of the District of Columbia. If The Award of the decision is unsatisfactory, then the grievance Arbitrator may be presented enforced 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 Courts of the Manor State of New York. Any action to consider modify or vacate an arbitration Award shall be instituted in the grievance. At this stage the employee and/or the Grievance Committee may be accompanied by a representative courts of the UnionState of New York. The decision It is expressly agreed that neither XXXXXX nor the Union will seek the removal from the Courts of the committee State of New York to the Federal Courts of any such proceeding to enforce, modify or vacate the Award, and both XXXXXX and the Union hereby expressly waive their right to seek such removal or institute proceedings to enforce, modify, or vacate the Award in any forum other than the Courts of the Board State of Directors will be rendered New York. Nothing in writing this paragraph shall preclude either XXXXXX or the Union from initiating proceedings in any appropriate State or Federal Court with regard to any matter other than the Labour Relations Officer and the bargaining unit representative within ten (10) working days following such a meetingenforcement, modification, or vacating of an arbitration Award.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee (a) All disputes, differences or grievances as to the interpretation or application of this Agreement shall be settled in the following manner: The Union shall give written notice of the nature of the dispute, difference or grievance to the duly designated representative of the Employer. After receipt of such notice by the Employer, the duly authorized officials of the Union has the right to lodge and a grievance with respect to any matter arising out duly designated representative of the interpretationEmployer shall confer to adjust such dispute, application difference or alleged violation of this Agreement. 8.02 At grievance. The Employer agrees to supply the time formal discipline is imposed or at any stage of Union with the grievance procedure, including relevant information necessary to process the complaint stage, a nurse is entitled to be represented by her/his union representativegrievance. In the case event such dispute, difference or xxxxx- xxxxx shall not have been satisfactorily adjusted between the parties in the manner provided above, then such dispute, difference or grievance shall be referred to arbitration by either party by notice in writing. Upon the giving of suspension or dischargesuch notice in writing by one party to the other, the Employer parties shall notify mutual­ ly agree upon an impartial arbitrator who, in cases involving discharge will hold hearings within approximately thirty (30) days after accepting appointment. If this does not occur in such cases, 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 expedited arbitration procedure of the parties that complaints of employees shall American Arbitration Association may be adjusted as quickly as possible, and it is understood that utilized by 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 otherssubmitting party. If there no agreement upon an impartial arbitrator 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 reached within five (5) working days after the presentation giving of such notice of intention to arbitrate, either party may apply to the American Arbitration Association for the appointment of such impartial arbitrator. In order to comply with Union’s internal appeal procedure, the Union shall have ninety (90) days from the date of initial filing of grievance to her/himnotify Employer that it may go forward to arbitra­ tion. (b) The decision of said arbitrator shall be final and binding upon the parties. The parties mayfurther agree that there shall be no suspension of work when any such dispute, if they so desire, meet to discuss the difference or grievance at a time arises and place suitable to both parties. If the decision while it is unsatisfactory, then the grievance may be presented in the following manner: Within ten process of adjustment or arbitration. The parties agree that the expenses of arbitration shall be borne equally between them. (c) Any member of the Union who shall, at the direction of the arbitrator, be required to testify at any arbitration procedure shall not suffer any loss in wages by reason thereof. (d) A dispute, difference or grievance concerning the discharge of an employee shall be deemed waiv­ ed unless, within then (10) working calendar days after the decision is given at Step No. 1date of discharge, the aggrieved employeeUnion gives written notice of such dispute, and/or difference or grievance to 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 duly designated representative of the Union. Employer. (e) Neither party shall utilize any coercive or re­ taliatory measure to compel the other party to accede to its demands. (f) The decision arbitrator shall not have the power to arbitrate provisions of a new agreement, to arbit­ rate away, in whole or in part any provision of this Agreement, and shall not have the power to add to, delete from or modify the provisions of this Agree­ ment. (g) The shop xxxxxxx or Union representative has the right to be present during any corrective in­ terview between an official of the committee Employer and a member of the Board of Directors will be rendered in writing to the Labour Relations Officer and the bargaining unit concerning discipline or the application of the interpretation of this Agreement. An employee has the right to request the presence of a Union representative within ten (10) working days following such a meetingor shop xxxxxxx at any investigatory interview which.the employee reasonably believes might result in disciplinary action.

Appears in 1 contract

Samples: Union Contract

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or a) Where the Union has the right term "calendar days" appears within this Article, it shall be construed to lodge exclude Saturdays, Sundays, and general holidays as set out in Article 15. b) In this Article, a grievance with respect to shall consist only of a dispute concerning interpretation and application of any matter arising out of the interpretation, application or alleged violation clause of this Agreement, alleged violations of the Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of this Agreement. If any question arises as to whether a particular dispute is or is not a grievance, within the meaning of these provisions, the questions may be taken up through the grievance procedure and determined, if necessary, by arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. 8.02 At c) Prior to a grievance(s) being submitted to arbitration, the time formal discipline is imposed Company and the Union shall jointly agree in writing on the issue to be submitted to arbitration. a) Any employee covered by this Agreement when called into the Company's office for any discussion concerning disciplinary action or at a grievance may, upon request, be accompanied by a Xxxxxxx and/or Business Representative. b) During any stage of the following steps of the grievance procedure, including the complaint stage, a nurse is entitled to aggrieved employee must be represented accompanied by her/his union representativeone (1) Xxxxxxx and/or Business Representative. In the case absence of suspension the Xxxxxxx or dischargeBusiness Representative, the Employer shall notify Company will recognize a member of the nurse of this right in advance. The Employer also agrees, as a good labour relations practice, it will also notify the Bargaining Unitgrievance committee. 8.03 It is a) By a conference between the intent aggrieved employee and the Terminal Manager, supervisor or other designate. Failing settlement, the grievance must be submitted in writing within seven (7) calendar days from the date of the parties that complaints alleged violation or from the date of employees the alleged violation became known to the grievor. b) Failing settlement at the above step, the Terminal Manager shall be adjusted as quickly as possible, render his decision in writing and it is understood that shall refer the grievance to and arrange a meeting between the Union has no grievance concerning an individual nurse until and the Director of Care or her/his designate has been given an opportunity Operations and/or Human Resources Manager within seven (7) calendar days of adjusting the complaintdate that the grievance was registered in writing. Such complaint This meeting shall be discussed with held in the home terminal of the employee involved unless otherwise agreed. The Director of Care Operations and/ or Human Resources Manager shall render a decision in writing within fifteen seven (157) working calendar days after from 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 date that the grievance was referred 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.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any ‌ Should any difference arise between the persons bound by this Agreement concerning its interpretation, application, operation, or any alleged violation thereof, including any question governing the dismissal or suspension of an employee bound by the Agreement, and including any question as to whether any matter is arbitrable, there shall be no stoppage of work on account of such difference and an xxxxxxx effort shall be made to settle the difference in the following manner: 8.1 The grievance shall be stated in writing, and shall state that the matter is a grievance in accordance with this Article and shall be submitted to the Department Head concerned within thirty (30) calendar days of the date of the incident giving rise to the grievance, or within thirty (30) calendar days of becoming aware of the incident, but in no case exceeding ninety (90) calendar days from the date of the incident. 8.2 The Department Head shall make a written decision on the grievance within thirty (30) calendar days. Within thirty (30) calendar days of receipt of the Department Head's written response, the Union has may choose to invoke 8.3. 8.3 Within thirty (30) calendar days of 8.3 being invoked the right to lodge grievance shall be discussed between a grievance with respect to any matter arising out committee of three (3) representatives of the interpretationEmployer and a grievance committee of three (3) representatives of the Union. The aggrieved employee and the Department Head may attend as witnesses. The decision of the Employer's grievance committee shall be in writing within fourteen (14) calendar days of the meeting. If the Union does not accept the decision of the Employer's Committee, application or alleged violation they may invoke 8.4 of this AgreementArticle within thirty (30) calendar days of receipt of the decision, such notice shall be in writing to the Employer. 8.02 At 8.4 A Board of Arbitration shall be formed to hear 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 representativegrievance. In the case of suspension or discharge, the Employer Either Party shall notify the nurse of this right other, in advance. The Employer also agreeswriting, as a good labour relations practice, it will also notify the Bargaining Unit. 8.03 It is the intent of the parties that complaints question(s) to be arbitrated and the name and address of employees its chosen representative on the Arbitration Board. After receiving such notice and statement, the other Party shall within fourteen (14) calendar days appoint its representative on the Arbitration Board and give notice in writing of such appointment to the other Party. Such representatives shall endeavour to select a third member who shall be adjusted as quickly as possible, and it is understood that Chairman. Should 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 representatives fail 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 select such third member within five (5) working calendar days after from the presentation appointment of the grievance to her/him. The parties maylast representative, if they so desire, meet to discuss either Party may request 8.5 Within fourteen (14) calendar days following 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 establishment of the Board of Directors will Arbitration, it shall report its decision on the grievance. The majority decision of the Board shall be rendered in writing final and binding on all persons bound by this Agreement. 8.6 In the event the Board of Arbitration finds that an employee has been dismissed or suspended for other than proper cause, the Board of Arbitration may direct the Employer to reinstate the employee and pay to the Labour Relations Officer employee a sum equal to -the employee’s wages or salary lost by reason of such suspension or discharge, or such lesser sum as in the opinion of the Board of Arbitration is fair and reasonable or make such other order as it considers fair and reasonable having regard to the bargaining unit representative within ten terms of the Collective Agreement between the Parties. 8.7 Failure of the Union to adhere to the time requirements in this Article shall result in the abandonment of the grievance on a without prejudice basis. Failure of the Employer to adhere to the time requirements shall result in the grievance being resolved in favour of the Union, without prejudice. 8.8 Whenever a stipulated time is mentioned in sub-section (108.1), (8.2), (8.3), (8.4) working days following such a meetingor (8.5) herein, the said time may be extended by mutual written consent of the Parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. 8.01 Any employee or the Union has the right (a) The parties to lodge a grievance with respect to any matter arising out this agreement are agreed that it is 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 utmost importance 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 adjust complaints of employees shall be adjusted and grievances as quickly as possible, and it is understood that the Union has no . (b) 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 considered where the circumstances giving rise to it occurred more than 12 working days before the filing of the grievance. (c) The aggrieved employee, who may be accompanied by a Union representative, shall present his/her grievance to his/her immediate supervisor who shall have occurredfive working days to adjust any complaint which has arisen. This discussion If, within that time no agreement is reached, the matter may include consultationbe submitted to the Joint Standing Committee in accordance with the provisions of this section. (d) Any grievance must be presented to the Joint Standing Committee in writing, advice setting forth the grounds for the complaint and assistance from othersthe provision or provisions of the collective agreement which are alleged to have been violated, together with the remedy sought. (e) A Joint Standing Committee consisting of two representatives of Management and two representatives of the Union shall be designated. To this Committee shall be referred by either party to this agreement, all questions which may arise as to the interpretation, application, or alleged violation of any clause of this Agreement. Such Joint Standing Committee shall meet within five working days after any questions or differences have been referred to it, and shall render a decision within ten days and such decision shall be binding upon both parties. (f) If there is no settlement the Joint Standing Committee cannot reach an agreement on the question or difference referred to it, at the request of either party hereto, within nine twenty (9) working days, it shall then be taken up as a grievance within nine (920) working days the matter may be referred to arbitration. The party making the request shall do so in writing, suggesting its nominee to an Arbitration Board or nominee as a single arbitrator. In general, it is intended that grievances be submitted to a single arbitrator; in any instance in which a party has applied for expedited arbitration under the following manner and sequence: The Union Labour Relations Act, the other party may present elect to submit the grievance to an Arbitration Board or a sole arbitrator in which case the Administrator, or her/his designate, who other party shall render her/his decision within comply and give up the right to expedite that arbitration. Within five (5) working days after thereafter, the presentation other party shall notify the party requesting arbitration as to its acceptance or rejection of the grievance proposed arbitrator, or in the case of an arbitration board, its nominee to her/himthe board. The If the parties mayare unable to agree on a single arbitrator, if they so desireor the nominees are unable to agree on a chairperson, meet within thirty (30) days, then the Minister of Labour for Ontario will be requested to discuss make the grievance appointment. (g) Grievances will be processed as quickly as possible but at a time and place suitable to both parties. in a manner which will not unduly disrupt the operations of the publisher. (h) If the decision no written request for arbitration is unsatisfactory, then the grievance may be presented in the following manner: Within ten (10) received within 20 working days after the decision of the Joint Standing Committee is given at Step No. 1given, the aggrieved employeegrievance shall be deemed to have been settled. (i) Time limits set out in this section may be extended, and/or in writing, by mutual agreement. (j) The single arbitrator or arbitration board shall not have the Grievance Committee power to alter or change any of the provisions of this Agreement, nor to give any decision inconsistent with the terms or provisions of this Agreement. (k) The Union shall meet have the right to file a grievance based on a difference directly with a committee appointed the Employer arising out of the Agreement concerning the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be submitted in writing 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 Union to the Labour Relations Officer and the bargaining unit representative Publisher within ten (10) working days following such the occurrence or origination of the circumstances giving rise to the grievance commencing at Step No. 2 of the Grievance Procedure set out above. (l) The decision of arbitrator or the majority of an arbitration board will be final and binding upon the Employer, the Union and the employees.‌ (m) Each of the parties to this Agreement shall pay the cost of the arbitrator appointed by it, and the parties shall each pay one-half the cost of the Chairperson. (n) For the purpose of this Agreement, "grievance" means a meetingcomplaint arising from the interpretation, application, administration or alleged violation of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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