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.
Complaints and Disputes 28.1. If the Client wishes to report a complaint, he must send an email to the Company with the completed “Complaints Form” found on the Website. The Company will try to resolve it without undue delay and according to the Company’s Complaints Procedure for Clients. 28.2. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice. 28.3. The Client’s right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above.
GRIEVANCE PROCEDURE Section 8.1 A grievance is hereby defined as an alleged violation, misapplication, or misinterpretation of a specific Article of this Agreement that is brought by the aggrieved employee and/or the Union to the attention of the other party within fifteen (15) working days of the time the grieving party first became aware of the alleged violation. Regarding Article 10, Rights Related to Appointed Status – Investigations, only claims of failure to follow the procedural elements as outlined in that Article 10, not any decision to discipline, and only for suspensions and terminations for disciplinary reasons, may be processed under this Grievance Article, up to and including Step 3. Working days referred to in this Article shall be defined as Monday through Friday with the exclusion of holidays recognized by the Employer. Grievances shall be processed in the following manner: Step 1 The Union or aggrieved employee shall first present the grievance in writing setting forth relevant facts including the alleged violation and the resolution requested to an Assistant Police Chief, with a copy to the City’s Labor Relations office. The Assistant Police Chief shall review the grievance and render a written decision within fifteen (15) working days of receipt of the grievance. The written grievance at this step and at Step 2 shall contain the following information: 1. A statement of the grievance and the facts upon which it is based; 2. The alleged violation of this Agreement, a. citing the specific Article and/or Section and b. how that Article and/or Section is alleged to have been violated; 3. The remedy or adjustment sought; and 4. The signature of the aggrieved employee or Union Representative. Step 2 If the grievance is not resolved at Step 1, the Union may submit the grievance in writing to the Police Chief within fifteen (15) working days of receipt of the Assistant Police Chief’s decision, with a copy to the City’s Labor Relations office. The Police Chief shall render a written decision within twenty (20) working days of receipt of the grievance. Step 3 If the grievance is not resolved at Step 2, the Union may submit the grievance in writing to the City’s Human Resources Director (“HR Director”) within fifteen (15) working days of receipt of the Police Chief’s decision, with a copy to the City’s Labor Relations office. Thereafter, the HR Director or designee shall meet with the grievant and the Union representative involved within fifteen (15) working days of receipt of the Union's grievance if schedules can be so arranged, but in no event longer than thirty (30) working days unless otherwise mutually agreed. If no agreement is reached, the HR Director or designee shall submit a written response to the Union within twenty (20) working days following the meeting. Claims of failure to follow the procedural elements as outlined in Article 10, Rights Related to Appointed Status – Investigations, for suspensions and terminations for disciplinary reasons, shall not be grieved beyond this Step 3. Step 4 Non-disciplinary grievances not resolved may be referred to arbitration by either party to this Agreement. Either party may give written notice to the other of its intention to arbitrate within thirty (30) working days following completion of the steps listed above. The Union shall give such written notice to the Police Chief and the City’s Labor Relations office. The City shall give such notice to the representative designated by the Union. Within ten (10) working days of the request to arbitrate, a representative of the Union and the Employer shall attempt to agree on a neutral arbitrator. If unable to reach agreement, within ten (10) working days, the party requesting arbitration shall request a list of seven (7) arbitrators with primary offices in Washington or Oregon from the Public Employment Relations Commission or Federal Mediation Conciliation Service (FMCS). Upon receipt of the list both parties shall, within ten (10) working days, alternately strike names from the list until one name remains, who shall serve as the neutral arbitrator. The party requesting arbitration shall strike first in the striking process. The arbitrator shall issue a written decision within thirty (30) calendar days of the close of the hearing, or issue a bench decision if mutually agreed to and requested by both parties of this Agreement. The decision shall be final and binding on the City, the Union, and employees represented by the Union and covered by this Agreement. The arbitrator shall have no power to alter, amend or change the terms of this Agreement. Section 8.2 Each party shall bear the expense of its own costs of preparing and presenting its own case, including compensating its own attorneys, representatives and witnesses. Section 8.3 The parties may mutually agree to submit any grievance to mediation, prior to Section 8.1, Step 4, above. Each party shall bear the expense of its own representation and all other expenses incidental to the mediation shall be divided equally. A party must give notice of its interest in mediation to the other party within fifteen (15) working days of the last Step response, and the other party will provide notification to the requesting party as to whether it agrees to mediation within fifteen (15) working days of receipt of the request. The mediator shall have no authority to resolve the grievance except by agreement of the Union and the City.