Common use of GRIEVANCE PROCEDURE & ARBITRATION Clause in Contracts

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as an alleged violation of a specific article or section of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 2 contracts

Samples: Labour Agreement, Labour Agreement

AutoNDA by SimpleDocs

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance It is defined the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of a specific article or section of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure. Collective Agreement may at option discuss it with immediate supervisor within three (a) After the Director of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (23) days after the presentation circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the grievance, the xxxxxxx or supervisor employee. The Supervisor shall give his answer orally a response to the complaint within three (3) days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union Xxxxxxx covered under this Collective Agreement. Grievances must be filed within fifteen (15) working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and the Representative involved or Union Xxxxxxx, presented to the Committee President Supervisor by the Union Xxxxxxx and (at their option). Both copies are to be returned by the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred Supervisor with signed comments to the Committee President Union Xxxxxxx within three (3) working days. Once a grievance has been filed no Supervisor or his alternate and committed to writing for adjustment at Employer Official shall discuss said grievance with the next step. 8.03 grieved employee except in the presence of a Xxxxxxx or Union Official. Step Two: If the grievance satisfaction is not resolved at obtained in Step One, the Committee President mayUnion Xxxxxxx, within five (5) working days of receipt of days, may refer the xxxxxxx'x or supervisor's answer, submit grievance to the Department Manager a signedor designate, written statement of grievance. Upon receipt of who will meet and discuss the written grievance, the Department Manager or his designated Representative shall within three (3) days meet grievance with the Committee President or his designated representative andUnion Xxxxxxx, if necessary, (at their option) and the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer Human Resources Consultant then render a decision in writing no later than three (3) days after on the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall prescribed forms within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.five

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A 6.1 In this Article a grievance is defined as an alleged violation shall consist only of a specific article or section dispute concerning the interpretation and application of any clause in this Labour Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. If any question arises as to whether a particular dispute is, or is not a grievance, within the meaning of these provisions, 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 grievance arisespromptly, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to through the following grievance and arbitration procedure.steps: (a) After By conference between the Director of Human Resources becomes aware of an offenceaggrieved employee, the Company shall Xxxxxxx and Xxxxxxx. Such conference to be held within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5General Holidays excluded) days of and the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor Xxxxxxx shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt (Saturdays, Sundays and General Holidays excluded) of the xxxxxxx'x or supervisor's answerpresentation of the grievance to him/her. (b) Failing settlement as in (a) by the Xxxxxxx and the Xxxxxxx, the Xxxxxxx may ask the Xxxxxxx to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the Xxxxxxx and the Xxxxxxx to submit a written report to the Department Manager Manager. (c) If a signedgrievance is not settled after making every endeavour in procedures outlined in (a) and (b), written statement of grievance. Upon receipt it shall be referred to the General Manager. (d) Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the written grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Department Manager or his designated Representative General Manager shall within three (3) days meet endeavour to settle the matter with the Committee President or his designated representative andXxxxxxx and in the event of failure, if necessaryshall deal with an official of the Union. Before submitting the grievance to arbitration, the Representative concerned dispute may, by mutual agreement, be brought to attempt the attention of a Joint Grievance Committee, established for his purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to resolve render a majority decision, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance. The Company representative shall give the Committee President or his alternate an answer , proceed to Arbitration as outlined in writing no later than three (3) days after the above mentioned meetingArticle 6, section 6.2. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 36.01 A grievance is defined as an any difference or dispute arising between the Union and the Company relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a specific article or section matter is arbitrable. 36.02 There are three types of grievances under this Labour Collective Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure.: (a) After the Director of Human Resources becomes aware An Individual Grievance, which is an unresolved complaint of an offenceindividual employee wherein he or she believes that the Collective Agreement has been improperly interpreted, applied or administered to his or her detriment. An Individual Grievance may be submitted at Step 1 of the Company grievance procedure following the attempt to try to resolve the matter as per 36.04. (b) A Group Grievance, which is an unresolved complaint of a group of employees wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their collective detriment. A group grievance may be submitted at Step 1 of the grievance procedure within ten (10) days of when the employees became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred. (c) A Policy Grievance which is an unresolved issue arising between the Union and the Employer around the interpretation, application or administration of the Collective Agreement but does not include matters which could be pursued either as an Individual or Group Grievance. A policy grievance may be submitted by the Union or the Employer at Step 2 of the grievance procedure within ten (10) days of when the party became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred. 36.03 For the purpose of this Article, reference to "days" relating to Steps in the grievance and arbitration procedure shall mean calendar days. 36.04 Employees who have a complaint shall first take the matter up with their Supervisor/Manager within five (5) working days either take disciplinary action when the cause of the complainant occurred or notify ought to have reasonably come to the offender(s) that disciplinary action is being contemplated. (b) attention of the employee. The time limits employee may be extended accompanied by mutual agreement a Xxxxxxx and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within the Xxxxxxx may also discuss the matter with the Supervisor/Manager before the grievance is committed to writing. If the matter is not resolved within five (5) days of it first being raised or if the time a grievance arisesdecision of the Supervisor/Manager is not satisfactory to the Xxxxxxx, the employee alone or with Xxxxxxx/Committee Person may appeal the assistance of decision by filing a Representative, may present the grievance. The grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot will be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at and delivered to the next step. 8.03 Step Two: If Manager, Supervisor or the grievance is not resolved at Step One, the Committee President may, Human Resources department within five (5) working days of receipt after the Xxxxxxx has received the decision. Following the issuance of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, proceed to Step One (1). 36.05 Grievances may also arise from the Department Manager issuance of a corrective action by the Employer. An employee that is given a corrective action and feels that the subject matter or his designated Representative shall the punishment resulting from the corrective action is inappropriate may file a grievance within three five (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (35) days after the above mentioned meeting. 8.04 Step Three: If Xxxxxxx has received the grievance is not resolved at Step Twodecision. Grievances will be committed to writing and delivered to the Manager, representatives Supervisor or Human Resources department. Following the issuance of the Company shall within seven grievance, proceed to Step One (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved1).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 7.01 The parties to this Agreement recognize the stewards and the CLAC Representatives specified in Article 6.01 as the agents through which volunteer firefighters shall process their grievances and receive settlement thereof. 7.02 A volunteer firefighter having a question or a complaint that has not already been dealt with through the normal chain of command shall refer it to the Area Commander or his designate. The volunteer firefighter shall have the option of having a xxxxxxx present. 7.03 Step 1 If the question or complaint is not resolved after discussion with the Area Commander, then the volunteer firefighter, accompanied by a xxxxxxx or CLAC Representative, will submit a written grievance to the Fire Chief or their designate within ten (10) calendar days of the act or condition causing the grievance. Within fourteen (14) calendar days of the written submission the parties will meet to attempt resolution of the grievance. The Fire Chief or their designate will issue a response in writing to the Association within ten (10) calendar days of the meeting. In the event the grievance is defined as an alleged violation of a specific article denied or section of this Labour Agreement. If any such the Fire Chief or their designate fails to respond, the grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall may be submitted to Step 2 of the following grievance and arbitration procedureprocess. 7.04 Step 2 If the grievance is not settled under Step 1, the Association may within ten (a10) After calendar days submit a written grievance to the Director of Human Resources becomes aware Employee and Labour Relations or their designate. The parties shall meet within fourteen (14) calendar days from the date of an offencesubmission of the grievance. The Director of Employee and Labour Relations or their designate shall notify the Association of his decision in writing within ten (10) calendar days following said meeting. In the event the grievance is denied or the Director of Employee and Labour Relations or their designate fails to respond, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplatedgrievance may be submitted to mediation. (b) 7.05 The time limits as prescribed may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidaysof the parties in writing. 8.02 Step One: Within five (5) days 7.06 Where a deadline pursuant to this Article falls on a day when the Employer‟s normal administrative operations are closed, such deadline will automatically fall on the next business day. 7.07 A “Group Grievance” is defined as a single grievance, signed by a xxxxxxx or CLAC Representative on behalf of a group of volunteer firefighters who have the same complaint. Such grievances must be dealt with at successive stages of the time grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form. 7.08 A “Policy Grievance” is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to Step 2 of the grievance process. Such Policy Grievance shall be signed by a xxxxxxx, or a CLAC Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative. 7.09 If a grievance arisesremains outstanding after Step 2 of the grievance procedure, the employee alone or with the assistance of a Representative, parties may present by mutual agreement refer the grievance to his xxxxxxx or supervisormediation. Within two The party requesting mediation shall send notice of its desire to refer the grievance to mediation within fourteen (214) calendar days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievancedecision at Step 2, or within fourteen (14) calendar days after a decision should have been issued. The parties agree that all expenses arising from the appointment of the mediator shall be shared equally. 7.10 The parties shall mutually select a mediator. If the parties cannot agree on the selection of a mediator within a reasonable time frame, either party may apply to the Ministry of Labour to request that an arbitrator be appointed. At that point, the Department Manager or his designated Representative matter shall within three (3) days meet proceed to arbitration in accordance with Article 8, except that the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative provisions of Article 8.02 shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meetingnot apply. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives 7.11 Upon mutual consent of the Company parties, nothing within this Agreement shall within seven (7) days meet prevent a mediator from serving in the capacity of an arbitrator in accordance with the Committee President, or his designated representative, and such other representative Section 50 of the Committee Labour Relations Act, 1995 as may be designated, accompanied by the representative amended from the department or the employee involvedtime to time.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 7:01 It is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The Xxxxxxx or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00. 7:02 A grievance is defined as an shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in the following manner: Step I: The aggrieved party shall discuss his complaint with his Xxxxxxx and the Xxxxxxx or immediate Supervisor, who shall endeavor to settle the complaint. Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a specific article grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company. Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party. Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing. Step V: Any grievance between the Company or section the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II. Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Labour Agreement. If any such grievance arises, there Selection shall be no stoppage or suspension in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of work or discriminatory action by those individual arbitrators. Step VII: Both Parties to the Company because dispute shall share equally the expenses and fees of such grievance, but such grievance the Arbitrator. Step VIII: A request to proceed to arbitration shall be submitted to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall made within five (5) working days either take disciplinary action or notify excluding Saturday, Sunday and recognized holidays immediately following the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidaysset forth in Step III. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 2 contracts

Samples: Maintenance Service Contract, Maintenance Service Contract

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance 30.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is defined as agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from an alleged violation of a specific article or section terms of the Agreement as provided in this article. 30.2 For the purposes of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such a grievance shall be submitted defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, including disagreements regarding discipline. A grievance may be initiated or filed by a bargaining unit employee or the CFPBA. 30.3 The University and the CFPBA encourage the resolution of a grievance at the earliest possible time and step. Nothing herein shall preclude the employee from presenting his/her grievance informally to his/her supervisor; provided, however, that if such informal effort at resolution is unsuccessful, the written grievance must be filed within fourteen (14) days of the occurrence, event, or violation that gave rise to the grievance, or it will be deemed untimely. To that end, the following grievance procedure and arbitration proceduretime limits shall be adhered to. However, the grievant (whether it is an individual employee or the CFPBA) and management may agree to waive Step 1 in any grievance. Grievances which are filed by the local CFPBA on behalf of the CFPBA itself or the entire bargaining unit (i.e., CFPBA grievance), and/or individual grievances protesting suspension or discharge shall be filed with the Director or his/her designee at Step 2, within the time period prescribed in Step 1. STEP 1: An aggrieved employee shall present the grievance in writing to his/her immediate supervisor within fourteen (14) days of the occurrence, event, or violation that gave rise to the grievance. If the occurrence, event, or violation that gave rise to the grievance occurred at a time when the employee was on annual leave, sick leave, or other authorized leave, the fourteen (14) day period shall commence immediately upon the employee’s return from such authorized leave. The grievance shall be signed and dated by the grievant, the Xxxxxxx (when representation is authorized by the employee), and the supervisor. The grievance shall state: (a) After the Director date of Human Resources becomes aware the alleged occurrence, event or violation; (b) the article(s) of an offencethe Agreement violated; (c) a statement of facts pertaining to the occurrence, event, or violation; and (d) the Company relief requested. The grievant shall discuss the grievance with his/her supervisor. The supervisor shall render his/her decision on the grievance in writing, within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step TwoSTEP 2: If the grievance is not resolved at satisfactorily settled in Step One1, then the Committee President may, grievance will be forwarded to the Director or his/her designee within five ten (510) working days of receipt of the xxxxxxx'x Step 1 decision or supervisor's answerthe date on which it was due. If Step 1 was waived, submit to or Step 2 has been designated as the Department Manager a signed, written statement of grievance. Upon receipt first Step of the written grievanceprocedure, the Department Manager or his designated Representative shall grievance must be filed within three fourteen (314) days of the occurrence, event, or violation. The Director or his/her designee will meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representativegrievant, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.CFPBA Representative within five

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A 7.1 In this Article, a grievance is defined as an alleged violation will consist only of a specific article dispute concerning interpretation and application of any clause in this Agreement; alleged violations of the Agreement and discipline or section discharge of this Labour Agreementemployees without reasonable cause. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, 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 grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to promptly through the following grievance and arbitration procedure. (a) After steps. An employee called into the Director Employer’s office for disciplinary matters may, upon request, be accompanied by a Union Xxxxxxx. Copies of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may notices will be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally given to the employee involved, the Union, and the Representative involved or Union Xxxxxxx. Any disciplinary action taken by the Employer must be issued to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, employee within five (5) working days of receipt the latter of (i) the alleged infraction or (ii) when the Employer became aware of the xxxxxxx'x alleged infraction. All time limits referred to in the grievance or supervisor's answerarbitration proceedings may be extended by mutual written agreement of the parties. Absent such written agreement, submit the time limits contained herein shall be strictly construed. If the employee or the Union fails to process the grievance at any step within the time limits, the grievance shall be deemed to have been withdrawn. If the Employer’s designated representative fails to answer a grievance within the specified time limits, the Union shall have the right to immediately appeal the grievance to the Department Manager a signed, written statement of grievance. Upon receipt next step of the written grievancegrievance procedure. For disciplinary measures, all infractions will be removed from the Department Manager or employee’s record after a period of one (1) year. 7.2 a) STEP 1 - The employee will discuss the circumstances of the grievance with his designated Representative shall immediate supervisor. The employee may be accompanied by a Union Xxxxxxx. Such discussion will take place within three five (35) working days meet with of the Committee President or his designated representative and, if necessary, the Representative concerned event giving rise to attempt to resolve the grievance. The Company representative shall immediate supervisor will give the Committee President or his alternate an a verbal answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If to the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.three

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A In this a grievance is defined as an alleged violation shall consist only of a specific article or section dispute concerning the interpretation and application of any clause in this Labour Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. If any question arises as to whether a particular dispute is, or is not a grievance, within the meaning of these provisions, the question may be taken up through the Grievance Procedure and if necessary, by Arbitration. There shall be an xxxxxxx effort on the part of both parties, to settle such grievance arisespromptly, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to through the following grievance steps: By conference between the aggrieved employee, Xxxxxxx and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall Xxxxxxx. Such conference to be held within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within General Holidays excluded) and the Xxxxxxx shall give his answer within five (5) days (Saturdays, Sundays and General Holidays excluded) of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievancegrievance to him/ her. Failing settlement as in (a) by the Xxxxxxx and the Xxxxxxx, the xxxxxxx or supervisor Xxxxxxx may ask the Xxxxxxx to make an appointment with the Manager in an effort to reach a settlement. It shall give his answer orally be the responsibility of the Xxxxxxx and the Xxxxxxx to submit a written report to the employee and the Representative involved or to the Committee President and the Representative involvedManager. Any If a grievance which canis not be adjusted at Step One settled after making every endeavour in procedures outlined in (a)and it shall be referred to the Committee President or his alternate and committed General Manager. Should the parties fail to writing for adjustment at reach satisfactory settlement in the next step. 8.03 Step Two: If preceding steps, the final settlement of the grievance is not resolved at Step One, must be submitted to a Board of Arbitration as outlined below. In the Committee President may, within five (5) working days of receipt of event that the xxxxxxx'x or supervisor's answer, submit to the Department Manager Company has a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative General Manager shall within three (3) days meet endeavour to settle the matter with the Committee President or his designated representative andXxxxxxx and in the event of failure, if necessaryshall deal with an official of the Union. Before submitting the grievance to arbitration, the Representative concerned dispute may, by mutual agreement, be brought to attempt the attention of a Joint Grievance Committee, established for his purpose by the Company and by the Local Unions. The Joint Grievance will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (1)of whom shall be selected from Management and one (1) from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee unable to resolve render a majority decision, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance. The Company representative shall give the Committee President or his alternate an answer , proceed to Arbitration as outlined in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.Article section

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as an the alleged violation of a specific article or section provision of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension Agreement and/or an appeal of work or discriminatory disciplinary action by imposed upon a member of the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedureunion. (a) After Step I An employee believing he hasthey have cause for complaint shall first discuss it with the Director of Human Resources becomes aware of an offenceissuing supervisor, the Company shall within five (5) working days either take disciplinary action with or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with without the assistance of the Association representative. A problem shall not become an official grievance until the issuing supervisor has had an opportunity to contact the Chief, or his designee to discuss the problem and attempt to resolve the complaint. The issuing supervisor shall give the employee a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) verbal answer within seven days after the verbal presentation of the grievance, the xxxxxxx or supervisor complaint to him. Such complaint shall give his answer orally to be presented verbally by the employee and within seven days after the Representative involved occurrence of the event, unless the employee is on vacation or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment leave at the next steptime of the event and has no knowledge of the occurrence of the event, in which instance he or she shall have seven days from the date of return which to file. 8.03 Step Two: II If the grievance complaint is not resolved at Step OneI the grievance shall be reduced to writing, signed by the aggrieved employee on a form agreed to by the Town Manager and the Association and delivered to the Police Chief or the Police Chief’s his designated representative within seven days of receiving the issuing supervisor’s verbal answer. The Police Chief or the Police Chief’s designated representative his designee shall have seven days from the date of presentation to formulate and submit hisa response to the grievance. The Police Chief or the Police Chief’s designated representativeHe shall then return the grievance to the President of the local Association. Step III Should the grievance still remain unresolved following Step II, the Committee President may, employee can submit the grievance in writing to the Town Manager within five (5) working seven days of receipt of the xxxxxxx'x or supervisor's answerStep II response. Likewise, submit if the grievance is an appeal of an action taken by the Police Chief, then the grievant shall grieve directly to the Department Town Manager, but must do so within seven working days of the Police Chief’s action. A meeting will be held with the Town Manager, Police Chief, Grievant, and Local President. A Representative of the New England Police Benevolent Association may attend. Legal counsel for the town may be present. The Town Manager shall have seven days from the date of the meeting in which to submit his answer in writing on the grievance and return it to the Association. or by a signeddate mutually agreeable. Should the answer at Step III prove not to be satisfactory, written statement the Association may submit the grievance to Arbitration for final disposition and notify the Town Manager in writing, sightingciting the specific clause violated. The filing of grievancethe grievance would be made within thirty days from receipt of the Town Manager’s answers. The Association wouldmust submit the grievance to the Federal Mediation and Conciliation Services, Arbitration Division. Upon receipt of the written panel of names, the Association would strike three names and the Town would strike three names and the remaining name would be the arbitrator. The authority of the arbitrator shall be limited to the terms and provisions of the Agreement. The arbitrator shall not have the authority to establish salaries or wages, or add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement unless the Town exercises its rights under Article 9 entitled, Hours of Work/Pay Period. The expenses of the arbitrator shall be shared equally by the Town and by the Association. The decision of the arbitrator shall be in writing and set forth the reasoning of the decision and shall, subject to law, be binding on all parties. Nothing shall prohibit the Town and the Association from, if they desire, selecting an arbitrator(s), by mutual agreement to be the sole arbitrator(s) for grievances arising from this Agreement. AT ALL STEPS OF THE GRIEVANCE PROCEDURE, A GRIEVANT SHALL HAVE THE RIGHT TO UNION REPRESENTATION. Failure of the Association to observe the agreed upon time limits shall constitute abandonment of the grievance and settlement on the basis of the last Town answer, without setting a precedent. Failure of the Town to observe the agreed upon time limits shall constitute abandonment of the grievance and settlement desired by the grievance, without setting a precedent. Either the Department Manager Town or his designated Representative shall within three (3) days meet the Association may extend any deadline decision by mutual consent. Notwithstanding anything herein to the contrary, the Town will comply with the Committee President statutory requirements of 24 V.S.A. §1932 et seq. Or any amendments thereto, unless the officer waives his rights in writing as permitted by the statute. However, an employee may proceed in only one manner. He must elect to proceed pursuant to this Article or his designated representative andpursuant to 24 V.S.A. §1932. The Town and Association will not entertain hypothetical cases to be grieved, if necessaryonly those that result from actual behavior. This does not prohibit ongoing communication or resolution between the Town and Association on any question or issue of this agreement. The Association recognizes that employee’s daily and weekly schedules are based on law enforcement requirements and the public safety needs of the community, and are subject to change. The Town necessarily retains the right to schedule employees for work, and it is the obligation of the employee to work as scheduled. The pay period will be biweekly, for a two-week period, or portion thereof, ending the preceding Saturday. When a scheduled pay day falls on a legal holiday, pay checks are available the last work day prior to the scheduled pay day. The pay period for patrol supervisors, patrol officers, dispatchers, parking enforcement officers 80 hours within a period of 14 consecutive days. The pay period for the animal control officer shall be 60 hours within a period of 14 days. The clerks shall have a 75 hour pay period. The work day shall consist of a 7½, 8, 10, or 12 hour day within a period of 24 consecutive hours beginning with the starting time and ending at the starting time the following day. The Town reserves the right to change the regular starting and quitting time of a shift, to abolish existing shifts or to create new or additional shifts, to establish new day-off schedules, or to transfer employees from one regular shift to another regular shift. Prior to instituting any such change the Association shall be consulted and provided with an opportunity to express its view on the subject, unless the change is required in an emergency, in which event this consultation shall take place as soon as practical. The decision to make a change shall not be arbitrary or capricious; however, the Representative concerned sole and final authority to attempt make the change shall reside with the Town and shall not be subject to resolve grievance or arbitration. Any such change shall be posted promptly, and to the grievance. The Company representative shall extent that operating conditions permit, the Town will give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet days’ notice before any such change is instituted. Employees, with prior approval of the Committee PresidentPolice Chief, or his the Police Chief’s designated representativerepresentativehis designee, may swap shifts or days off. In a good faith effort to accommodate the wishes of the Association, the Town is willing to allow shift bidding by seniority during the term of this agreement. Shift bidding for Police Officers Each sworn member of the collective bargaining unit shall have the opportunity to bid for an assignment on the basis of seniority. Probationary employees and other employees not part of the collective bargaining unit shall have no bidding rights whatsoever. The Police Chief shall have discretion in limiting the number of positions available on each shift to insure that staff is spread over each shift efficiently but generally, each shift will be staffed by 1 Lieutenant, 1Sergeant, and such other representative 5 patrol officers. Both parties acknowledge that from time to time a shift vacancy will become available to be filled outside of the Committee normal shift bidding time frame. This could occur due to the completed training of additional personnel, the departure, promotion, or transfer of an employee, or any other reason. When this occurs, and at the discretion of the chief of police, shift bidding will be opened for positions that have become available. All members of the collective bargaining unit who would ordinarily be eligible to bid can bid for the position by seniority. Employees can only bid for the open position. That movement may then open another position for possible bidding, creating a second bidding opportunity. The circumstances described in this paragraph will not open the entire shift bidding process for all shift positions. The actual process of bidding shall involve: Each calendar year shall be made up of two (2) shift assignment periods; January 1st through June 30th, and July 1st through December 31st. No later than May 15th for the first shift assignment period and no later than November 15th for the second shift assignment period, the Police Cchief or the Police Chief’s designated representativehis designee shall post a list of shifts available for bidding for the next period along with a seniority list that is accurate as of June 30th or December 31st of the current period. Employees who become eligible to bid after May 15th but before June 30th or after November 15th, but before December 31st of the current period; will be allowed to bid for shifts. Employees eligible to bid shall write their names into available shift slots in order of seniority. Once the slots are all filled or all eligible members have written in their name, an elected member of the collective bargaining unit shall sign and date the shift bidding sheet and submit it to the Police Cchief or the Polcie Chief’s designated representativehis designee. In the event that slots are not filled due to a shortage of employees or there are more employees then there are slots to fill, the chief of police shall have sole discretion for the assignment of personnel. The Police Cchief or the Police Chief’s designated representative his designee shall post shift assignments no later than June 15th and December 15th of each year. In order to assist the affected employees in their personal scheduling, once the bidding process is completed, the starting and finishing time of any shift may be designatedmodified by no more than two hours either way. Notwithstanding anything recited above to the contrary, accompanied the Town retains the right to remove an individual from a shift assignment and fill that shift assignment with another individual in those instances, in the Chief’s judgment, where such a change is warranted. Such instances include, but are not limited to, employee burnout, disciplinary action, employee family crisis, shortfalls due to sickness, or occasions involving allegations of sexual harassment or employment discrimination. The Chief’s decision shall not be arbitrary and may be appealed to the Town Manager. The Town Manager’s decision shall be final and shall not be subject to review or grievance of any kind. Any appeal shall not postpone the decision of the Chief, but the employee affected shall have the right to an explanation and an opportunity to be heard and present his or her response to the Chief prior to the transfer being imposed. In the event that a transfer is ordered by the Police Chief or the Police Chief’s designated representative his designee, rebidding shall be open to all employees of the collective bargaining unit eligible for the shift opening in a less senior position to the individual removed from the department shift. However, no rebidding shall occur in the event that a shift transfer is made during the last two months of the shift assignment period at which time the Chief shall complete the shift transfer and reassignment with no subsequent rebidding until the annual bidding process is initiated once again according to the process described above. Shift bidding for Brattleboro Central Dispatch In a good faith effort to accommodate the wishes of the association, the Town is willing to allow shift bidding by seniority during the term of this agreement. Each Full Time Dispatcher shall have the opportunity to bid for a shift based on seniority. The shift assignment shall run from the first pay period in July through June of any given year. No later than May 15 of each year the Chief Dispatcher after choosing his/hertheir shift shall post a list of available shifts for bidding for the next year along with a seniority list that is accurate as of April 30 of the current year. Dispatchers shall write their names into the available slots in order of seniority. Once the slots are all filled and all the Dispatchers have written their name, an elected member of the collective bargaining unit shall sign and date the shift bidding sheet and submit it to the Chief Dispatcher. In the event that shifts are not filled due to a shortage of Dispatchers, the Chief Dispatcher shall have sole discretion for the assignment of personnel. The Chief Dispatcher shall post shift assignments no later than June 15th of each year, in order to assist the affected dispatchers in their personal scheduling. In the event that a shift becomes available due to transfer or resignation, rebidding shall be open to all dispatchers eligible for the employee involvedshift opening in a less senior position to the individual removed from the shift. However no rebidding shall occur in the event that a shift is made open during the three months prior to the annual bidding process and no shift transfers once shift bidding is initiated. Once completed shift swaps and transfers shall be at the sole discretion of the Chief Dispatcher. Any individual wishing to request a shift transfer may state his/hertheir explanation to the Chief Dispatcher and the decision shall be that of the Chief Dispatcher. The decision may be appealed to the Town Manager. The Town Managers decision shall be final and shall not be subject to review or grievance of any kind.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as an alleged violation of a specific article 9.01 The procedure for resolving differences between the parties bound by this Agreement concerning its interpretation, application, operation or section of this Labour Agreement. If any such grievance arises, there violations thereof shall be no stoppage or suspension as follows: (3) An employee shall file his grievance with his Supervisor within seven (7) working days of work or discriminatory action his having opportunity to become aware of his grievance. The employee's Supervisor, the employee and Shop Xxxxxxx shall meet promptly to endeavour to resolve the grievance. This time limit is mandatory, and if it is not complied with (provided it has not been waived by the Company because of such grievance, but such parties) the grievance shall be submitted deemed to be abandoned. Should a solution not be reached by Step 1, the grievance shall be filed in writing to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offenceBranch Manager. The Branch Manager, the Company employee, Shop Xxxxxxx and/or the Business Representative shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within five seven (57) working days either take disciplinary action or notify the offender(s) that disciplinary action is of its being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arisesfiled, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall will automatically be referred to the Committee President Region Manager. The Region Manager, or his alternate designate, in the event that he is absent, and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt a Representative of the xxxxxxx'x or supervisor's answerUnion, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to promptly attempt to resolve the grievance. The Company representative If they are unable to resolve the grievance within ten (10) working days of its being referred to the Region Manager, it shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meetingautomatically be referred to Arbitration under this Article. 8.04 Step Three: 9.02 Where the parties elect to proceed to Arbitration, the party requesting arbitration will name to the other party its selected single arbitrator in its request. If the grievance a single arbitrator is not resolved at Step Two, representatives of the Company shall agreed upon within seven (7) days meet days, they shall request the Minister of Labour for Canada to appoint a qualified arbitrator. X.X Xxxxxxx Company Drivers 2018 -2021 The arbitrator shall have the power to order, if he deems proper that any 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. The decision of the Committee Presidentarbitrator shall be binding on both parties. Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Arbitrator shall be shared equally between the parties. In the event of an Arbitrator being appointed, it is agreed by both the Union and the Company, that the Arbitrator shall be requested to hand down his decision within ten (10) days, or his designated representative, as soon thereafter as may conveniently be arranged. The Company and such other representative the Union may mutually agree in writing to waive any of the Committee as may time limits set out in this Article. All time limits contained herein shall be designatedconsidered working days exclusive of Saturdays, accompanied by Sundays and General Holidays. If the representative from the department Company or the employee involvedUnion has a policy grievance it shall begin at Step 3 of the Grievance Procedure.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as an alleged violation Should any difference, disputes, or complaints arise over the interpretation or application of a specific article or section the contents of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension an xxxxxxx effort made on the part of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted both parties to settle same promptly through the following grievance and arbitration procedure.steps: (a) After Step 1. By conference between the Director of Human Resources becomes aware of an offenceaggrieved employee, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Union Xxxxxxx and/or Union Representative, may present or both, and the grievance to his xxxxxxx or supervisorStore Manager. Within Store Management shall make its decision known within two (2) working days after thereafter. If the presentation of the grievancematter is not resolved in Step 1, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One it shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next stepStep 2 within two (2) working days. 8.03 Step Two: 2. By conference between the Union Representative and a supervisor of the Employer. The Employer shall make its decision known within three (3) working days thereafter. If the grievance matter is not resolved at in Step One2, the Committee President may, it shall be reduced to writing and referred within five three (53) working days of receipt to Step 3. Step 3. By conference between an official or officials of the xxxxxxx'x or supervisorUnion and a designated representative of the Employer. Step 4. In the event the last step fails to settle the complaint, it shall be promptly referred within seven (7) working days to Arbitration. In any case in which an employee is aggrieved and the Union promptly notifies the employee that it does not intend to request arbitration after the Step 3 meeting, the time for requesting arbitration shall be stayed pending the employee's answer, submit exhaustion of internal union appeals to the Department Manager a signedUnion's Executive Board. The Employer and the Union shall mutually agree to an impartial arbitrator to hear said arbitration case; however, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall if said arbitrator cannot be chosen within three (3) days meet with then the Committee President or his designated representative and, if necessary, Federal Mediation and Conciliation Service will be requested to furnish a panel of seven (7) names from which the Representative concerned to attempt to resolve the grievancearbitrator may be chosen. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall arbitrator will be selected within seven (7) days meet with after the Committee Presidentreceipt of the panel by both parties. The arbitrator may be chosen by alternately striking names. The party striking first will be determined by the flip of a coin. The decision of the arbitrator shall be binding on both parties. The expenses of the arbitrator shall be paid for jointly. Should either party postpone a scheduled arbitration date, that party shall be responsible for any cancellation fee. Such Arbitrator shall not be empowered to add to, detract from, or his designated representative, and such other representative alter the terms of the Committee as this Agreement. The Employer may be designated, accompanied by the representative from the department at any time discharge any employee for proper cause. The Union or the employee involvedmay file a written complaint with the Employer within seven (7) days after the date of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly. If the Employer and the Union fail to agree within five (5) days, it shall be referred to Arbitration. Should the Arbitrator determine that it was an unfair discharge, the Employer shall abide by the decision of the arbitrator. Grievances must be taken up promptly. No grievance will be considered, discussed, or become arbitrable which is presented later than seven (7) days after such has happened. The Employer shall have the right to call a conference with a Union xxxxxxx or officials of the Union for the purpose of discussing any grievance, criticisms, or other problems. Grievances will be discussed only through the outlined procedure; except that by mutual agreement between the Union and the Employer, the time limits may be waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A Section 16.1. Employees will follow all lawful written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein. The following rule applies to all employees: Follow the order first; grieve later. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, the following is the sole and exclusive method for the resolution of grievances, which are defined as an alleged violation disputes involving the interpretation or application of a the specific article or section provisions of this Labour Agreement, except Management Rights, and all disciplinary actions involving suspensions greater than 24 working hours, certain demotions and/or dismissals; however, arbitration is limited further as set forth below. If The Town need not entertain or process under this Article any such dispute or other matter not meeting this definition. Performance evaluations are not subject to the grievance arisesor arbitration process. Section 16.2. For the purpose of this Article, there time is considered to be of the utmost importance. Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with the time limits provided below shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance considered conclusively abandoned and shall be submitted to the following grievance barred, forfeited, and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement forever foreclosed for all contractual purposes and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days result in the forfeiture of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance all rights to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involvedarbitration. Any grievance which cannot answered by management within the prescribed time limit may be adjusted at Step One shall be referred advanced to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Section 16.3. No grievance will or need be entertained or processed unless prepared in writing in the manner described herein, and unless filed in the manner provided herein within the time limit prescribed herein. The Union is under no obligation to process a grievance for an employee who is not a member of the Union; therefore, nonmembers of the Union who are covered by this Agreement shall be responsible for filing their own grievances. Section 16.4. Grievances shall be presented in the following manner: Step Two1: If The aggrieved employee with or without a union representative shall first present the grievance is not resolved at Step One, in writing and dated to the Committee President may, Police Chief within five ten (510) working calendar days of receipt the occurrence of the xxxxxxx'x or supervisor's answer, submit event(s) which gave rise to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company written grievance at this step and all steps thereafter shall contain the following information: 1. A statement of the grievance, including the date of occurrence, and factual basis for the grievance; 2. The Article and section number of the Agreement alleged to have been violated; 3. The action, remedy, or solution requested by the employee or Union representative; and 4. The signature of the aggrieved employee and the signature of the Union representative or Union agent. The Police Chief shall respond, in writing, within twenty (20) calendar days of receiving the written grievance. Step 2: In the event that the employee is not satisfied with the disposition of the grievance at Step 1, by the Police Chief, the aggrieved employee/Union representative shall give have the Committee President or his alternate an answer in writing no later than three right to appeal the decision to the Town Manager within ten (310) calendar days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet date of the issuance of the decision of the Police Chief. The Town Manager may, but need not, hold a meeting with the Committee Presidentgrievant and Union representative. The Town Manager shall, or his designated representative, and such other representative within twenty (20) calendar days of the Committee as may be designatedTown Manager’s receipt of the appeal, accompanied by the representative from the department or the employee involved.render a decision in writing. Step 3:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 36.01 A grievance is defined as an any difference or dispute arising between the Union and the Company relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a specific article or section matter is arbitrable. 36.02 There are three types of grievance under this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure.collective agreement: (a) After the Director of Human Resources becomes aware An Individual Grievance, which is an unresolved complaint of an offenceindividual employee wherein he or she believes that the collective agreement has been improperly interpreted, applied or administered to his or her detriment. An Individual Grievance may be submitted at Step 1 of the Company grievance procedure following the attempt to try to resolve the matter as per 36.04. (b) A Group Grievance, which is an unresolved complaint of a group of employees wherein they believe that the collective agreement has been improperly interpreted, applied or administered to their collective detriment. A group grievance may be submitted at Step 1 of the grievance procedure within ten (10) days of when the employees became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred. (c) A Policy Grievance which is an unresolved issue arising between the Union and the Employer around the interpretation, application or administration of the collective agreement but does not include matters which could be pursued either as an Individual or Group Grievance. A policy grievance may be submitted by the Union or the Employer at Step 2 of the grievance procedure within ten (10) days of when the party became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred. 36.03 For the purpose of this Article, reference to "days" relating to Steps in the grievance and arbitration procedure shall mean calendar days. 36.04 Employees who have a complaint shall first take the matter up with their supervisor/Manager within five (5) working days either take disciplinary action when the cause of the complainant occurred or notify ought to have reasonably come to the offender(s) that disciplinary action is being contemplated. (b) attention of the employee. The time limits employee may be extended accompanied by mutual agreement a Xxxxxxx and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, Xxxxxxx may also discuss the employee alone or matter with the assistance of a Representative, may present Supervisor/Manager before the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and is committed to writing for adjustment at the next step. 8.03 Step Two: writing. If the grievance is not resolved at Step One, the Committee President may, within five four (54) working days of receipt of the xxxxxxx'x or supervisor's answerits first being raised, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as it may be designated, accompanied by taken in the representative from the department or the employee involved.following manner and sequence:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A A. For the purpose of this Agreement, a grievance is defined as an a dispute between the parties concerning the meaning, interpretation, application or alleged violation of a specific article or section of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance the express terms of this Agreement or a claim by the Union that an employee was disciplined without just cause. B. Grievances meeting the above definition shall be submitted to processed in the following grievance and arbitration procedure. manner: Grievances concerning suspensions of three (a3) After or more days, or termination from employment shall be processed at STEP TWO, with seven (7) calendar days permitted for the Director of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation initial filing of the grievance, . In the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If event the grievance is not resolved at Step OneSTEP TWO, the Committee President may, Union may refer the Grievance to arbitration by written notice to the General Manager within five (5) working 30 calendar days of receipt following the date of the xxxxxxx'x General Manager’s or supervisor's answer, submit to designee’s response in STEP TWO. Mediation Option- In the Department Manager a signed, written statement of grievance. Upon receipt of event that the written grievance, grievance process has been unsuccessful the Department Manager or his designated Representative shall within three (3) days meet with parties may upon mutual agreement defer the Committee President or his designated representative and, if necessary, the Representative concerned to attempt arbitration process reflected herein and seek to resolve the grievancegrievance by use of Mediation. The Company representative shall give Agreement to use the Committee President or his alternate an answer mediation process will not negate either party’s right to the timely use of the arbitration process should mediation not result in writing no later than three (3) days after the above mentioned meetinga resolution. 8.04 Step Three: If the grievance is not resolved at Step TwoC. After a demand for arbitration has been made, representatives of the Company shall within seven (7) calendar days meet the Union shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) names of impartial Arbitrators in the region nearest to the Company’s premises. The Union shall have the option of suggesting an individual arbitrator, subject to approval of the Company. A decision by the Company to not accept the suggested individual arbitrator shall not be grieveable and shall be final. Such action by the Company shall result in the FMCS procedure being followed. The Company and the Union shall, within seven (7) calendar days following receipt of the list of Arbitrators from FMCS, alternately strike names from the list until only one (1) name remains. A coin flip will determine which party strikes first at the initial arbitration. At subsequent arbitrations the order of who strikes first shall be alternated. The remaining Arbitrator shall act as the Impartial Arbitrator who shall hear and decide the issue. Either party may request one time a new list of arbitrators at their cost. D. It is understood that the Arbitrator shall be without authority or jurisdiction to add to, remove from, alter, or otherwise amend in any way any provision of this Agreement. The jurisdiction and authority of the Arbitrator shall be for the determination of such grievance, expressly limited to the interpretation, application and compliance with the Committee Presidentprovisions of this Agreement and supplements or appendices hereto, relating to the rates of pay, hours or other conditions of work, as set forth in the Agreement. E. The salary and all expenses of the Arbitrator, and the cost of FMCS panel, shall be shared equally between the Company and Union. Unless otherwise specifically agreed in advance, each party shall be responsible for costs it incurs and for the expenses of presenting its case. F. The Arbitrator’s decision shall be in writing and served on the Company and Union. The decision of the Arbitrator shall be final and binding upon the Company and the Union. In no event may an Arbitrator’s decision provide for a back pay remedy in excess of ten (10) workdays prior to the date the underlying grievance was filed. G. It is the intent of the parties that the time limits provided for shall be strictly adhered to. Exceptions to the foregoing time limits shall be made only upon mutual written agreement of the parties. Should the Company respond in an untimely manner to a Grievance at Step One or Step Two according to the time periods set forth above, the Grievance shall proceed to the next step. If the grievance must progress to the next step due to the Company’s failure to respond in a timely manner, all time limits shall be extended an additional 30 days. If a time limit expires on a Saturday, Sunday, or his designated representativeholiday, and such other representative of the Committee as may final day shall be designated, accompanied by the representative from the department or the employee involvednext business day.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A In this Article a grievance is defined as an alleged violation shall consist only of a specific article or section dispute concerning the interpretation and application of any clause in this Labour Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. If any question arises as to whether a particular dispute is, or is not a grievance, within the meaning of these provisions, 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 grievance arisespromptly, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to through the following grievance steps: By conference between the aggrieved employee, Xxxxxxx and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall Xxxxxxx. Such conference to be held within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5General Holidays excluded) days of and the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor Xxxxxxx shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt (Saturdays, Sundays and General Holidays excluded) of the xxxxxxx'x or supervisor's answerpresentation of the grievance to Failing settlement as in (a) by the Xxxxxxx and the Xxxxxxx, the Xxxxxxx may ask the Xxxxxxx to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the Xxxxxxx and the Xxxxxxx to submit a written report to the Department Manager Manager. If a signedgrievance is not settled after making every endeavour in procedures outlined in (a) and it shall be referred to the General Manager. Should the parties fail to reach satisfactory settlement in the preceding steps, written statement of grievance. Upon receipt the final settlement of the written grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Department Manager or his designated Representative General Manager shall within three (3) days meet endeavour to settle the matter with the Committee President or his designated representative andXxxxxxx and in the event of failure, if necessaryshall deal with an official of the Union. Before submitting the grievance to arbitration, the Representative concerned dispute may, by mutual agreement, be brought to attempt the attention of a Joint Grievance Committee, established for his purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to resolve render a majority decision, the grieving xxxxx must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance. The Company representative shall give the Committee President or his alternate an answer , proceed to Arbitration as outlined in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.Article section

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 37.01 A grievance is defined as an any difference or dispute arising between the Union and the Company relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a specific article or section matter is arbitral. 37.02 There are three types of grievances under this Labour Collective Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure.: (a) After the Director of Human Resources becomes aware An Individual Grievance, which is an unresolved complaint of an offenceindividual employee wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their detriment. An Individual Grievance may be submitted at Step 1 of the Company shall within five (5) working days either take disciplinary action or notify grievance procedure following the offender(s) that disciplinary action is being contemplatedattempt to try to resolve the matter as per 37.04. (b) The time limits A Group Grievance, which is an unresolved complaint of a group of employees wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their collective detriment. (c) A Policy Grievance which is an unresolved issue arising between the Union and the Employer around the interpretation, application or administration of the Collective Agreement but does not include matters which could be pursued either as an Individual or Group Grievance. A policy grievance may be extended submitted by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 the Union or the Employer at Step One: Within five 2 of the grievance procedure within ten (510) days of when the time party became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred. 37.03 For the purpose of this Article, reference to "days" relating to Steps in the grievance and arbitration procedure shall mean calendar days. 37.04 Employees who have a grievance arises, complaint shall first take the employee alone matter up with their Supervisor/Manager or will bring it to a Union Representative who will take the matter up with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Supervisor/Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet when the cause of the complainant occurred or ought to have reasonably come to the attention of the employee. The employee may be accompanied by a Xxxxxxx/Committee Person and the Xxxxxxx/Committee Person may also discuss the matter with the Committee President, Supervisor/Manager before the grievance is committed to writing. If the matter is not resolved within seven (7) days of it first being raised or his designated representative, and such other representative if the decision of the Supervisor/Manager is not satisfactory to the Xxxxxxx/Committee as Person, the Xxxxxxx/Committee Person may appeal the decision by filing a grievance. The grievance will be designatedcommitted to writing and delivered to the Manager, accompanied Supervisor or the Human Resources department within seven (7) days after the Xxxxxxx has received the decision. Following the issuance of the grievance, proceed to Step One (1). 37.05 Grievances may also arise from the issuance of a corrective action by the representative Employer. An employee that is given a corrective action and feels that the subject matter or the punishment resulting from the department or corrective action is inappropriate may file a grievance within seven (7) days after the employee involvedEmployee has been issued the corrective action. Grievances will be committed to writing and delivered to the Human Resources department. Following the issuance of the grievance, proceed to Step One (1). 37.06 Step One

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as an alleged violation shall consist of a specific article or section dispute concerning the interpretation and application of this Labour any clause inthis Agreement, alleged violations of the Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of the Agreement. If any such question arises as to whether a particular dispute is or is not a grievance ariseswithin the meaning of these provisions, there the question may be taken up through the grievance procedure and determined, if necessary, by arbitration. There shall be no stoppage or suspension an xxxxxxx effort on the part of work or discriminatory action by the Company because of both parties to settle such grievance, but such grievance shall be submitted to grievances promptly through the following grievance and arbitration proceduresteps. (a) After By a conference betweenthe aggrieved employee and the Director of Human Resources becomes aware of an offenceManager or designate. Failing settlement, the Company shall grievance must be submitted, in writing, within five ten (510) working days either take disciplinary action or notify from the offender(s) that disciplinary action is being contemplated. (b) date the alleged violation became knownto the The time limits may be extended accompanied by mutual agreement a Union Xxxxxxx and, if deemed necessary by the Union, shall also be accompanied by a business representative of the Union. Failing settlement at the above step, the Manager shall render decision in writing and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present refer the grievance to his xxxxxxx and arrange a meeting between the Union and the General Manager or supervisor. Within two designatewithin seven (2) days after the presentation 7)days of the grievance, date that the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involvedgrievance was registered in writing. Any grievance which cannot be adjusted at Step One This meeting shall be referred to held in the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt locale of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievanceterminal involved unless otherwise agreed. Upon receipt of the written grievance, the Department The General Manager or his designated Representative designate shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer render decision in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet from the date that the grievance was referred to Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to Arbitration as outlined in Article hereof. 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 seven (7) calendar days of the alleged violation of the Agreement and, by such notification, arrange a meeting within fourteen (14) calendar days betweenthe General Manager or designate and a duly accredited principal officer of the local Union or designate. Should the griever fail to reach a satisfactory settlement, the grievance may be submitted to Arbitration as outlined in Article hereof. It shall be the responsibilityof the party desiring arbitrationto so informthe other party in writing in the case of: (a) an employee grievance within thirty (30) calendar days after the General Manager or designate has rendered a decision or failed to render a decision as provided for in Article a Company grievance within thirty (30) calendar days after the meeting with the Committee PresidentUnion representative; a Union grievance within thirty (30) calendar days after the meeting with the Company's representative. A Notice of Intent to Arbitrate under the foregoing provision shall contain five names of the suggested arbitrator and, within thirty (30) calendar days from the receipt of the Noticeof Intent to Arbitrate, the other party must in turn accept a proposed arbitrator or suggest five names of proposed arbitrators. Should either party fail to name their proposed arbitrator within the required thirty (30) calendar days, or his designated representative, and such other representative of should the Committee as may be designated, accompanied by the representative from the department or the employee involved.parties fail to select an arbitrator within thirty

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as an alleged violation shall consist of a specific article or section dispute concerning interpretation and application of any clause in this Labour Agreement, alleged violations of the Agreement. If any such question arises as to whether a particular dispute is or is not a grievance ariseswithin the meaning of these provisions, there the question may be taken up through the Grievance Procedure and determined, if necessary, by Arbitration. There shall be no stoppage an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps: Step By a conference between the aggrieved employee and his immediate Manager. A Xxxxxxx or suspension of work or discriminatory action by a Business Representative shall accompany the Company because of such grievancegriever. Failing settlement, but such the grievance shall must be submitted in writing to the following grievance Gateway Manager or his designate within working days from the date of the alleged violation of the agreement or from the date that the alleged violation become known to the griever. The day limitation provided shall not deprive an employee or the Union of the right to register a retroactive claim for Health and arbitration procedure. (a) After Welfare Benefits or Pension, where such premiums or benefits have not been paid in line with the Director provisions of Human Resources becomes aware of an offencethis Agreement. Step Failing settlement at the above step, the Company Gateway Manager shall render his decision in writing within five (5) working days and shall refer the grievance to and arrange a meeting between the Union and the Gateway Administrative Manager or his designate within the ten (10) working days following the date that the grievance was registered in writing. The meeting shall be held at the office of the employee unless otherwise agreed. The Gateway Administrative Manager or his designate shall render his decision in writing within seven (7) working days the date that the grievance was referred to him. Should the parties fail to reach a satisfactory settlement in the preceding step, the grievance may be submitted to a Grievance Mediator under the provisions of the Canada Labour Code. Step Failing settlement in the above cited steps the grievance may be referred to arbitration as hereinafter provided. 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 seven (7) calendar days of the alleged violation of the agreement and by such notification arrange a meeting within fourteen (14) calendar days between the Gateway Administrative Manager or his designate and a duly accredited principal officer of the Local Union or his designate. Should the fail to reach a satisfactory settlement, the grievance may be submitted to a Grievance Mediator under the provision of the Canada Labour Code and/or Arbitration as hereinafter provided. Grievances dealing with discharges and suspensions shall be registered in writing within seventy-two (72) hours (Saturdays, Sundays and General Holidays excluded) the time of the discharge or suspension and shall commence with Step of the Grievance Procedure as outlined in Section It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of a) an employee grievance within fourteen (14) calendar days after the Gateway Administrative Manager or his designate has rendered a decision or failed to render a decision as provided for in Section a Company grievance within fourteen (14) calendar days after the meeting with the Union Representative; a Union grievance within fourteen (14) calendar days after the meeting with the Company’s representative. The parties agree to utilize the services of a sole Arbitrator. A notice of intent to arbitrate shall contain the name of the grieving party’s selection for sole arbitrator. Should the parties fail to agree upon a sole Arbitrator within thirty (30) calendar days the date of the notice of intent to arbitrate, either take party may request the Federal Minister of Labour to make the appropriate appointment. The Arbitrator 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. The Arbitrator however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board. The Arbitrator’s decision shall be final and bind the Company, the Union and the Each of the parties hereto will equally bear the fees and expenses of the sole Arbitrator. All monetary grievances that are mutually agreed upon shall be paid the following pay period, either by separate cheque or, in the alternative, the employee’s regular cheque shall be accompanied by a written statement outlining the amount and grievance settlement involved. Any employee covered by this Agreement when called into the Company’s office for any discussion, which may result in disciplinary action or notify a grievance, may, upon request, be accompanied by a Xxxxxxx or a Business Representative. A grievance, once submitted in writing, shall not be withdrawn or settled when such withdrawal or settlement of such grievance is, in the offender(s) that disciplinary action is being contemplated. (b) opinion of the Union, not in concert with the provisions of this Agreement. The time limits provided for in Article are mandatory and may only be extended by mutual agreement between the Company and shall exclude Saturdaysthe Union. All action will be removed from employees’ personnel record after a period of twenty four (24) months fi-om date of issuance. Upon a request in writing, Sundays and holidays. 8.02 Step One: Within five (5) days of an employee may review his personnel file, in the time a grievance arises, the employee alone or with the assistance presence of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or and if he so chooses with his alternate an answer in writing no later than three (3) days after the above mentioned meetingUnion Representative. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 Section 1: A grievance is defined as a complaint, dispute, or controversy in which it is claimed that the Company has failed to comply with an alleged violation of a specific article or section obligation assumed by it under the terms of this Labour Agreement. If any such grievance arises, and which involves either (1) a disagreement as to the facts involved; (2) a question concerning the meaning, interpretation scope, or application of this Agreement; or (3) both. Section 2: It is agreed that there shall be no stoppage a grievance committee of the union at the Plant whose duty it shall be to make an xxxxxxx effort to settle any grievances or suspension of work or discriminatory action by differences that might arise between the Company because and the employees as to working conditions, discharges, seniority rights, layoffs, and re-call. The company agrees to meet with such committee to resolve grievances. Section 3: It is agreed that unless such meetings would interrupt operations of the plant’s production or otherwise interfere with working schedules, all grievances shall be taken up during the working hours. Section 4: Either party may request an extension of the time limits in the grievance procedure. However, such extensions must be mutually agreed to in writing. Section 5: If the Company does not answer the grievance within the specified time limits at any step, the Union shall have the right to refer the grievance to the next step. Section 6: In discharge cases only, the grievance may be initiated at Step 3 of the grievance procedure within seven (7) calendar days of the discharge. Section 7: It is understood that any employee who feels that he / she has a just grievance shall process it in the following manner: Step 1: The employee and / or Union Representative shall refer to the matter to the employee’s immediate supervisor within seven (7) calendar days of the occurrence of the grievance. Failing satisfactory settlement of the grievance, but such the employee shall present the grievance shall be submitted in writing to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall his immediate supervisor within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) calendar days of the time initial referral. Step 2: The Manufacturing Unit or Plant Manager and / or his representative shall hold a meeting and give an answer within ten (10) calendar days of the submission in writing. If the decision of the Manufacturing Unit or Plant Manager and / or his representative is not satisfactory to the grievance arisescommittee, the employee alone or with the assistance of a Representative, committee may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) calendar days meet present the grievance in writing to Step 3 or the grievance will be considered dropped. Step 3: If the written grievance, as submitted in Step 2, has not been satisfactorily settled, the Union shall have the right to refer the grievance to an International Representative of the Union and / or their representative who shall arrange a meeting with the Committee PresidentPlant Human Resources Manager and / or his representative to occur within thirty (30) calendar days of the receipt of the Step 2 answer. The Plant Human Resources Manager and / or his representative shall give an answer in writing within fourteen (14) calendar days after the meeting. If the Company does not answer in writing the grievance within the fourteen (14) day period, the grievance shall be considered settled in favor of the Union on a non-precedent setting basis. The above sentence does not apply in cases of discipline or discharge. Step 4: If the written grievance has not been satisfactorily settled in Step 3, the grievance may be appealed to arbitration within thirty (30) calendar days of the receipt of the Step 3 answer or it will be considered dropped. Grievance appealed to arbitration shall be processed as follows: (A) The Company and the Union shall mutually agree upon the impartial arbitrator. If they are unable to agree upon an impartial arbitrator within ten (10) calendar days after such arbitration has been requested, the Director of the Federal Mediation and Conciliation Service shall be requested to submit to both parties a panel of arbitrators. An arbitrator from this panel shall be accepted by agreement of both parties, or his designated representative, by striking names alternately until only one (1) name remains. Such appointments shall be final and such other representative must be accepted by both parties. (B) The fee and all expenses of the Committee as arbitrator shall be borne equally by the company and the Union, provided, however, that the fees and expenses of witnesses, the cost of documentary evidence and matters of that nature shall in all cases be borne by the parties procuring the same. (C) If it is determined at arbitration that an employee has been discharged or suspended unjustly, he may be designated, accompanied by compensated for loss of seniority and earnings at the representative from discretion of the department arbitrator. (D) The arbitrator’s awards and opinions shall only involve the interpretation or application of this Agreement and shall be final and binding on both parties. Section 8: Duties of the employee involvedArbitrator are to hear and render decisions on disputes within his jurisdiction certified to him in accordance with the terms of this Agreement. The arbitrator shall regard the provisions of this Agreement as the sole and complete manual understanding governing the relationship of the Parties. The arbitrator’s function is to interpret and apply the specific provisions of the Agreement and to decide cases of violation or noncompliance with those provisions.

Appears in 1 contract

Samples: Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as shall consist of a dispute concerning interpretation and application of any clause in this Agreement alleged violations of the Agreement and alleged abuses of discretion of supervision in the treatment of Union members or the arbitrary or discriminatory cancellation of an Owner-operator’s service contract, contrary to the terms of this Agreement. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly and through the following steps: By conference between the aggrieved Union member 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 a specific article or section of this Labour the Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by Failing settlement at the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offenceabove step, the Company Branch Manager shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement render his decision in writing and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present refer the grievance to his xxxxxxx or supervisor. Within two (2) days after and arrange a meeting between the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee Union and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department General Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall designate within seven (7) days of the date that the grievance was registered in writing. The General Manager or his designate shall render his decision in writing within seven (7)days the date that the grievance was referred to him. In the event the Union or the Company has a grievance, it shall be the responsibility of the to advise the other party in writing within seven (7) calendar days of the 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 duly accredited principal officer of the Local Union or his designate. Should the fail to reach a satisfactory settlement, the grievance may be submitted to a Board of Arbitration as outlined in section Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to an arbitration board as outlined below. Before submitting the grievance to arbitration, the dispute shall, if requested by the grieving party, and in accordance with the procedures outlined in this Section, be brought to the attention of a Joint Grievance Committee established for this purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision, unless it is deadlocked, which shall be final and binding and have the same judicial powers as a Board of Arbitration. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) the Local Unions. It is further agreed that in the event that any Ontario Joint Grievance Committee is unable to render a majority decision, the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Committee declares a deadlock, unless they wish to withdraw the grievance, proceed to arbitration as outlined in Section It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: an Owner-operator grievance within fourteen (14) calendar days after the General Manager or his designate rendered a decision or failed to render a decision as provided for in section a Company grievance within fourteen (14) calendar days after the meeting with the Union representative; a Union grievance within fourteen (14) calendar days after the meeting with the Company’s representative. A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s nominee to the Board of Arbitration and within seven (7) calendar days from the receipt of the notice of intent to arbitrate, the other party must in turn name their nominee. A third member to act as Chairman shall be appointed by the respective nominees. Should either party fail to name their nominee within the required seven (7) calendar days or should the nominees fail to select a Chairman within thirty (30) calendar days the date of their appointment, either party or their nominee shall request the Provincial or Federal Minister of Labour to make the appropriate appointment. The Board of Arbitration shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this Agreement or to give any decision inconsistent with the terms and provisions of this Agreement. The Board shall have the authority to vary or set aside any penalty or discipline imposed relating to the grievance if it is deemed justified to do so. Each of the parties hereto will bear the expense of their nominee to the Board of Arbitration, and the parties will equally bear the fees and expenses of the Chairman. The Company shall not be responsible for the remuneration of time used by an Owner-operator in the investigation and settlement of a grievance. Prior to proceeding to a three (3) person Board of Arbitration, the parties may, by mutual agreement, elect to have the grievance heard by a single arbitrator. Should the parties fail to appoint a one (1) person Board of Arbitration within thirty (30) days from the date of the written referral to arbitration, either party may request the Minister of Labour to make the appropriate appointment. In the event the Company has a grievance they shall notify the principal officer of the Union by fax and a meeting will be arranged within twenty-four (24) hours receipt of the fax to discuss the alleged violation and grievance. In the event that the Union refuses to meet with the Committee President, or his designated representative, and such other representative Company within the twenty-four (24) hour period as prescribed above the Company may then proceed to Arbitration. These provisions are alternative to the grievance procedures of the Committee Company as may set forth in section The mandatory time limits and procedures set out above must be designated, accompanied observed by the representative from Union in order to proceed to arbitration and must also be observed by the department or the employee involvedCompany commencing with Section unless waived by mutual agreement.

Appears in 1 contract

Samples: Owner Operator Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance It is defined the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement s/he may at her/his option discuss it with her/his immediate supervisor within three days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a specific article response to the complaint within three days. These discussions will not establish precedent. Failing settlement, or section failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union Xxxxxxx covered under this Labour Collective Agreement. If any such Grievances must be tiled within fifteen working days of grieved act or except where both parties agree to an extension of time. There is no grievance arisesuntil an employee has reported her/his complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, there shall be no stoppage a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or suspension Employer from relying upon other provisions of work or discriminatory action the Agreement. Step Grievance form is completed in duplicate and signed by the Company because of such grievanceemployee and Union Xxxxxxx, but such grievance shall be submitted presented to the following Supervisor by the Union Xxxxxxx and employee(s) (at their option). Both copies are to be returned by the Supervisor with her/his signed comments to the Union Xxxxxxx within three working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a Xxxxxxx or Union Official. ati ISftesp sfaction is not obtained in Step the Union Xxxxxxx, within five working days, may refer the grievance to the Department Manager or designate, who will meet and arbitration procedure. discuss the grievance with the Union Xxxxxxx, employee(s) (aat their option) After and the Director Human Resources Consultant then render a decision in writing on the prescribed forms within five working days of receiving the grievance from the Union Xxxxxxx. If s ti a sfaction is not obtained in Step the Union may within ten working days, refer the grievance to the Vice President of Human Resources becomes aware or designate who shall meet with the Vice President of an offencethe Union or designate, employee(s) (at their option) and a Human Resources Consultant to review the grievance and shall render a decision in writing within ten working days. The Union or Employer shall have the right to initiate at Step grievances arising out of the interpretation, administration or alleged violation of any provision of this Agreement which is a policy matter that affects the Union or Employer in any way. Should the Union or Employer fail to receive a decision within the time limit set out in the grievance procedure, the Company grievance shall automatically proceed to the next step. The Union shall provide the Employer’s Human Resources Department with a letter confirming resolution of the grievance within five (5) ten working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) days. The time limits fixed in Grievance Adjustment may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days consent of the time a parties of this Agreement. Time absent from work for grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance representation is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied paid by the representative from the department or the employee involvedEmployer.

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance The parties to this Agreement are agreed that it is defined as an of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violation of the Agreement as quickly as possible. To this end, the parties agree to initiate grievances promptly by bringing them to the attention of the other party as soon as possible in each instance. It is understood that a specific article or section of this Labour Agreementcomplaint will not constitute a grievance until an employee has afforded immediate supervisor an opportunity to review and, if necessary adjust the complaint. If any such grievance arises, there Such complaint shall be no stoppage or suspension of work or discriminatory action by raised with the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall employee’s supervisor within five (5) working days either take disciplinary action following the date on which the circumstances which gave rise to the complaint became known or notify ought to have been known to the offender(s) that disciplinary action is being contemplated. (b) employee. The time limits may be extended by mutual agreement and supervisor shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within answer the complaint within five (5) days of working days. If the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally ’s decision is not satisfactory to the employee and concerned, then the Representative involved or to the Committee President and the Representative involved. Any formal grievance which cannot procedure may be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, used within five (5) working days of receipt of the xxxxxxx'x or supervisor's ’s answer; or, submit to failing an answer within the Department Manager a signedtime limit, written statement of grievance. Upon receipt then within ten (10) working days of the written grievance, date the Department Manager complaint was first presented. No grievance shall be considered where the events giving rise to it occurred or his designated Representative shall within three originated more than fifteen (315) full working days meet with before the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve filing of the grievance. Grievances properly arising under this Agreement shall be adjusted and settled as follows: The Company aggrieved employee shall present grievance to supervisor on the Grievance Form provided by the Union. The information presented on the Grievance Form shall include, without limitation, the Article or Articles, and alleged to be violated or that require interpretation. The employee shall have the assistance of a Union representative if so desired. The supervisor shall give a written decision within two (2) full working days following presentation of the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: grievance. If the employee’s supervisor is also the employee’s department head, the grievance may be initiated at Step If the supervisor’s decision is not resolved at Step Twosatisfactory to the employee concerned, representatives of then the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as grievance may be designated, accompanied by the representative from the department or the employee involved.presented as follows:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is Section 18.1 Grievances are defined as an alleged violation disputes arising between the Employer and the employee(s) or between the Employer and the Union with respect to the interpretation or application of a specific article or section the terms of this Labour Agreement. Disputes shall be settled according to the following procedures: Step 1. Employee grievances shall be taken up with the employee's immediate supervisor by the employee and/or a Shop Xxxxxxx and/or Union Representative within ten (10) calendar days of the time when the employee knew or should reasonably have known of the act or occurrence, whichever is later. Step 2. Disputes not settled in Step 1 shall be reduced to writing and referred to the Employer representative within ten (10) calendar days from the date the grievance was responded to by the immediate supervisor. The Union and Employer representatives shall utilize conciliatory methods, as may be mutually agreed upon between the parties, to attempt to resolve the dispute. If any the dispute is not resolved at Step 2, the grievance will be referred to Step 3. Step 3. In the event that the Union and the Employer are unable to resolve the dispute in Step 2, either party may refer the dispute to arbitration or, by mutual agreement, request formal mediation through the Federal Mediation and Conciliation Service. Mediators shall be chosen from a list of seven (7) names provided by the Federal Mediation and Conciliation Service with the parties alternately striking a name from the panel until only one (1) name remains. Any fee for the Mediator shall be divided equally between the parties. If either party is not satisfied with the opinion of the Mediator, they may move to binding arbitration within thirty (30) calendar days after the commencement of mediation. A form of expedited arbitration may be used if mutually agreed to by the Union and the Employer. During such grievance arisesproceedings, there shall be no stoppage or suspension cessation of work or discriminatory action work. Section 18.2 In the event the Employer and the Union cannot agree upon the selection of an arbitrator within fifteen (15) calendar days from the date of referral of the controversy to arbitration, the arbitrator shall be selected in the following manner: the Federal Mediation and Conciliation Service shall be jointly requested by the Company because parties to name a panel of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with arbitrators. The parties shall alternately strike a name from the Committee Presidentpanel until only one name (1) remains. Section 18.3 The arbitrator shall be authorized to rule and issue a decision and award, or his designated representativein writing, and such other representative on any issue presented for arbitration, including the question of the Committee as may arbitrability of such issue. The decision and award shall be designated, accompanied final and binding upon both parties to this Agreement. The fees of the arbitrator shall be borne one-half (1/2) by the representative from Union and one-half (1/2) by the department Employer party to the arbitration. Section 18.4 The Employer and the Union agree to make available to the other such pertinent data as each may deem necessary for the examination of all circumstances surrounding a grievance. The arbitrator shall be empowered to effect compliance with this provision by requiring the production of documents and other evidence. Section 18.5 Employees covered by this Agreement must go through the procedure set forth herein before going to any outside source or their right for arbitration will be forfeited. Section 18.6 Grievances not processed within the employee involvedtime limits set forth herein shall be deemed waived. The parties may, by mutual agreement, extend the time limits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as an alleged 7.01 The procedure for resolving differences between the parties bound by this Agreement concerning its interpretation, application, operation or violation of a specific article or section of this Labour Agreement. If any such grievance arises, there thereof shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure.as follows: (a) After An employee shall, prior to filing his/her grievance in writing, address the Director issue with his/her direct manager or his designate and try to resolve the matter. If the issue is not resolved, the matter shall proceed to Step "B". (b) An employee shall file his grievance in writing with the Operations Manager or his designate within twelve (12) days of Human Resources becomes the employee's opportunity to become aware of an offencethe grievance. Within seven (7) days of receiving the grievance, the Operations Manager, the employee's direct manager or his designate and the employee, together with the Shop Xxxxxxx shall meet to resolve the issue. (c) If the grievance is not resolved within five (5) days of the meeting in (b) above it shall automatically be referred to the General Manager or his designate. Within seven (7) days of receiving the grievance the General Manager shall meet with the employee and/or his representative to resolve the matter. The Company shall within five (5) working days either take disciplinary action or of this meeting notify the offender(s) that disciplinary action is being contemplatedUnion in writing of its position on the grievance. (bd) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within If the grievance is not resolved within five (5) days of the time a grievance arisesmeeting in (c) above, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor Union shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt receiving the Company's response, notify the Company if the matter is to be referred to arbitration. 7.02 Where the parties elect to proceed to Arbitration, the Arbitration Board, consisting of one (1) representative selected by the Company, and one (1) representative selected by the Union, shall be appointed within five (5) days after written request has been received. If either party fails to appoint or select its representative within the 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 xxxxxxx'x or supervisor's answerArbitration Board. If they are unable to agree upon the selection of a Chairman within twenty-four (24) hours, submit either of them may then request the Minister of Labour to appoint a Chairman. The Arbitration Board shall have all the Department Manager a signed, written statement of grievance. Upon receipt powers granted it under Section 89 of the written grievanceLabour Relations Code. 7.03 Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Chairman shall be shared equally between the parties. 7.04 In the event of an Arbitration Board being appointed, it is agreed by both the Department Manager Union and the Company, that such Board shall be requested to hand down its decision within ten (10) days, or his designated Representative shall within three (3) days meet with as soon thereafter as may conveniently be arranged. 7.05 By mutual agreement by both the Committee President or his designated representative andUnion and the Company, if necessary, the Representative concerned to attempt a single arbitrator may be selected to resolve the grievance. dispute in accordance with this Article. 7.06 The Company representative shall give and the Committee President or his alternate an answer Union may mutually agree in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives to waive any of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involvedtime limits set out in this Article.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 Section 1. A grievance is defined an allegation that the other party has violated an express provision of this Agreement. Section 2. In the event that a grievance is brought by the Employer, it may be initiated directly at Step 2 with the Union Representative, and in the event it is not resolved, it may be referred to arbitration (as hereinafter set forth) by the Employer. Section 3. In the event that the Union or an employee covered by this Agreement has a grievance, it shall be treated in the following manner: Step One. Before seeking to file a written grievance, employees, in the case of employee grievances, must discuss the alleged violation of a specific article with their Program Director or section of this Labour AgreementArea Director to try to resolve any issue informally. Step Two. If any such grievance arisesnot resolved at Step One, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such a grievance shall be submitted presented in writing by the Union to the Area Director or his/her designee for adjustment within fifteen (15) calendar days following the day the grievant(s) either knew or had reason to know of the event giving rise to the grievance. The grievance will be submitted on a mutually-agreed upon form and arbitration procedure. it shall state the specific article alleged to have been violated and shall specifically name the individual employee(s) or explicitly defined class of employees affected by the alleged violation. The Area Director or his/her designee shall answer in writing within seven (a7) After calendar days of receipt of the grievance. Step Three. Within five (5) calendar days of receiving an answer from the Area Director of Human Resources becomes aware of an offence, the Company shall or his/her designee (or within five (5) working calendar days either take disciplinary action from the date the Section 4. Any grievance that is not presented or notify appealed within the offender(s) that disciplinary action is being contemplated. (b) time periods specified in this Article shall be forfeited and waived by the aggrieved party and the Union. The Employer’s failure to respond within the prescribed time periods at any step of the grievance procedure shall be deemed to be a denial of the grievance and shall trigger the start of the time for the Union to proceed to the next step of the grievance process, if it chooses to do so. All time limits may be extended by written mutual agreement and shall exclude Saturdays, Sundays and holidaysof the parties. 8.02 Section 5. Except as expressly stated to the contrary in this Agreement, the grievance and arbitration procedure of this Agreement shall be the sole and exclusive means available for resolving grievances arising under this Agreement. Section 6. Any grievance that has been properly processed pursuant to the grievance procedure as set forth in this Article and has not been resolved at the conclusion thereof, may be referred to arbitration before the American Arbitration Association for resolution under the Labor Arbitration Rules then in effect by the Union filing a Demand for Arbitration with the American Arbitration Association and serving written notice, which may be by email, upon the HR Director, both within fifteen (15) calendar days after the completion of Step One: Within five (5) days Three of the grievance procedure. If the Union fails to file with the American Arbitration Association and/or serve such notice on the Employer of its intent to arbitrate within the time limitation, the grievance shall be Section 7. The fees and expenses of the American Arbitration Association and the Arbitrator shall be borne solely by the losing party if that party filed the demand for arbitration, provided that the parties first pay their filing fee required by AAA. Section 8. The award of an Arbitrator hereunder shall be final, conclusive and binding upon the Employer, the Union and the employees. Section 9. The Arbitrator shall have jurisdiction only over grievances after the completion of the grievance procedure. He or she has no power to add to, subtract from or modify in any way the terms of this Agreement. The Arbitrator shall have no authority to award punitive or exemplary damages. The Arbitrator shall have no power or jurisdiction to base the award on any alleged practice or oral agreement, but may consider such evidence to interpret express language if the Arbitrator finds the language is ambiguous. Section 10. The Arbitrator shall have the authority to award relief only as to those individuals who are specifically identified by name or in the explicitly identified class in the written grievance as interested parties directly affected by the contract violation alleged in the grievance. Section 11. If the discipline, suspension or discharge of an employee results from conduct relating to an individual served, and the individual served or their guardian/family/friends does not appear at the arbitration, statements or information provided by the individual served or their guardian/family/friends will be admissible in the same manner as if the person had appeared and testified and the arbitrator shall determine the weight to be afforded to the evidence in the same manner as the arbitrator determines the weight to be provided any other evidence. Section 12. The Arbitrator shall not hear or decide more than one (1) grievance without the mutual consent of the Employer and the Union. Section 13. Should it be determined that an employee, other than a grievance arisesprobationary employee, was disciplined or discharged without just cause, the employee alone may be restored to the employee’s former status if appropriate; provided, however, that the Employer shall have the right to credit against any back pay rewarded, any earnings, or with remuneration received by the assistance employee during the period involved, including unemployment compensation payments. The Union and employee shall cooperate in providing the Employer such interim earning information upon the Employer’s request. Employees are not eligible for back pay for any period they were out of work during an investigation conducted by, or at the direction of, a third party. Section 14. Any order of reinstatement by an arbitrator shall be contingent on the employee’s successful completion of all required background checks, training or other pre-hire requirements required by law or regulation. Any employee who fails to satisfy Section 15. Transfers, reassignments, or removals from an assignment or the workplace at the request of an individual served, the request of the individual served’s guardian or representative, or at the request of a Representativethird party with authority to make such a request, may present shall not be subject to the contractual grievance to his xxxxxxx or supervisor. Within two (2) days after and arbitration provisions, provided that the presentation documentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next steprequest is provided in accordance with Article 15 Section 4. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined In the event any differences, disagreements or disputes, P-23 thereinafter referred to as an alleged violation of a specific article "grievances," arise as to the interpretation or section application of this Labour Agreement. If , or as to the rights of the Union or the Company, or any employees thereunder, both parties agree to take no action affecting the operation of the plant, unless or until an xxxxxxx effort has been made to settle such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to in the following grievance and arbitration procedure.manner, to wit: Section 1. P-24 (a) After The employee, or one designated member of a group of employees having a grievance, shall first present the Director matter to his immediate xxxxxxx, either with or without the electrical unit xxxxxxx, and collectively they shall make every effort to effect a settlement. If the grievance is not settled, it shall be promptly referred to the next step of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplatedgrievance procedure. (b) The time limits may be extended by mutual agreement If the matter is not settled in the above step, the electrical unit xxxxxxx shall then discuss the matter with the supervisor and/or other designated management representatives and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days attempt to settle the grievance. A settlement in either of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor oral discussion steps shall give his answer orally be informal and limited to the instant grievance. Written dispositions shall not be requested by either party. The employee and the Representative involved or union representative handling the grievance will be provided a copy of the notice authorizing the back pay award, if any, when such has been granted to settle the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next stepemployee's grievance. 8.03 Step Two: If (c) In the event the grievance is not resolved at Step Onethen settled, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit it shall be reduced to the Department Manager a signed, written statement of grievancewriting in triplicate form. Upon After receipt of the written grievance, the Department Manager supervisor and/or designated management representative shall give his written disposition within ten (10) work days. One copy shall be delivered to the electrical unit xxxxxxx, one to the supervisor and/or other designated management representative and one to the Human Resources Team Leader or his designated representative. (d) If satisfactory settlement is not reached, it may be appealed to the next step of the grievance procedure and must be filed within ten (10) work days following receipt of the supervisor's written disposition. (e) All grievances appealed to this step shall be considered by both the Union committee and the Human Resources Department, who will meet at a time mutually agreeable to both parties for the purpose of settling this grievance. An International Representative shall of the IBEW may be present at this step of the grievance procedure. (f) Should a grievance be filed against work performed by electricians, the IBEW Chief Xxxxxxx will be given notification of such in writing within three (3) working days. Section 2. P-25 (a) In case of disagreement concerning the meaning or application of the terms of this Agreement, it is agreed that such question or grievance other than wages, wage rates, insurance plan or pension program shall be submitted to one neutral arbitrator. (b) The arbitrator shall be agreed upon by the Local Management and the Local Union. If they cannot agree on an arbitrator within ten (10) calendar days meet with the Committee President or his designated representative and, if necessaryfollowing notice of appeal to arbitration, the Representative concerned parties jointly may request the Federal Mediation and Conciliation Service to attempt to resolve the grievancename seven (7) arbitrators. The Company representative arbitrator shall give be selected from such list in the Committee President following manner: (1) Within ten (10) calendar days from receipt of the list of arbitrators, the Union or his alternate an answer in writing no later than the Company, as the case may be, shall strike the names of three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives on this list of the Company shall within seven (7) days meet with arbitrators: (2) The other party shall then strike three (3) names within the Committee President, or his designated representativenext ten (10) calendar days, and such other representative the remaining name shall be the arbitrator. In following the above procedure, the parties shall, in cases where an arbitrator is selected from a list furnished by the Federal Mediation and Conciliation Service during the term of this Agreement, alternate the procedure established under (1) above. (c) The arbitrator's decision must be based upon an interpretation of the Committee as may be designated, accompanied provisions of this Agreement by the representative from local Plant Management and Union. The arbitrator shall have no power to add to, take from, amend, modify or alter this Agreement entered into by the department or local Plant Management and Union. (d) The decision of the employee involvedarbitrator shall be final and binding on both parties. (e) The cost of the arbitrator and incidental expenses shall be borne equally by the parties. Section 3. P-26 Grievance meetings will be scheduled at a time mutually agreeable to both parties. Employees attending such meetings shall be paid at their straight-time hourly rate for lost time as a direct result of time spent in such scheduled meeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 Section 1. A grievance is defined as an alleged violation of a specific article as, and is limited to, any dispute involving the interpretation or section application of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory A dispute over disciplinary action by the Company because of such is not a grievance, but such grievance is considered an appeal of disciplinary action and shall be processed as set forth in Article 7. Section 2. For the purpose of this Article any grievance not submitted in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the Village within the time limits provided below shall advance the grievance to the following grievance and arbitration procedurenext step in the process. (a) After Section 3. In the Director of Human Resources becomes aware of event an offenceemployee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, the Company employee shall first discuss the alleged grievance with the FEDERATION. If the FEDERATION determines that the issue warrants a formal grievance, the FEDERATION may file a formal written grievance using the FEDERATION’s grievance form. The form shall be filed with the Village Manager within five twenty (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (520) days of the time a act or omission which gives rise to the grievance arises, or from the date the employee alone first knew or should have known of the event leading to the grievance. The form may have a provision which allows the FEDERATION, at its option to request a meeting with the assistance Village Manager or the FEDERATION may request the meeting by other writing. The Village Manager shall forward a copy of a Representative, may present the grievance form to his xxxxxxx or supervisorthe Department Head. The Village Manager shall meet with the FEDERATION to discuss the grievance if the FEDERATION has elected to request a meeting. Within two twenty (220) days after the presentation date of receipt of the grievance or of the meeting with the FEDERATION, if one was requested, the Village Manager will respond to the FEDERATION in writing or by email. Section 4. The time limits contained herein are to be strictly adhered to and may only be extended by written agreement (including email requests coupled with a written affirmation) between the parties. No consent to extension shall be implied by the conduct of the parties in the absence of a written or email agreement. Section 5. The arbitrator will determine the statement of the grievance, provided, however, that the xxxxxxx arbitrator shall have no authority to change, amend, add to, subtract from, or supervisor otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall give his answer orally have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Article, except to the employee extent as specifically provided herein or expressly agreed to by the parties. Section 6. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question(s) presented to him, which question(s) must be actual and existing. Section 7. Each party shall bear the expense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The impartial arbitrator’s fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such costs. Section 8. The arbitrator’s award shall be final and binding on the parties. Section 9. The FEDERATION will not be required to process the grievance of non- members. Only the FEDERATION can advance a grievance to arbitration for one of its members. Members may not advance a grievance to arbitration on their own. Section 10. The parties agree that the settlement of any grievance by the parties prior to a decision by an arbitrator shall have precedential value unless the parties agree otherwise, in which case their settlement shall state. Section 11. When arbitrability is raised by the Village with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of arbitration hearing on the grievance itself. Section 12. If there is no objection by either party to the arbitrability of the grievance, and the Representative involved above mentioned procedure has been fully complied with or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If results in a determination that the grievance is not resolved at Step Onearbitrable, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit parties shall proceed to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve arbitrate the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 Section 1. A grievance is defined as an alleged violation of a specific article as, and is limited to, any dispute involving the interpretation or section application of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory A dispute over disciplinary action by the Company because of such is not a grievance, but such grievance is considered an appeal of disciplinary action and shall be processed as set forth in Article 7. Section 2. For the purpose of this Article any grievance not submitted in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the Village within the time limits provided below shall advance the grievance to the following grievance and arbitration procedurenext step in the process. (a) After Section 3. In the Director of Human Resources becomes aware of event an offenceemployee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, the Company employee shall first discuss the alleged grievance with the FEDERATION. If the FEDERATION determines that the issue warrants a formal grievance, the FEDERATION may file a formal written grievance using the FEDERATION’s grievance form. The form shall be filed with the Village Manager within five twenty (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (520) days of the time a act or omission which gives rise to the grievance arises, or from the date the employee alone first knew or should have known of the event leading to the grievance. The form may have a provision which allows the FEDERATION, at its option to request a meeting with the assistance Village Manager or the FEDERATION may request the meeting by other writing. The Village Manager shall forward a copy of a Representative, may present the grievance form to his xxxxxxx or supervisorthe Department Director. The Village Manager shall meet with the FEDERATION to discuss the grievance if the FEDERATION has elected to request a meeting. Within two twenty (220) days after the presentation date of receipt of the grievance or of the meeting with the FEDERATION, if one was requested, the Village Manager will respond to the FEDERATION in writing or by email. Section 4. The time limits contained herein are to be strictly adhered to and may only be extended by written agreement (including email requests coupled with a written affirmation) Section 5. The arbitrator will determine the statement of the grievance, provided, however, that the xxxxxxx arbitrator shall have no authority to change, amend, add to, subtract from, or supervisor otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall give his answer orally have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Article, except to the employee extent as specifically provided herein or expressly agreed to by the parties. Section 6. The arbitrator may not issue declaratory opinions and the Representative involved or shall confine themselves exclusively to the Committee President question(s) presented to them, which question(s) must be actual and existing. Section 7. Each party shall bear the Representative involvedexpense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The impartial arbitrator’s fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any grievance which canperson desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such costs. Section 8. The arbitrator’s award shall be final and binding on the parties. Section 9. The FEDERATION will not be adjusted at Step One required to process the grievance of non- members. Only the FEDERATION can advance a grievance to arbitration for one of its members. Members may not advance a grievance to arbitration on their own. Section 10. The parties agree that the settlement of any grievance by the parties prior to a decision by an arbitrator shall have precedential value unless the parties agree otherwise, in which case their settlement shall state. Section 11. When arbitrability is raised by the Village with respect to any grievance, the issue of arbitrability shall be referred determined by the arbitrator no less than thirty (30) days prior to commencement of arbitration hearing on the grievance itself. Section 12. If the Village does not agree that the matter is arbitrable, notification shall be sent to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, FEDERATION of such within five ten (510) working days of receipt of the xxxxxxx'x FEDERATION’S request to proceed to arbitration. The parties agree that in such an instance, the Village may submit solely the question of arbitrability either to an arbitrator or supervisor's answerto a court. If the arbitrability issue is submitted to an arbitrator, submit the decision shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral argument allowed; and shall be submitted to the Section 13. If there is no objection by either party to the Department Manager a signed, written statement of grievance. Upon receipt arbitrability of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after and the above mentioned meeting. 8.04 Step Three: If procedure has been fully complied with or results in a determination that the grievance is not resolved at Step Twoarbitrable, representatives of the Company parties shall within seven (7) days meet with proceed to arbitrate the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involvedgrievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A For the purpose of this Agreement, a grievance is defined as an difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a specific article matter is arbitrable. 8.02 If an employee or section of this Labour Agreement. If employees has or have any such grievance arisesgrievance, there which he/she or they wish to take up with the Company, it shall be no stoppage or suspension heard without undue delay in the following manner: STEP 1 The employee shall confer with his/her immediate xxxxxxx in the presence of work or discriminatory action the Union Xxxxxxx and all possible efforts shall be made to settle the differences that may arise. Any matter not settled at this stage may become the subject of a written grievance and deal with as follows: STEP 2 The grievance of the employee shall be stated in writing on a standard form supplied by the Company because of such grievanceUnion, but such grievance which shall be submitted completed as indicated on the form. The form will then be presented to the following grievance and arbitration procedure. Plant Manager who will state his/her decision within four (a) After the Director of Human Resources becomes aware of an offence, the Company shall within five (54) working days either take disciplinary action of receiving the complaint. If the decision of the xxxxxxx is not satisfactory, the xxxxxxx or notify a duly authorized Representative of the offender(s) that disciplinary action is being contemplatedUnion may appeal the decision to a representative of the Company. (bSTEP 3 The Union Representative and the Director(s) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone Company or with the assistance of a Representative, may present their designate shall meet to discuss the grievance not later than three (3) working days after receipt of the Plant Manager’s written decision. The Union shall have the right to his xxxxxxx or supervisorhave a duly authorized representative of the Union present at this meeting. Within The Directors of the Company of their designate shall render a decision in writing within two (2) days after the presentation close of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involvedmeeting. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved then settled, then at the request of either party to this Agreement, the grievance may be referred to arbitration. STEP 4 If a settlement of the grievance is not then reached, it may then be dealt with by Arbitration as set forth in Article 9 of this Agreement. Such Arbitration proceedings must be commenced by the aggrieved party within twenty (20) days after the completion of Step 3 above unless an extension is mutually agreed upon by both parties. 8.03 No grievance shall be considered by the Company unless it is lodged with the Company within two (2) working days of the occurrence giving rise to the grievance or at such time the alleged infraction becoming known to the employee. 8.04 Any time limits in the grievance or arbitration proceedings may be extended by mutual agreement in writing. Such extension will not be unreasonably denied. 8.05 Any employee who has acquired seniority standing and has been discharged by the Company shall have the right, upon his/her request and without pay, to submit the circumstances to the Shop Xxxxxxx for a reasonable period of time before leaving the premises. Permission by the Company shall not be unreasonably withheld. 8.06 During the probationary period, an employee shall be considered as being employed on a trial basis and may be disciplined or dismissed by the Company in its sole discretion, subject to the Human Rights Code. 8.07 The Union shall have the right to initiate a group or policy grievance at Step One3 of the grievance procedure. 8.08 Saturday, Sunday, plant holidays and plant vacation period shall not be included in any time limits in this section of the Committee President may, Agreement. 8.09 It is understood that the Company may file a written grievance in accordance with this article and such written grievance shall be provided to the designated Union Representative and the Chief Xxxxxxx and shall be filed at Step 3 of the grievance procedure within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit occurrence giving-rise to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 6.01 A grievance is defined as an alleged violation shall consist of a specific article or section dispute concerning the interpretation and application of any clause in this Labour Agreement, alleged violations of the Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of the Agreement. If any such question arises as to whether a particular dispute is or is not a grievance ariseswithin the meaning of these provisions, there the question may be taken up through the grievance procedure and determined, if necessary, by arbitration. There shall be no stoppage or suspension an xxxxxxx effort on the part of work or discriminatory action by the Company because of both parties to settle such grievance, but such grievance shall be submitted to grievances promptly through the following grievance and arbitration proceduresteps. (a) After By a conference between the Director of Human Resources becomes aware of an offenceaggrieved employee and the Manager or his/her designate. Failing settlement, the Company shall grievance must be submitted, in writing, within five ten (510) working days either take disciplinary action or notify from the offender(s) that disciplinary action is being contemplateddate the alleged violation became known to the grievor. The grievor may be accompanied by a Union Xxxxxxx and, if deemed necessary by the Union, he/she shall also be accompanied by a business representative of the Union. (b) The time limits may be extended by mutual agreement Failing settlement at the above step, the Manager shall render his/her decision in writing and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present refer the grievance to his xxxxxxx or supervisor. Within two (2) days after and arrange a meeting between the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee Union and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department General Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall his/her designate within seven (7) days meet of the date that the grievance was registered in writing. This meeting shall be held in the locale of the terminal involved unless otherwise agreed. The General Manager or his/her designate shall render his/her decision in writing within seven (7) days from the date that the grievance was referred to him/her. (c) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to Arbitration as outlined in Article 6.05 hereof. 6.03 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 seven (7) calendar days of the alleged violation of the Agreement and, by such notification, arrange a meeting within fourteen (14) calendar days between the General Manager or his/her designate and a duly accredited principal officer of the local Union or his/her designate. Should the griever fail to reach a satisfactory settlement, the grievance may be submitted to Arbitration as outlined in Article 6.02 (c) hereof. 6.04 It shall be the responsibility of the party desiring arbitration to so inform the other party in writing in the case of: (a) an employee grievance within thirty (30) calendar days after the General Manager or his/her designate has rendered a decision or failed to render a decision as provided for in Article 6.02 (b); (b) a Company grievance within thirty (30) calendar days after the meeting with the Committee PresidentUnion representative; (c) a Union grievance within thirty (30) calendar days after the meeting with the Company's representative. A Notice of Intent to Arbitrate under the foregoing provision shall contain five names of the suggested arbitrator and, within thirty (30) calendar days from the receipt of the Notice of Intent to Arbitrate, the other party must in turn accept a proposed arbitrator or suggest five names of proposed arbitrators. Should either party fail to name their proposed arbitrator within the required thirty (30) calendar days, or his designated representativeshould the parties fail to select an arbitrator within thirty (30) calendar days from the date of their appointment, either party shall request the Provincial Minister of Labour to make the appropriate appointment. 6.05 The Arbitrator shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and such other representative provisions in this Agreement. The Arbitrator, however, shall have the power to carry or set aside, any penalty or discipline imposed relating to the grievance then before the Arbitrator. 6.06 Each of the Committee parties hereto will equally bear the fees and the expense of the Arbitrator. 6.07 The Company shall not be responsible for the payment of time used by an employee in the investigation and settlement of a grievance. 6.08 All monetary grievances that are mutually agreed upon shall be paid the following pay period. 6.09 Any employee covered by this Agreement, when called into the Company's office for any discussion which may result in disciplinary action or a grievance, shall, upon request, be accompanied by a Xxxxxxx or Business Agent. If neither are available, the employee will be asked to select an employee of his choice to accompany him to the meeting. (a) Any notation of a reprimand or other disciplinary action placed on an employee's record shall be nullified after a period of twelve months. (b) All penalties and reprimands must be issued to the employee within ten (10) working days (Saturdays, Sundays and Paid Holidays excluded) from the time the infraction became known with a copy to the Local Union, otherwise the penalty or reprimand will be considered null and void. 6.11 No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations, or who has acted as a paid agent, attorney or solicitor for either party. 6.12 No matter shall be submitted to a Board of Arbitration which has not been properly carried through all previous steps of the Grievance Procedure. 6.13 A discharged employee must present a grievance which shall be in writing through the Shop Xxxxxxx to Management within three (3) working days, exclusive of Saturday, Sunday and Paid Holidays, after discharge and the Management shall review such grievance with the Shop Xxxxxxx and render a decision within twenty-four (24) hours after such review. If the decision of Management is unsatisfactory the grievance may be designatedreferred to a Board of Arbitration as herein above provided. 6.14 Such special grievance may be settled under the grievance procedure or by arbitration by: (1) confirming the Company's action in dismissal of the employee, accompanied by or (2) reinstating the representative from the department suspended or the discharged employee involvedwith full compensation for time lost, or (3) any other arrangement which may be deemed just and equitable.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A Section 6.1 In this Article a grievance is defined as an alleged violation shall consist only of a specific article or section dispute concerning interpretation and application of any clause of this Labour 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 provisions of this Agreement, such question may be taken up through the grievance arisesprocedure and determined, if necessary, by arbitration. At all times there shall be no stoppage or suspension an honest effort on the part of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted both parties to settle any grievances promptly through implementing the following grievance and arbitration procedure.steps: (a) After Any employee who feels he or she has a justifiable complaint must discuss the Director 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 Human Resources becomes aware of an offencedid 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 Company shall within five (5) working days either take disciplinary action or notify time the offender(s) that disciplinary action is being contemplateddiscussion took place. (b) Failing settlement as in Step (a) as outlined above, the Xxxxxxx and the griever 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 time limits may grievance must at this stage be extended submitted in writing to the Branch Manager and it must be signed by mutual agreement and shall exclude Saturdays, Sundays and holidaysthe griever. 8.02 Step One: Within five (5c) days of the time If a grievance arisesis not settled after implementing Steps (a) and (b) outlined above, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One it shall be referred to the Committee President General Manager or his alternate and committed to writing for adjustment or her designate at the next stepCompany within fourteen (14) calendar days from the date the grievance was presented in writing to the Branch Manager. 8.03 Step Two: If (d) Should the parties fail to reach a satisfactory settlement in the preceding steps of the Grievance Procedure, the final settlement of the grievance is not resolved at Step Onecan be submitted to a Board of Arbitration. Section 6.2 During any of the above outlined Steps of the Grievance Procedure, the Committee President may, within 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 It shall be the responsibility of any party desiring to effect arbitration to inform the other party in writing not later than five (5) working calendar days after the last discussion on the grievance between the Union and the General Manager or his designate. A Board of Arbitration shall, in this event, be immediately established consisting of one appointee of the Union and one appointee of the Company and a third member to act as Chairman of the Board of Arbitration appointed on the recommendation of the first two appointees. Should the members fail to select a Chairman within fifteen (15) calendar days after the request in writing for arbitration, the members shall request the Minister of Labour to name a Chairman of the Board of 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 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 Union in the 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 (7) calendar days of receipt of the xxxxxxx'x or supervisor's answer, submit notice of intent to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievancearbitrate under Section 6.3, the Department Manager or his designated Representative shall grieving party may elect to proceed to arbitration by a one-man board of arbitration. Should the parties fail to appoint the one-man board of arbitration within three thirty (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (330) days after this date, either party shall request the above mentioned meetingMinister of Labour to make the appropriate appointment. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 1 contract

Samples: Office Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 5.01 A grievance is defined as an alleged violation shall consist of a specific article or section dispute concerning interpretation and application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of Owner-Operators contrary to the terms of this Labour Agreement. If any such question arises as to whether a particular dispute is or is not a grievance ariseswithin the meaning of these provisions, there the question may be taken up through the grievance procedure and determined, if necessary, by Arbitration. 5.02 There shall be no stoppage or suspension an xxxxxxx effort on the part of work or discriminatory action by both parties to settle such grievances promptly through the Company because of such grievancefollowing steps: 01) By a conference between the aggrieved Owner-Operator and the Branch Manager, but such if any, and/or his designate. Failing settlement, the grievance shall must be submitted to the following grievance Company in writing and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offence, received by the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated. (b) The time limits may be extended by mutual agreement and shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five (5) days of the time a grievance arises, the employee alone or with the assistance of a Representative, may present the grievance to his xxxxxxx or supervisor. Within two (2) days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) calendar days meet from the date of the alleged violation of the Agreement. Failure to comply with the Committee Presidentabove is an automatic waiver of any grievance. 02) Failing settlement at the above step, the Branch Manager shall render his decision in writing, and shall refer the grievance to and arrange a meeting between the Union and the General Manager or his designated representativedesignate within seven (7) calendar days from the date that the grievance was registered in writing. The General Manager or his designate shall render his decision in writing within seven (7) calendar days from the date of that meeting 03) 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 seven (7) calendar days and received by the party of the alleged violation of the Agreement, and by such other representative notification arrange a meeting within fourteen (14) calendar days between the General Manager or his designate and the Representative of the Committee as Union or his designate. Should the griever fail to reach a satisfactory settlement, the grievance may be designatedsubmitted to a Board of Arbitration as outlined in 5.02.04. 04) Should the parties fail to reach a satisfactory settlement in the preceding steps, accompanied the final settlement of the grievances may be submitted to an Arbitration Board. 05) Grievances dealing with discharges, discipline and suspensions shall be registered in writing and received by the representative Company notwithstanding subsection 5.03.01, within seventy-two (72) hours (Saturdays, Sundays and General Holidays excluded) from the department time of the discharge or suspension and shall commence with the second step of the grievance procedure as outlined in subsection 5.02.02. 5.03 It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing and received by the other party in the case of: 01) an employee involvedgrievance within fourteen (14) calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in 5.02.02. 02) a Company grievance within fourteen (14) calendar days after the meeting with the Union Representative; 03) a Union grievance within fourteen (14) calendar days after the meeting with the Company’s Representative. A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s nominee to the Board of Arbitration and within fifteen (15) calendar days from the receipt of the notice of intent to arbitrate, the other party must in turn name their nominee. A third member to act as Chairman shall be appointed by the respective nominees. Should either party fail to name their nominee within the required fifteen (15) calendar days or should the nominees fail to select a Chairman within thirty (30) calendar days from the date of their appointment, either party’s nominee shall request the Federal Minister of Labour to make such appropriate appointment. 5.04 The Board of Arbitration shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this Agreement or to give any decision inconsistent with the terms and provisions of this Agreement. 5.05 Each of the parties hereto will bear the expense of their nominee to the Board of Arbitration and the parties will equally bear the fees and the expenses of the Chairman. 5.06 The Company shall not be responsible for the payment of time used by a Xxxxxxx in the investigation and settlement of a grievance. 5.07 Either party may ask for an extension of the time limits, and by mutual agreement, such time limits as specified in this Article will be extended.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is specifically agreed and understood that there shall be a procedure for the resolution of disputes between the parties. For the purpose of this Article, a grievance is defined as an alleged violation of a specific article as, and limited to, any dispute, difference or section controversy involving the interpretation or application of this Labour Agreement. If any such grievance arises, there A dispute over disciplinary action shall be no stoppage or suspension considered an appeal of work or discriminatory disciplinary action under Article 17. 2. For the purpose of this Article, time is considered to be of the utmost importance. Accordingly, any grievance not submitted and/or processed by the Company because grieving party in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of such all rights to arbitration. Any grievance not answered or processed by the VILLAGE within the time limits provided below shall be deemed resolved in favor of the grievant. 3. Grievances shall be presented in the following manner: Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, but such grievance shall be submitted to the following grievance and arbitration procedure. (a) After the Director of Human Resources becomes aware of an offenceas that term is defined above, the Company employee shall within five (5) working days either take disciplinary action or notify first discuss the offender(s) that disciplinary action is being contemplated. (b) The time limits alleged grievance with the immediate supervisor, and may be extended accompanied by mutual agreement and a representative of the employee's choice, if so desired. This first discussion shall exclude Saturdays, Sundays and holidays. 8.02 Step One: Within five take place within ten (510) calendar days of the time a occurrence of the events which gave rise to the alleged grievance, or within ten (10) calendar days of when the employee knew or should have known of the existence of the events giving rise to the alleged grievance. Step 2: In the event that the employee is not satisfied with the disposition of the grievance arisesat Step 1, the employee alone or with the assistance of may file a Representative, may present the formal grievance. Such a grievance to his xxxxxxx or supervisor. Within two must be filed within ten (210) calendar days after the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted informal discussion is held at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next step1. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 8.01 A grievance is defined as 9.01 If an alleged violation of a specific article employee or section of this Labour Agreement. If employees has or have any such grievance arisescomplaint or question which he or they wish to take up with the Employer, there it shall be no stoppage heard without prejudice in the following manner: (i) If the decision of the Plant Superintendent is not satisfactory, the Xxxxxxx or suspension a duly authorized Representative of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted Union may then appeal the decision in writing within three (3) working days to the following grievance and arbitration procedureGeneral Manager or his appointee. The matters shall then be discussed with the Xxxxxxx. (aii) After Any differences arising directly between the Director Employer and the Union may be submitted in writing by either Party at Step #2 hereof and the time limits provided under the applicable provisions of Human Resources becomes aware the grievance procedure shall appropriately apply to both parties. Where a number of an offenceemployees have identical grievances, the Company shall within five (5) working days either take disciplinary action or notify Employer agrees to accept a group grievance at Step #2 provided each employee grieving signs the offender(s) that disciplinary action is being contemplatedgrievance. (biii) The Any time limits in the grievance arbitration proceedings may be extended by mutual agreement and in writing. (iv) It is mutually agreed that no grievance will be considered the alleged circumstances of which originated or occurred more than two (2) calendar weeks prior to the original presentation. (v) A grievance which has not been entered into the arbitration stage within fifteen (15) working days after the answer has been received, shall exclude be deemed to have been withdrawn unless written arrangements to the contrary have been received. (vi) Unless otherwise specified in this Agreement, Saturdays, Sundays and holidaysStatutory holidays shall not be counted in determining the time within which any action must be taken under the grievance and arbitration provisions. 8.02 Step One: Within five (5vii) days of the time a grievance arises, The Employer agrees to recompense the employee alone or if applicable by base rate for reasonable amount of time spent in dealing with grievances. This is only to apply to time dealing with grievances in the assistance of a Representative, may present Plant during the grievance to his xxxxxxx or supervisor. Within two (2) days employee's regular working hours and does not include time spent on grievances after they have reached the presentation of the grievance, the xxxxxxx or supervisor shall give his answer orally to the employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step One shall be referred to the Committee President or his alternate and committed to writing for adjustment at the next steparbitration stage. 8.03 Step Two: If the grievance is not resolved at Step One, the Committee President may, within five (5) working days of receipt of the xxxxxxx'x or supervisor's answer, submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting. 8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and such other representative of the Committee as may be designated, accompanied by the representative from the department or the employee involved.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!