Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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GRIEVANCE PROCEDURE. For Section 1. All complaints and prospective grievances may be taken up informally by either the purposes Company or the Union in advance of the formal grievance steps set forth below. Nothing in this Article shall be construed to deprive any employee or group of employees from presenting individually to the Company any complaint, and to have such complaints adjusted without the intervention of the Union, as long as the adjustment is not inconsistent with the terms of this Agreement, and provided further that a grievance is defined as:Union representative has been given opportunity to be present at such adjustment. (a) A difference Section 2. The Company and the Union agree that grievances shall be confined to differences arising between out of the parties relating interpretation or application of the terms or provisions of this agreement, or disciplinary action for just cause and shall be processed according to the interpretation, application, administration, or alleged violation grievance procedure set forth in this Article. It shall be the objective of both the Company and the Union to settle any grievance promptly and at the lowest step of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementgrievance procedure. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Grievances shall be reduced to writing, signed setting forth, if applicable, specifically the substance of the grievance and the provision or provisions of the Agreement allegedly violated, delivered by a Union representative to the employee designated Company representative in accordance with Section 3. following, within thirty (30) calendar days of the action complained of. Section 3. The formal grievance procedure shall consist of three (3) successive steps. Notice of grievance and a Shop Xxxxxxx or Union Committee member and appeals of decision shall be presented to forwarded in accordance with the immediate supervisor or following: The designated first level manager (supervisor) shall contact the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within representative within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her workdays of receipt of written reply. If notice of the grievance is not settled at this step, Then for the purpose of setting a mutually agreeable meeting date and location. The designated first level manager (supervisor) will provide a decision in writing within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral workdays after completion of the grievance to Step Three to discuss meeting(s) unless mutually agreed otherwise by the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meetingparties. If the grievance Company fails to offer a meeting date which is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.fourteen

Appears in 5 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. For Grievances shall be settled according to the purposes of this Agreement, a grievance is defined asfollowing procedure: (a) A difference arising between STEP 1: As soon as is practicable after a grievance has been received or filed, the parties relating crew representative shall meet with the Production Manager to discuss and attempt to resolve the interpretationgrievance in a fair and amicable manner. If the Technician, application, administration, or alleged violation crew representative and the Production Manager are satisfied with the proposed resolution of the Agreement including any question as to whether a matter is arbitrablegrievance, the grievance procedure ends. (b) The dismissalSTEP 2: A Technician, discipline Crew Representative or suspension Producer who is not satisfied with the proposed resolution of an employee bound by this agreementthe grievance may refer the grievance to the Union business office. Disciplinary action grievable by Within forty-eight (48) hours of receiving the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option)Union business office, shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days an authorized representative of the occurrence of Union shall contact the grievance. The supervisor will respond within three working days of discussing Producer’s representative on the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet production to discuss the grievance. Within seven In the event that the representative of the Union and the representative of the Producer cannot reach agreement within five (75) calendar days following the meetingafter a meeting is arranged and held, the supervisor or matter shall be referred to the department head shall give his/her written reply. If Business Manager of the grievance is not settled at this step, Then Union and the Labour Relations Representative of the Producer. (c) STEP 3: In the event that the Business Manager of the Union and the Labour Relations Representative of the Producer are unable to resolve the dispute within ten (10) calendar days after completion of receiving Step 3, it shall be referred to Step 4, provided, however, that any dispute over the intent and application of this Agreement not resolved in Step Two response, 3 shall be submitted to the Consultation Committee in accordance with Article 2.06 before proceeding to Step 4. (d) STEP 4: If the Producer and the Union Committee or its delegate, shall notify the Company in writing that cannot resolve the grievance will proceed to Step Three. The Company and Union will meet within twenty-one ten (2110) calendar days after the completion of Step 3, or in the case of a dispute submitted to the Consultation Committee, ten (10) calendar days after recommendations by the Consultation Committee, the grievance procedure under this Agreement shall be deemed to have been exhausted and either the Producer or the Union may proceed to final and binding arbitration pursuant to the Labour Relations Code of the Province of British Columbia before a Single Arbitrator selected from the list of Arbitrators of the B.C. Arbitrator’s Association, or from a list of arbitrators mutually agreed to by the Union and the CMPA-BC. An Arbitrator named on the above list may at any time by mutual agreement be bypassed or removed from the list and another Arbitrator substituted. (i) If the Parties fail to agree on an Arbitrator within five (5) days after one Party has served written notice on the other Party of its referral of the grievance matter to Step Three to discuss Arbitration, the grievance. At this step Ministry of Labour shall, at the request of either Party, appoint the Arbitrator in accordance with section 86 of the grievance procedureLabour Relations Code. If one party refuses to participate in the selection process of an Arbitrator within five (5) days after one Party has served written notice on the other Party of its referral of the matter to Arbitration, each party then the Party which refuses to participate in the Arbitrator selection process shall provide be deemed to have waived the right to participate in that process and the Arbitrator shall be selected solely by the other Party. In either event, and regardless of whether one or both Parties participate in the ensuing arbitration process, the Arbitrator shall render a decision on the evidence and arguments presented which shall be final and binding on both Parties to the other Agreement and fully enforceable in a statement Court of facts and copies of competent jurisdiction. (ii) The Arbitrator shall have all relevant documentsnecessary powers to determine the real issue in dispute according to the merits and, if appropriate, award monetary payments, or adjustments consistent herewith. The findings or decisions of the Employer Arbitrator shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve alter in any way provisions of this Agreement. (iii) The Arbitrator’s fees and expenses and a court reporter’s fees (the grievancelatter only when both Parties request a reporter) shall be borne equally by both Parties. Expenses of witnesses, however, shall be borne by the Party who calls them.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a a. A grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administrationmay be filed by any employee in his/her own behalf, or alleged violation jointly by a group of employees, or by the collective bargaining representative. b. Within seven calendar days of the Agreement including any question as event giving rise to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance the grievant shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss present the grievance with informally for disposition by his/her immediate supervisor or department head at any appropriate level of authority. Presentation of an informal grievance shall be a prerequisite to the institution of a formal grievance. c. If the grievant believes that the grievance has not been redressed within seven (7) calendar days, he/she may initiate a formal grievance within seven calendar days of the occurrence of the grievancethereafter. The supervisor will respond within three working days of discussing the A formal grievance can be initiated only by completing and filing with the employeeExecutive Officer a form provided by him/her for this purpose. d. Step 1 e. Step 2 1. If the grievance is not settled at this step: Then resolved in Step 1 to the satisfaction of the grievant, the party may, within not more than seven (7) calendar days from his/her receipt of the Chief’s decision, request consideration of the grievance by the Executive Officer by so notifying the Executive Officer in writing. 2. Within fifteen calendar days after such notification, the Executive Officer shall investigate the grievance, confer with persons affected and their representatives to the extent he/she deems necessary, and render a decision in writing. 3. If the decision of the Executive Officer resolves the grievance to the satisfaction of grievant, it shall bind the Authority. 4. If the decision of the Executive Officer does not resolve the grievance to the satisfaction of grievant, grievant may file a final appeal to Step One meeting3. f. Step 3 1. A final appeal to Step 3 may be filed, in writing, with the Executive Officer not more than seven calendar days from receipt by grievant of the Executive Officer’s decision. 2. At Step 3, the grievance may be determined by an arbitrator selected by mutual agreement between grievant and Executive Officer, provided they also agree on the issues to be arbitrated. Otherwise, the grievance shall be reduced to writing, signed determined by the employee and a Shop Xxxxxxx or Union Committee member and Board of Review. In such event, the decision of the Board of Review shall be presented to made in writing within thirty calendar days after the immediate supervisor or filing of the department head by a Shop Xxxxxxx or a Union Committee memberappeal. 3. The parties will meet to discuss decision of the grievance. Within seven (7) calendar days following arbitrator or of the meetingBoard of Review, as the supervisor or the department head case may be, shall give be final and binding on all parties. g. Any time limit may be extended only by mutual agreement in writing. h. An aggrieved employee may be represented by any person of his/her written replychoice at any stage of the proceedings. If A representative of the grievance collective bargaining agent is not settled entitled to be present at this stepall meetings, Then within ten (10) calendar days conferences and hearings. i. All expenses of receiving arbitration shall be shared equally by Authority and grievant. j. Failure on the Step Two responsepart of Authority or grievant to appear before the arbitrator, the Union Committee or its delegatewithout good cause, shall notify the Company result in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral forfeiture of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts case and copies responsibility for payment of all relevant documents. The findings or decisions costs of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancearbitration.

Appears in 4 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE PROCEDURE. 26.01 For the purposes purpose of considering and attempting to settle any dispute or complaint regarding the interpretation, application, or administration of this Agreement, the procedure set out in this Article shall be followed. 26.02 The Union shall, no later than September 30 of each school year, appoint, and the Board shall recognize, a grievance is defined as:committee of the Union, representing all teachers employed by the Board, to deal with grievances. This committee, with regional representation, shall be known as the Union Grievance Committee. The Union shall inform the Director of Human Resources in writing of the members of the Committee or any change in the membership. (a) A difference arising between 26.03 If a teacher or the parties relating to Union has a dispute with the Board or its representative regarding interpretation, application, administration, or any alleged violation of this Agreement, the dispute shall constitute a grievance, and the teacher or the Union shall process the grievance according to the procedure in this Article. 26.04 Step 1 (a) The aggrieved teacher, with or without a representative and with or without a member of the Union Grievance Committee, shall submit the grievance to the Regional Director of the Region within ten (10) working days of the effective knowledge of the facts which gives rise to the alleged grievance. The teacher shall provide a statement with a summary of the facts giving rise to the grievance, identify the specific Article(s) of the Agreement including any question as alleged to whether have been violated, and describe the redress sought. The grievor shall provide the Union Grievance Committee with a matter is arbitrablecopy of the grievance. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days Regional Director of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Region shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented reply in writing to the immediate supervisor or grievor and to the department head by a Shop Xxxxxxx or a Union Grievance Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar working days of receiving the grievance. (a) If the matter is not resolved at Step Two response1, the Union Grievance Committee or its delegate, shall notify submit the Company grievance in writing that to the grievance will proceed to Step Three. The Company and Union will meet Director of Human Resources within twenty-one ten (2110) calendar working days of referral receiving the reply in Step 1. (b) Within ten (10) working days of receipt of the grievance grievance, the Director of Human Resources shall meet with the Union Grievance Committee to Step Three attempt to discuss settle the grievance. At this step . (c) The Director of the grievance procedure, each party Human Resources shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented reply in writing to the Union in writing Grievance Committee within seven ten (710) calendar working days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1 The dismissal, discipline or suspension of an aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeemay, with or without PBA representation, submit a Shop Xxxxxxx written grievance on the prescribed form to the Office of the Police Chief within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or Union Committee member (at when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee's option). The written grievance at this step, and at all steps thereafter, shall first discuss contain the following information: 1. A statement of the grievance with hisincluding date of occurrence, details, and facts upon which the grievance is based. 2. The article and section, if appropriate, of the Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances. 5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/her immediate supervisor grievant or department head within seven the PBA shall have five (75) additional calendar days to fully complete and resubmit the grievance. Within fifteen (15) calendar days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing , the grievance Police Chief or designee shall meet with the employee. If grievant and/or the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingPBA representative, the grievance shall be reduced to writingif applicable, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss and seek a solution to the grievance. Within seven (7) calendar days following after the meeting, the supervisor Police Chief or the department head designee shall give his/her a response in writing to the grievant and the PBA representative as the case may be. The written replyresponse at this step and all steps thereafter shall contain the following information: 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Step 2 If the grievance is not settled resolved at this stepStep 1, Then the aggrieved employee and/or PBA representative, if applicable, may submit a written appeal to the Labor Relations Office within ten fifteen (1015) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance on the prescribed form to the Labor Relations Office within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The Labor Relations Manager or designee, if deemed appropriate, shall meet with the aggrieved employee, Department management, and PBA representatives, if applicable, within fifteen (15) calendar days of receiving receipt of the Step Two response, written appeal to discuss and seek a resolution of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threegrievance. The Company and Union will meet within twenty-one Within fifteen (2115) calendar days of referral of after this meeting, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party Labor Relations Manager or designee shall provide give a written recommendation to the other a statement of facts Police Chief or designee and copies of all relevant documentsto the aggrieved employee and/or PBA representative, if applicable. The findings or decisions of the Employer shall be presented Police Chief will then have fifteen (15) days to make any changes to the Union in writing within seven (7) calendar days of disciplinary action following the meetingrecommendation by the Labor Relations Manager or designee. If In the grievance is event the PBA representative; the employee, if not settled at this steprepresented by the PBA; and the Labor Relations Manager or designee mutually agree to waive Step 2, either party the PBA or aggrieved employee may refer the grievance proceed directly to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation as described in Article 10 of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAgreement.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A 19.01 Any difference arising between the parties relating as to the interpretation, application, administration, operation or alleged violation of the Agreement this Agreement, including any difference arising over the suspension or dismissal of an Employee, and including the question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsfinally and conclusively resolved without stoppage of work in the following manner: STAGE 1: The employee, Shop Xxxxxxx with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), Employee(s) shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance matter with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then Employee's Supervisor within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar working days of the meetingalleged grievance first arising. If the grievance matter is not settled resolved within five (5) working days, then: STAGE 2: In cases involving employees in the Property Maintenance Department, the matter shall be submitted within five (5) working days in writing prior to discussion with the General Manager or designate. Should the matter not be resolved at this stepstage within ten (10) working days, either party may refer then: STAGE 3: The matter shall be discussed within five (5) working days between a grievance committee of the Board consisting of at least three (3) representatives of the Board and a grievance committee of the Union consisting of at least three (3) representative of the Union. Should the matter not be resolved within ten (10) working days, then: STAGE 4: The matter shall be referred to arbitration under Articles 7 or 8 within twenty-a Board of Arbitration of three (3) members. One (1) member shall be appointed by the Board and one (211) calendar by the Union. The third member, who shall be Chairman of the Arbitration Board, shall be appointed by the parties' appointees. Should the parties' appointees be unable to agree on a Chairman within five (5) days of the presentation appointment of the member last appointed, the Chairman shall be appointed by the Minister of Labour for the Province of British Columbia. By mutual agreement, both parties may agree on a single arbitrator. 19.02 Wherever a stipulated time limit is mentioned in this Article, the said time limit may be shortened or extended by the mutual written agreement of both parties. 19.03 Where a grievance involves a question of general interpretation or application of this decision. The Employer agrees that their representatives at Agreement or where a large group of Employees are involved in a grievance, Stage 1 may be by-passed and the Step 3 meeting have the authority grievance referred by either party directly to resolve the grievanceStage 2.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. For 9.01 The parties acknowledge that, in the purposes interests of this Agreementpromoting good working relationships, complaints of employees or of the Employer should be dealt with and settled at the earliest possible stage. An employee who has a grievance is defined as: (a) A difference arising between the parties complaint relating to the interpretation, application, administration, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee agreement shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance complaint with his/her supervisor initially in order to give the immediate supervisor an opportunity of adjusting the complaint prior to invoking the formal grievance procedure. The supervisor shall state his decision verbally within three (3) working days of receiving the complaint. Failing resolution of the complaint the grievance procedure shall be invoked. Step 1: Should the employee or department head the union be dissatisfied with the supervisor’s disposition of the complaint, he/she may, with the assistance of his/her xxxxxxx or bargaining committee representative, commit the grievance to writing on a written grievance form approved by the Employer which shall be delivered to the supervisor within seven five (75) calendar working days of receipt of the supervisor’s reply to the complaint. The grievance shall specify the article or articles of the agreement allegedly violated, contain a detailed statement of the facts relied upon, indicate the relief sought and be signed by the employee, or union xxxxxxx. The supervisor shall answer the grievance in writing within five (5) working days. Step 2: Should the employee or the union be dissatisfied with the disposition of the grievance at Step 1, the grievance may be referred to the President or his designate within five (5) working days of the occurrence of the grievanceresponse at Step 1. The supervisor will respond President shall answer the grievance in writing within three five (5) working days of discussing receipt. Step 3: If no settlement is reached at Step 2, then the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall matter may be reduced referred to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then arbitration within ten (10) calendar working days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral written response of the President or his designate, as set out in Article 10. 9.02 The union or the Employer may initiate a policy or group grievance to beginning at Step Three to discuss the grievance. At this step 2 of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer Such grievance shall be presented to the Union in writing filed within seven ten (710) calendar working days of the meetingincident giving rise to the complaint and be in the form prescribed in Step 1. If the Any such grievance is not settled at this step, either party may refer the grievance be referred to arbitration under Articles 7 this article by either the union in the case of a union grievance or 8 within twenty-one the Employer in the case of an employer grievance. The union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be by- passed. 9.03 Time limits specified in the grievance procedure may be extended by mutual agreement in writing between the Employer and the union. 9.04 No grievances may be submitted concerning termination, layoff or disciplining of a probationary employee, except where bad faith is alleged. 9.05 A regular employee who is discharged or suspended for more than five (215) calendar working days may file a grievance at Step 2 of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancegrievance procedure within three (3) working days after such discharge or suspension.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes Any dispute alleging a violation of this Agreement, a grievance is defined as: Agreement (aexcluding jurisdictional disputes) A difference arising between shall be resolved in accordance with the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementprocedure set forth herein. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her No grievance shall be settled as follows: The employeerecognized unless called to the attention of the Employer by the Union, with or without a Shop Xxxxxxx or to the Union Committee member by the Employer within five (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (75) calendar days of after the occurrence of the grievancealleged violation was committed. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Grievances shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented appealed to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then next higher step within ten (10) calendar days of receiving after the Step Two response, meeting in the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threelower step. The Company respective five-day and Union will meet within twentyten-one (21) calendar days of referral day limits between grievance steps may be extended by mutual agreement of the grievance to Step Three to discuss the grievanceparties. At this Settlement of grievances may be arrived at in any step of the grievance procedureprocedure and shall be final and binding upon the Union and the Employer. Step 1: Between the Employer and the Jobsite Representative Step 2: Between the Employer and the Business Representative of the local union Step 3: Between the Employer or the Contractor’s Labor Relations Manager and the International Union representative Step 4: If the parties are unable to effect an amicable settlement or adjustment of any grievance or controversy, each party said grievance shall provide be reduced to writing on a “Standard Grievance Form” provided by the Administrator of the General Presidents’ Project Maintenance Agreement (GPPMA). The written grievance shall be submitted to the other Joint Labor/Management GPPMA Grievance Committee for resolution. A decision rendered by the Grievance Committee shall be final and binding upon the parties. Step 5: A. Failure of the Joint Labor/Management GPPMA Grievance Committee to reach a statement decision shall constitute a basis for a submittal of facts and copies of all relevant documentsthe question by the moving party to the GPPMA Standing Arbitrator or his alternate (hereinafter referred to as “Arbitrator”). The findings or decisions moving party must submit the grievance to the Arbitrator not later than 30 calendar days after the date of the Employer failure of the grievance committee to render a decision. The Arbitrator shall be presented to coordinate with all parties in scheduling a mutually acceptable time and place for the Union in writing hearing within seven a reasonable time period. B. The Arbitrator will issue his decision within twenty (720) calendar days from the conclusion of the meetinghearing or submittal of briefs. If The decision of the grievance is Arbitrator shall be final and binding on the parties. The Arbitrator shall have no authority to change, amend, add to, or detract from any of the provisions of this Agreement. The decision of the Arbitrator shall only apply to the involved project and shall not settled at this stephave precedent value beyond that project. The total cost of the arbitration, either party may refer including the grievance Arbitrator’s fees and expenses, shall be borne equally by the parties and shall be paid by the parties to arbitration under Articles 7 or 8 the GPPMA Labor/Management Trust. The Trust in turn shall pay the fee and expenses of the Standing Arbitrator within twenty-one thirty (2130) calendar days of the presentation issuance of this his decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 3 contracts

Samples: Project Maintenance Agreement, Project Maintenance Agreement, Project Maintenance Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising Section 1. Any dispute between the parties relating to employer and the Union concerning the interpretation, application, administration, enforcement or alleged violation the application of any provisions of this agreement shall be adjusted in the Agreement including any question as to whether a matter is arbitrable.following manner: (b) The dismissal, discipline or suspension of an employee bound by this agreementStep 1. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her A grievance shall be settled as follows: presented in writing to the Fire Chief or his designee within ten (10) days of occurrence (excluding Saturdays, Sundays, and holidays). Copies shall be made available to the employee or employees if applicable, the Union, and the Director of Human Resources. The Fire Chief or his designee may meet with the employee, the Union, and consult with others before rendering his decision. The Fire Chief or without a Shop Xxxxxxx his designee, shall render his decision, in writing, within ten (10) days (excluding Saturdays, Sundays, and holidays) of receipt of the original grievance. Step 2. A grievance not satisfactorily resolved in Step 1 above, shall be submitted, in writing, within ten (10) days (excluding Saturdays, Sundays, and holidays) to the City Manager. The City Manager will consider all information presented and may consult or Union Committee member (at meet with the employee's option), the Union, and others in reaching a decision. The City Manager shall first discuss render his decision within ten (10) days (excluding Saturdays, Sundays, and holidays) of receipt of the Union’s grievance. Step 3. If the City Manager has not settled the grievance with his/her immediate supervisor or department head upon the completion of Step 2 above, a request to submit the issue to arbitration for adjustment shall be requested within seven thirty (730) calendar days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievanceCity Manager’s response as follows: 1. Within seven (7) calendar days following from the meetingdate of a request for arbitration the Union and employer shall jointly request an arbitrator to conduct a hearing under the voluntary labor arbitration rules of the American Arbitration Association if the two parties have not agreed on an arbitrator. The parties shall share equally the cost of the arbitrator’s fees and expenses. 2. The arbitrator’s award shall be consistent with the authority granted the arbitrator by the Agreement and the Norman City Code and the Charter of the City. 3. The arbitrator shall have no authority to amend, alter or modify this Agreement on its terms. 4. The decision, findings and recommendations of the arbitrator shall be final and binding on the parties to this agreement as long as those decisions have not exceeded the arbitrator’s authority as set out herein. 5. The parties to this Agreement may, at any time, satisfactorily resolve the grievance and, thereby, jointly notify, in writing, the supervisor or arbitrator that the department head arbitration proceedings should cease. Section 2. It is understood and agreed that when a grievance is filed the act of filing such grievance shall give his/her written reply. If constitute authorization to reveal to participants in the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company procedure any and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the all information available concerning said grievance. At this step Such filing shall further constitute a release from any and all claim of the grievance procedure, each party shall provide to the other a statement liability by reason of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesuch disclosure.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A 18.01 Grievance means any difference arising between the parties relating to or dispute concerning the interpretation, application, administration, administration or alleged violation of this Collective Agreement, whether between the Employer and any employee or employees bound by the Collective Agreement including any question as to whether a matter is arbitrableor between the Employer and the Union. (b18.02 Grievances or complaints shall be settled in the following manner: a) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by If the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievancecomplaint against the Employer, his/her grievance it shall be settled referred to as followsa grievance and the procedure for settlement shall commence with Step 1. b) If the Employer or the Union has a complaint, it shall be referred to as a dispute, and the procedure for settlement shall commence with Step 3. STEP 1: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), employee involved shall first discuss take up the grievance with his/her immediate the supervisor or department head directly in charge of the work within seven ten (710) calendar working days of the occurrence of circumstances giving rise to the grievance. The supervisor will respond employee may be accompanied by an Office Xxxxxxx or Representative of the Union. The Employer shall give a decision within three five (5) working days of discussing the grievance with the employee. such meeting. STEP 2: If the grievance is not settled resolved at this step: Then within seven (7) calendar days of the Step One meeting1, the grievance matter shall be reduced to writing, signed writing by the employee Griever and/or the Union and a Shop Xxxxxxx or Union Committee member and shall be presented submitted to the immediate supervisor or management persons designated by the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven Employer within ten (710) calendar working days following the meeting, decision rendered at Step 1. The griever along with the supervisor or Office Xxxxxxx and/or the department head Union Representative shall meet with the designated management persons to attempt to settle the matter. The Employer shall give his/her written reply. a decision within ten (10) working days of such meeting. (a) If the grievance is not settled resolved at this step, Then Step 2 it shall be referred to the Representative of the Union and a Representative of the Employer within ten (10) calendar working days of receiving the decision rendered at Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three2. The Company and Union will meet Failing settlement within twenty-one ten (2110) calendar working days of referral receipt of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party Party may refer the grievance matter to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceas provided in Article 19.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For 16.1 A grievance is a complaint involving the purposes interpretation or application of any of the provisions of this AgreementAgreement or a complaint that an employee or group of employees in the bargaining unit has been unfairly treated or otherwise demoted, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, suspended or alleged violation of the Agreement including any question as to whether a matter is arbitrabledischarged without just cause. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If 16.2 When an employee has a complaint, he/she should first consult her/his immediate supervisor. If the complaint is not resolved, he/she may then follow the grievance procedure outlined below: Step 1: The Union shall present the grievance to the employee’s supervisor within thirty (30) calendar days of the occurrence. A written decision will be rendered within fourteen (14) calendar days of the grievance meeting. Resolutions achieved at this level will be non-precedent setting and will not be used as evidence or discussed in any grievance/arbitration matter except as it relates to the aggrieved. Furthermore, his/her grievance resolutions shall be settled final and binding on all involved parties as followsto that matter. Step 2: The employeeUnion may appeal the Step 1 decision to the next higher level of management. A written decision will be rendered within fourteen (14) calendar days of the grievance meeting unless the time period is extended by mutual consent. Resolutions achieved at this level will be non-precedent setting and will not be used as evidence or discussed in any grievance/arbitration matter except as it relates to the aggrieved. Furthermore, with resolutions shall be final and binding on all involved parties as to that matter. Step 3: The Union may next appeal the Step 2 decision to the Director—Labor Relations or without a Shop Xxxxxxx or designated representative. The grievance meeting will occur within fourteen (14) calendar days unless otherwise agreed by the parties. A written decision will be rendered within fourteen (14) calendar days of the grievance meeting unless the time period is extended by mutual consent. 16.3 The Company shall pay not more than two (2) Union Committee member representative (who is also an active employee of the Company) to attend at each step. No more than two (2) Union representatives who are also employees of the Company may be present at any step. The Union may have a maximum of three (3) representatives at the employee's option), shall first discuss third step. The number of attendees may be increased by mutual agreement of the grievance with his/her immediate supervisor or department head parties. 16.4 Grievances must be presented within seven thirty (730) calendar days of the occurrence of which gave rise to the grievance. The supervisor will respond within three working days Notification of discussing appeal shall be in writing at Steps 2 and 3 and shall set forth the act or occurrence grieved, the name or names of employees aggrieved where practical, the contract provision alleged to have been violated, if any, and the remedy requested. 16.4.1 Written appeals to Step 2 must be hand-delivered, sent electronically or faxed, or postmarked via US Mail to the Company representative authorized to handle the grievance with the employee. If the grievance is not settled at this step: Then within seven fourteen (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (714) calendar days following the meetingdate of the notice to the Union of the decision reached at Step 1. 16.4.2 Written appeals to Step 3 must be faxed or sent electronically, or postmarked via US Mail to the supervisor or the department head shall give his/her written reply. If Company representative authorized to handle the grievance is not settled at this step, Then within ten fourteen (1014) calendar days of receiving following the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral date of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented notice to the Union in writing within seven (7) calendar days of the meeting. If decision reached at Step 2. 16.5 Disposition of any grievance not appealed within the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancespecified time limits shall be considered final.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For (a) Any complaint, disagreement or difference of opinion between the purposes Employer, the Union or the employees covered by this Contract, which concerns the interpretation or application of the terms and provisions of this Contract, shall be considered a grievance and the following procedure will apply. (i) The employee involved shall either by himself or with the Shop Xxxxxxx, take the matter up with the Shop or Yard Superintendent. If the Shop Xxxxxxx is not available or does not take up the grievance, the employee may phone the Union, and have the Business Agent take up the grievance for him, after the Business Agent discusses it with the Shop Xxxxxxx if he is involved. In the case of a Company grievance, the applicable Superintendent may take up the matter with the employee involved and/or the Shop Xxxxxxx and failing to resolve the matter shall call the Union office. (ii) If the matter is not resolved at Step (i) the party taking up the grievance (i.e. the Union or the Company) shall then put the grievance in writing and send same to the top Officer of the opposite party, and the two (2) parties shall meet and attempt to settle the matter after the initial meetings of the Union Representatives and the Warehouse Superintendent. Any grievance which is not presented within fourteen (14) days following the event giving rise to such grievance, shall be forfeited and waived by the aggrieved party. This provision shall not be used to deny any employee his or her rights under the Provincial Labour Statutes. (iii) If no solution is concluded by Step (ii), the question shall be submitted to Arbitration. The Arbitration Board shall be made up of three (3) persons, one (1) appointed by the Employer and one (1) appointed by the Union; the third member and Chairman to be selected by the appointees of the parties. Should the first two (2) members fail to select a Chairman and third member, application may be made by either party to the Labour Relations Board to appoint a person to be Chairman and third member. The first party appointing a member for the Arbitration Board shall make its appointment within five (5) days of the service of such notice upon it. The decision of a majority of the Arbitration Board shall be the decision of the Board and the parties shall be bound thereby. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigations as it deems essential to a full understanding and determination of the issues involved. In reaching its decision, the Arbitration Board shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter any of the terms of this contract. All grievances submitted shall present an arbitrable issue under this contract, and shall not depend on or involve an issue or contention by either party which is contrary to any provision of this contract, or which involves the determination of a grievance subject matter not covered by or arising during the term of this contract. It is defined as:the intention of the parties that this Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. The expenses of the Chairman shall be borne equally by the parties to the Arbitration. (ac) A If any employee is discharged and the Union alleges such employee has been wrongfully discharged, the matter shall be taken up through the Grievance Procedure. In the event that a decision is made to reinstate any employee, he or she shall receive pay for time lost following dismissal and prior to reinstatement, in an amount sufficient to make up the difference arising between any monies received by that employee for other employment and his or her full pay. (d) Any discharged employee may, within seventy-two (72) hours of his discharge in writing, require the parties relating Employer to give to him the interpretationreasons for his discharge and the Employer will give such reasons to him in writing, applicationwithin seventy-two (72) hours of such request, administration, and in the event of any dispute or alleged violation of the Agreement including any question difference as to whether a matter is arbitrableor not there was proper cause for the discharge of an employee, only the reasons so set forth in writing shall constitute cause. (be) The dismissalIf any adverse statements are to be put into any employee's personnel file, discipline or suspension a copy of an employee bound by this agreement. Disciplinary action grievable by same will be given to the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has with a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented copy to the Union in writing within seven and after two (72) calendar days years from the date of the meeting. If the grievance is not settled at this step, either party may refer the grievance event giving rise to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesuch adverse statement same shall become null and void.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1 The dismissal, discipline or suspension of an aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeemay, with or without PBA representation, submit a Shop Xxxxxxx written grievance on the prescribed form to the Office of the Police Chief within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or Union Committee member (at when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee's option). The written grievance at this step, and at all steps thereafter, shall first discuss contain the following information: 1. A statement of the grievance with hisincluding date of occurrence, details, and facts upon which the grievance is based. 2. The article and section, if appropriate, of the Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances. 5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/her immediate supervisor grievant or department head within seven the PBA shall have five (75) additional calendar days to fully complete and resubmit the grievance. Within fifteen (15) calendar days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing , the grievance Police Chief or designee shall meet with the employee. If grievant and/or the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingPBA representative, the grievance shall be reduced to writingif applicable, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss and seek a solution to the grievance. Within seven (7) calendar days following after the meeting, the supervisor Police Chief or the department head designee shall give his/her a response in writing to the grievant and the PBA representative as the case may be. The written replyresponse at this step and all steps thereafter shall contain the following information: 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Step 2 If the grievance is not settled resolved at this stepStep 1, Then the aggrieved employee and/or PBA representative, if applicable, may submit a written appeal to the Labor Relations Office within ten fifteen (1015) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance on the prescribed form to the Labor Relations Office within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The Labor Relations Manager or designee, if deemed appropriate, shall meet with the aggrieved employee, Department management, and PBA representative, if applicable, within fifteen (15) calendar days of receiving receipt of the Step Two response, written appeal to discuss and seek a resolution of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threegrievance. The Company and Union will meet within twenty-one Within fifteen (2115) calendar days of referral of after this meeting, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party Labor Relations Manager or designee shall provide give a written recommendation to the other a statement of facts Police Chief or designee and copies of all relevant documentsto the aggrieved employee and/or PBA representative, if applicable. The findings or decisions of the Employer shall be presented Police Chief will then have fifteen (15) days to make any changes to the Union in writing within seven (7) calendar days of disciplinary action following the meetingrecommendation by the Labor Relations Manager or designee. If In the grievance is event the PBA representative; the employee, if not settled at this steprepresented by the PBA; and the Labor Relations Manager or designee mutually agree to waive Step 2, either party the PBA or aggrieved employee may refer the grievance proceed directly to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation as described in Article 10 of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAgreement.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. For The following procedure shall be used for the purposes resolution of this Agreementdifferences referred to in Article 9.01, a grievance is defined asother than for the suspension or dismissal of employees: Step 1 Within fourteen (a14) A difference arising between calendar days of when the parties relating employee first becomes aware of the matter giving rise to the interpretationdifference, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member the xxxxxxx (at the employee's option), choice) shall first discuss the grievance difference in a meeting with his/her the immediate supervisor. Where the immediate supervisor or department head is also the Step 2 designate, this stage may be eliminated. Step 2 If the difference is not satisfactorily settled under Step 1 then, within fourteen (14) calendar days after the completion of Step 1, the employee with a xxxxxxx shall meet with the representative designated by the Employer with the authority to handle grievances at Step 2 to discuss and submit the grievance in writing. Within a further seven (7) calendar days of receipt of the written grievance, the representative designated by the Employer shall give a written response to the employee and the xxxxxxx. Should the grievance be denied, written explanations shall be given. If the grievance is not satisfactorily settled under Step 2, then the xxxxxxx shall notify the Union within seven (7) calendar days of receipt of the occurrence of written response to the grievance. Where the Union submits the written grievance, Step 1 shall be eliminated and the Union shall be substituted for the employee in Step 2. Step 3 The supervisor will respond Union shall, within three working a further fourteen (14) calendar days of discussing this notification, discuss the grievance with the employeerepresentative designated by the Employer with the authority to handle grievances at Step 3 (who shall be outside the bargaining unit). If the grievance is not settled at this step: Then within Within a further seven (7) calendar days of the Step One 3 meeting, the representative designated by the Employer shall respond in writing to the Union. Should the grievance be denied, written reasons for denial shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee membergiven. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled Failing settlement at this step, Then the grievance may be referred to Industry Troubleshooter and/or arbitration within ten ninety (1090) calendar days from the date of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide written response to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes purpose of this Agreement, a grievance is defined as: (a) A any difference arising or dispute between the Employer and the Union, an employee or group of employees concerning the interpretation or application of this Agreement. The parties relating agree to the interpretationmake prompt and xxxxxxx efforts to resolve such matters. The procedure for handling a grievance pertaining to any such difference or dispute which may arise under this Agreement, applicationshall be as follows, administrationexcept that grievances involving disciplinary suspensions, transfers or alleged violation of the Agreement including any question as terminations may be taken directly to whether a matter is arbitrableStep 2. (b) The dismissalSTEP 1. Since it is in the best interest of all concerned that a grievance be promptly and expeditiously resolved, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by aggrieved employee(s), and if the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop desires the Union Xxxxxxx or and/or Union Committee member (at the employee's option)Representative, shall first discuss the present such grievance with his/her immediate supervisor or department head within seven ten (710) calendar days after the grievant(s) knew or had reason to know of the occurrence of event giving rise to the grievance. The supervisor will Account Manager/Employer designee shall respond within three working days of discussing the grievance with the employeeten (10) calendar days. STEP 2. If the grievance matter is not settled at this in the first step: Then within seven (7) calendar days of , and the Step One meetingUnion wishes to further pursue it, the grievance shall be reduced to writing, signed by the employee writing and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor responsible Human Resources Manager or other management employee designated by the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven Employer within ten (710) calendar days following response at the meetingfirst step or the date on which it was due whichever is earlier. The aggrieved employee, the supervisor or the department head shall give his/her written reply. If Union Xxxxxxx, and a Union Representative may request a meeting to discuss the grievance is not settled at this step, Then with the Human Resources Manager; such meeting shall be scheduled within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threethis request. The Company and Union will meet Human Resources Manager shall give his or her written response within twenty-one ten (2110) calendar days of referral of after the second step meeting. STEP 3. If the matter is not settled in the second step, and the Union wishes to further pursue it, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Employer’s Principal Officer or other management employee designated by the Employer within ten (10) calendar days following response at the second step, or the date on which it was due, whichever is earlier. The aggrieved employee, the Union in writing Xxxxxxx, and a Union Representative may request a meeting to discuss the grievance with the Principal Officer or other management employee designated by the Employer; such meeting shall be scheduled within seven ten (710) calendar days of the meetingthis request. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 The Principal Officer shall give his or 8 her written response within twenty-one ten (2110) calendar days of after the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancethird step meeting.

Appears in 2 contracts

Samples: Hartford Security Contractors Agreement, Hartford Security Contractors Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1 The dismissal, discipline or suspension of an aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeemay, with or without PBA representation, submit a Shop Xxxxxxx written grievance on the prescribed form to the Office of the Police Chief within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The grievance will be considered submitted when it is signed as received by the Department/City if delivered in person or Union Committee member (at when it is date/time stamped from a facsimile or e-mail to the Police Chief or designee. It is understood that in all discipline cases, "occurrence" is the date that Police Fiscal Services forwards the fully signed Employee Notice to the employee's option). The written grievance at this step, and at all steps thereafter, shall first discuss contain the following information: 1. A statement of the grievance with hisincluding date of occurrence, details, and facts upon which the grievance is based. 2. The article and section, if appropriate, of the Agreement alleged to have been violated. 3. The action, remedy, or solution requested by the employee. 4. Signature of aggrieved employee and/or the PBA representative, if applicable. If the employee is represented by the PBA, no employee signature is necessary for disciplinary grievances. 5. Date submitted. Grievances submitted which do not contain the above information shall be considered void and shall be returned to the employee or the PBA if it is representing the employee. The employee/her immediate supervisor grievant or department head within seven the PBA shall have five (75) additional calendar days to fully complete and resubmit the grievance. Within fifteen (15) calendar days of the occurrence receipt of the grievance. The supervisor will respond within three working days of discussing , the grievance Police Chief or his designee shall meet with the employee. If grievant and/or the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingPBA representative, the grievance shall be reduced to writingif applicable, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss and seek a solution to the grievance. Within seven (7) calendar days following after the meeting, the supervisor Police Chief or the department head designee shall give his/her a response in writing to the grievant and the PBA representative as the case may be. The written replyresponse at this step and all steps thereafter shall contain the following information: 1. An affirmation or denial of the facts upon which the grievance is based. 2. An analysis of the alleged violation of the Agreement. 3. The remedy or solution, if any, to be made. 4. Signature of the appropriate management representative. Step 2 If the grievance is not settled resolved at this stepStep 1, Then the aggrieved employee and/or PBA representative, if applicable, may submit a written appeal to the Labor Relations Office within ten fifteen (1015) calendar days after receipt of the Police Chief or designee's written response. If Step 2 is the appropriate level to file the original grievance, the aggrieved employee may, with or without PBA representation, submit a written grievance on the prescribed form to the Labor Relations Office within twenty (20) calendar days after the occurrence of the matter from which the grievance arose. The Labor Relations Manager or designee, if deemed appropriate, shall meet with the aggrieved employee, Department management, and PBA representative, if applicable, within fifteen (15) calendar days of receiving receipt of the Step Two response, written appeal to discuss and seek a resolution of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threegrievance. The Company and Union will meet within twenty-one Within fifteen (2115) calendar days of referral of after this meeting, the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party Labor Relations Manager or designee shall provide give a written recommendation to the other a statement of facts Police Chief or designee and copies of all relevant documentsto the aggrieved employee and/or PBA representative, if applicable. The findings or decisions of the Employer shall be presented Police Chief will then have fifteen (15) days to make any changes to the Union in writing within seven (7) calendar days of disciplinary action following the meetingrecommendation by the Labor Relations Manager or designee. If In the grievance is event the PBA representative; the employee, if not settled at this steprepresented by the PBA; and the Labor Relations Manager or designee mutually agree to waive Step 2, either party the PBA or aggrieved employee may refer the grievance proceed directly to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation as described in Article 10 of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceAgreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Any grievance arising under the purposes terms of this AgreementAgreement shall be addressed as follows: Unless the grievance concerns formal disciplinary action, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include first engage in a direct discussion with his or her supervisor to attempt to resolve the dispute. Upon request of the employee or supervisor, a union xxxxxxx may participate in the discussion. This requirement must be satisfied before a written censures, letters of reprimandgrievance is submitted at Step 1, and adverse reports or performance evaluationany subsequently filed written grievance must identify the date of such discussion. If an employee has a grievancethe discussion above does not resolve the issue informally, his/her grievance or in the case of formal disciplinary action, all grievances arising under the terms of this Agreement shall be settled as follows: resolved through the following procedure: Step 1 — The employee, Union shall file the grievance in writing with or without a Shop Xxxxxxx or Union Committee member (at the manager immediately above the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head with Human Resources within ten (10) calendar days after the event giving rise to the grievance. A meeting shall be held within seven (7) calendar days of after the occurrence of the grievancegrievance is submitted. The supervisor will respond within three working days of discussing meeting shall be attended by the grievance with employee, the manager, and a union xxxxxxx if requested by the employee. If Provided it is not considered standard practice, and provided the Union provides prior notice to Human Resources, when a xxxxxxx cannot participate soon enough to promptly meet the contractual timelines, a Union Staff Representative may be present in lieu of a xxxxxxx. No other persons shall attend the meeting without mutual agreement of the manager and employee. The manager shall respond to the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of after the Step 1 meeting. . Step 2 — If the grievance is response does not settled at this stepbring about settlement, either party the Union may refer file a written appeal to the grievance to arbitration under Articles 7 Vice President of Human Resources or 8 within twenty-one designee no later than seven (217) calendar days after the response at Step 1, or if there is no response, no later than fourteen (14) calendar days after submission of the presentation of this decision. The Employer agrees that their representatives appeal at the Step 3 I. A meeting have the authority to resolve the grievance.shall be held, within seven

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 1. The Guild may appoint a committee to take up with The News any matter arising out of the purposes application of this Agreementcontract, or affecting the relations of the employees and The News. The News and the Guild agree to make every effort to settle every dispute, claim, difference or grievance arising out of this contract, or affecting the relations of the Guild and the employees with The News. Any such matter will be submitted by the complaining party in a letter to the other, briefly setting forth the facts giving rise to it, the ground of the complaint and the action sought. The Guild and The News will handle grievances expeditiously and diligently. 2. The parties agree to meet within five days at the request of either party for a grievance is defined as:meeting. (a) A difference 3. Any such grievance involving a matter arising between the parties relating to the interpretation, application, administration, or alleged violation out of the Agreement including any question as to whether a matter is arbitrable. application of this contract (bexcept renewal or modification of the contract) or affecting the relations of the employees and The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be News not satisfactorily settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar 30 days of the occurrence first consideration may be submitted to final and binding arbitration by either party. Such arbitration will be conducted pursuant to the voluntary labor arbitration rules of the grievanceAmerican Arbitration Association. The supervisor cost of such arbitration will respond within three working days of discussing be borne equally by the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days parties, except that neither party will be obligated to pay any part of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and cost of a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberstenographic transcript without express consent. The parties arbitrator will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve amend, change, modify, add to or subtract from any of the provisions of this contract, but will have the authority only to interpret and apply this contract. 4. If any of the following rules, which are not waived by The News, are not complied with by the Guild, the provisions of Section 4A of this article will not be effective as to the issue raised in the grievance. A. The Guild will invoke this section as follows: (1) At its option, the Guild may inform The News in writing, ifreceived by The News within five days (excluding Saturday and Sunday) after the act, event or occurrence complained of that it invokes the following provision: Conditions prevailing prior to the time of the act, event or occurrence will not be changed pending final resolution of the said grievance. (2) However, if the Guild has received two weeks notice by The News prior to the act, event, or occurrence any invocation of the provisions of Section 4A(1) must be made by the Guild within seven days of the giving of such prior notice by The News. (3) This section is not applicable to editorial decisions of the editor. B. However, it is understood that if any award for back pay will be made, such reimbursement will not exceed the amount the employee would have been paid by The News if he/she had continued in its employ, and the arbitrator will take into consideration whether a deduction will be made for any amounts the employee meanwhile may have earned elsewhere. From such award, if any, will be deducted any amount paid the employee through unemployment insurance. This will not be construed, in any manner, to mean that severance pay will be given in addition to back pay awarded to him/her. C. If Section 4A of this article is invoked, the Guild agrees to arbitration under the expedited arbitration rules of the American Arbitration Association.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For (1) The Employer and the purposes of this Agreement, a grievance is defined asUnion recognize that grievances may arise concerning: (a) A difference arising differences between the parties relating to Parties respecting the interpretation, application, administrationoperation, or any alleged violation of the Agreement a provision of this Agreement, including any a question as to whether or not a matter is arbitrable.subject to arbitration; or (b) The the dismissal, discipline discipline, or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Agreement. (2) The procedure for resolving a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor procedure in this Article. (3) Where the Union or department head the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. (4) The time limits set out below may be altered by agreement of the Parties. Step 1: Within seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the occurrence of alleged violation giving rise to the grievance. The supervisor will respond within three working days of discussing , the grievance employee shall, with or without a Union representative (at the employee. If ’s choice), discuss the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to matter with the immediate supervisor or who is excluded from the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievancebargaining unit. Within seven (7) calendar days following from the meetingdiscussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative. Step 2: If the matter is not resolved in the informal process in Step 1, the supervisor employee with the assistance of the Shop Xxxxxxx or Union Committee Member, may submit a written grievance not later than seven (7) calendar days after Step 1 is completed to the department head shall give Executive Health Director or his/her designate setting out the nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The grievance shall be transmitted to the Executive Health Director or designate by the Union Xxxxxxx or Union Committee Member. Receipt of Grievance by designated management representative must be confirmed by union xxxxxxx. Within seven (7) calendar days after the receipt of the written reply. If grievance, the Executive Health Director or designate shall give a written response to the employee and the Union representative and, if the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two responsedenied, the response will include an explanation for the denial. Step 3: A Union/Management Committee comprised of two (2) Union Committee Representatives and the Secretary-Business Manager or its delegatehis/her designate and two (2) Employer Representatives and the Executive Health Director or designate, or one (1) Employer Representative and the Executive Health Director and designate shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three or other mutually agreed time to discuss the grievance. At this step of the grievance procedure, procedure each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, step either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionArticle 9. The Employer agrees Both Parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A Grievance means any difference arising between the parties relating to bound by the Agreement concerning its interpretation, application, administration, application or alleged violation thereof. b) Employees will have union representation in any grievance or disciplinary meeting. Representatives of the Agreement including union shall include shop xxxxxxx at the first step and may include any question as to whether a matter is arbitrableofficer of the union or shop xxxxxxx at further steps. (bc) Efforts to resolve grievances, up to but not including arbitration, shall be made on company time. The griever(s) may be present for any formal meeting throughout the grievance and arbitration procedure. Meetings will be scheduled taking into consideration operating issues and will not hamper the efficiency of the paper. d) The dismissalfollowing grievance procedure shall be observed: Step 1: An employee, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable accompanied by the employee shop xxxxxxx, shall include written censureswithin thirty (30) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the griever, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, raise the matter orally with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), ’s immediate supervisor. The supervisor shall first discuss reply to the grievance with his/her immediate supervisor or department head within seven (7) calendar days. Step 2: If the employee is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the employee, accompanied by a union representative, will within nine (9) days of the occurrence of reply at Step 1, present the grievancegrievance in writing to the Publisher. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then shall be answered in writing within seven (7) calendar days of receipt of the grievance. Step One meeting3: If the two parties are unable to agree at the second step, then the party raising the grievance shall be reduced may refer the matter, including any dispute as to writingwhether the matter is arbitrable, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet arbitration within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meetingreply in Step 3. e) In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator. If the grievance is not settled at this stepHowever, either party may refer elect to submit a grievance to an Arbitration Board of three members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within ten (10) days, notify the other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board, submit its nominee to the arbitration board. Policy grievances by the Union and Company shall be tabled at Step 2. Either party will have the right to request expedited arbitration. f) The parties shall endeavor within ten (10) days to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or a chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Ministry of Labour of Ontario may be asked to make the appointment. g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or board shall issue a decision and the decision shall be final and binding upon the parties and upon any employee and employer affected by it. In the case of an Arbitration Board, the decision of the majority is the decision of the board, but if there is no majority decision, the decision of the Chair shall govern. h) Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the Employer and the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator. i) By mutual agreement between the Employer and the Union, and in the case of an Employer or a Union grievance, or in the case of a grievance involving discharge of an employee, the processing of a grievance may begin at Step 2. j) It is intended that grievances shall be processed as quickly as possible. If the grieving party does not appeal the grievance to arbitration under Articles 7 or 8 the successive stage within twenty-one (21the specified appeal time limit, the grievance shall be deemed to be abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage. k) Time limits in this article may be extended by mutual agreement. In all cases, “days” means calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancedays.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes 36.1 An employee or group of this Agreement, employees with a grievance is defined as: shall within thirty (a30) A difference arising between calendar days after the parties relating first occurrence of the event giving rise to the interpretation, application, administrationgrievance present such grievance through the Grievance Committee in writing to the Chief, or alleged violation of in the Agreement including any question as Chief's absence, to whether a matter is arbitrablehis or her authorized representative. (b) 36.2 The dismissal, discipline Chief or suspension of an employee bound by this agreement. Disciplinary action grievable by his or her authorized representative shall present the Employer's position in writing to the employee shall include written censures, letters of reprimand, or employees and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union the Grievance Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days after receipt of such grievance. Grievances not resolved within the occurrence of Fire Department must be presented by the employee or employees through the Grievance Committee in writing to the Chief Administrative Officer within twelve (12) calendar days after the Chief has given his or her reply to such grievance. The supervisor will respond Chief Administrative Officer shall reply to the aggrieved Employee or Employees and the Grievance Committee within three working twelve (12) calendar days after receipt of discussing such grievance. The resolution of grievances settled by the grievance with procedures set forth in this paragraph shall be reduced to writing and signed by the employee. Grievance Committee and the Employer. 36.3 If the grievance is not settled at this step: Then in accordance with the foregoing procedure, the Grievance Committee may, within nine (9) calendar days after receipt of the reply of the Chief Administrative Officer submit the grievance to arbitration by serving notice in writing of such submittal upon the Chief Administrative Officer. The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after submittal of the Step One meetinggrievance to arbitration and in the event the parties are unable to agree upon an arbitrator within said seven (7) day period, either party may request the Bureau of Mediation Services of the State of Minnesota to submit a panel of five (5) arbitrators. The parties shall each have the right to alternately strike one (1) name from the panel until one name remains. If the parties are unable to agree on who shall strike the first name, the question shall be decided by a flip of the coin. The remaining person shall be the arbitrator. The arbitrator shall be notified of his/her selection by a joint letter from the parties requesting that he/she set a time and a place for a hearing on the grievance, subject to the availability of the parties. 36.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issue(s) submitted to him/her in writing by the parties, and shall have no authority to make a decision on any other issue not so submitted to him/her. More than one (1) grievance may be heard by the same arbitrator by mutual written agreement of the parties. Either party may, if it desires, submit a brief to the arbitrator setting forth its position with respect to the issue(s) involved in a grievance. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. The arbitrator shall submit his/her decision in writing to the parties and shall file a copy of such decision with the Bureau of Mediation Services of the State of Minnesota. The decision shall be based solely upon his/her interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. 36.5 The decision of the arbitrator shall be final and binding upon the parties, except that an appeal may be taken to the District Court on the grounds that the order of the arbitrator violates the provisions of Minnesota Statutes Annotated, Section 179.72, Subd. 7, or its successor, relating to the scope of such order. 36.6 The fee and expenses of the arbitrator shall be divided equally between the parties. Each party shall be responsible for compensating its own witnesses. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of such proceedings, the cost shall be shared equally. 36.7 If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Grievance Committee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the parties involved in each step. 36.8 All documents, communications, and records dealing with a grievance shall be filed separately from the personnel files of the employees involved until final discipline is imposed pursuant to Minnesota law. 36.9 Access to all information necessary to the determination and processing of a grievance shall be made available to all participants, to the extent possible under law. 36.10 If as a result of the reply of the Chief Administrative Officer’s response in Section 36.2, the grievance remains unresolved and if the grievance involves suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Section 36.3 or to another procedure such as Veterans Preference or fair employment. If appealed to any procedure other than Section 36.3, the grievance shall not be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented subject to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company arbitration procedure provided in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceSection 36.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Grievances will be processed in the purposes of this Agreement, a grievance is defined asfollowing manner and within the stated time limits: (a) A difference arising between A. The aggrieved employee or group of employees with the parties relating Union representative or a representative of the Union shall present the grievance in writing to the interpretation, application, administrationemployee’s immediate supervisor outside the bargaining unit, or alleged violation in the case of a Union grievance, shall be presented to the Chief’s office. The grievance must be so presented within fifteen (15) calendar days after occurrence of the Agreement circumstances giving rise to the grievance or fifteen (15) calendar days from when the grievant should reasonably have known of the occurrence, not including any question as to whether a matter is arbitrablethe day of occurrence. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss B. Management will answer the grievance with his/her immediate supervisor or department head in writing within seven fifteen (715) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days date of the presentation of this decisionthe grievance not including the date of the presentation. A. The Union may initiate a demand for arbitration by serving written notice to arbitrate a grievance with the City Labor Relations Department within fifteen (15) calendar days after receipt of Management’s answer to Step 1, not including the day of receipt of answer. B. In cases involving discharge or suspension, the Union may at its discretion initiate a demand for arbitration within fifteen (15) calendar days after the employee receives written notice of such disciplinary action from the City Manager, not including the day of receipt of such notice, except that in the event of the employee’s election to file an appeal of such disciplinary action with the Civil Service Board, the right of the Union to proceed to arbitration shall be and is waived. C. If a matter is advanced to arbitration, Management and the Union will arrange for a pre- arbitration conference after receiving notice that the matter is being advanced to arbitration. The Employer agrees purpose of the pre-arbitration conference shall be for exchanging evidence. Identifying witnesses, and stipulating facts. Only that their representatives evidence so exchanged may be submitted to arbitration. The parties may at the Step 3 meeting have the authority time attempt to resolve the grievancedispute. If the matter cannot be resolved, the parties shall attempt to select an arbitrator under the provisions of Section D. D. The parties agree to utilize the following persons as arbitrators and agree to alternately strike names until one name remains. Upon mutual agreement the parties may reject all of the names on the panel and select an arbitrator from a list provided by the Federal Mediation and Conciliation Service. The power of the arbitrator shall be limited to the interpretation and application of the express terms of this Agreement, and the arbitrator shall have no power to alter, add to, subtract from, or otherwise modify the terms of this Agreement as written. Decisions on grievances within the jurisdiction of the arbitrator shall be final and binding on the employee or employees, the Union, and Management. E. The fee and expenses of the arbitrator shall be paid by the Union if the grievance is denied or by the Employer if the grievance is granted, or as the arbitrator directs otherwise. Management shall, upon request, make bargaining unit members who are on duty available as witnesses. Each party shall make arrangements and pay for all the expenses of witnesses that are called by them. Each party shall fully bear its costs regarding witnesses and any other persons it requires or requests to attend the arbitration. F. It is specifically and expressly understood and agreed that submission of a grievance to arbitration constitutes a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appeal subject matter in any court or other forum. G. If proceedings involving any matter which is or might be alleged as a grievance are instituted in any administrative action before a government board or agency or in any court then such administrative or judicial procedure shall be the sole remedy, and grounds for a grievance under this Agreement shall no longer exist.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For (1) The Employer and the purposes of this Agreement, a grievance is defined asUnion recognize that grievances may arise concerning: (a) A difference arising differences between the parties relating to Parties respecting the interpretation, application, administrationoperation, or any alleged violation of the Agreement a provision of this Agreement, including any a question as to whether or not a matter is arbitrable.subject to arbitration; or (b) The the dismissal, discipline discipline, or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Agreement. (2) The procedure for resolving a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor procedure in this Article. (3) Where the Union or department head the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. (4) The time limits set out below may be altered by agreement of the parties. Step 1: Within seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the occurrence of alleged violation giving rise to the grievance. The supervisor will respond within three working days of discussing , the grievance employee shall, with or without a Union representative (at the employee. If ’s choice), discuss the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to matter with the immediate supervisor or who is excluded from the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievancebargaining unit. Within seven (7) calendar days following from the meetingdiscussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative. Step 2: If the matter is not resolved in the informal process in Step 1, the supervisor employee with the assistance of the Shop Xxxxxxx or Union Committee Member, may submit a written grievance not later than seven (7) calendar days after Step 1 is completed to the department head Executive Director of his designate setting out the nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The grievance shall be transmitted to the Employer by the Union Xxxxxxx or Union Committee Member. Receipt of Grievance by designated management representative must be confirmed by union xxxxxxx. Within seven (7) calendar days after the receipt of the written grievance, the Executive Director or his designate shall give his/her a written reply. If response to the employee and the Union representative and, if the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two responsedenied, the response will include an explanation for the denial. Step 3: The Employer and the Union Committee or its delegateStaff representative, with a xxxxxxx, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three or other mutually agreed time to discuss the grievance. At this step of the grievance procedure, procedure each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, step either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionArticle 9. The Employer agrees Both parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For Should any dispute arise between the purposes Company and the Employees or the Company and the Association as to the interpretation, application or alleged violation of any of the provisions of this Agreement, a all reasonable efforts shall be made to settle such difference without undue delay in the manner set out in this Article. Timelines within this grievance is defined as: (a) A difference arising procedure must be adhered to unless extensions are mutually agreed to between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) parties. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at considered abandoned unless the employee's option), shall first discuss parties have mutually agreed to an extension. Management and the employee are responsible to ensure that the grievance with his/her immediate supervisor or department head procedure moves forward. Should responses not occur within the timeframes, the employee and/or the Association Representative can seek assistance from the Human Resources Manager. Within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing difference, the grievance employee with or without an Association Representative shall discuss the difference with the employeeimmediate supervisor. If the grievance matter is not settled at this step: Then resolved within seven (7) calendar days of the Step One meetingdays, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented proceed to the immediate supervisor or next step. Present the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company problem in writing that on a Grievance form to the grievance will proceed to Step Three. The Company Supervisor with or without an Association Representative and Union will meet within twenty-one (21) calendar days of referral forward a copy of the grievance to Step Three to discuss the grievanceHuman Resources Manager. At this step of If the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing matter is not resolved within seven (7) calendar days of days, proceed to the meetingnext step. Present the Grievance form to the Manager with or without an Association Representative. If the grievance matter is not settled at this stepresolved in fourteen (14) calendar days, either party the employee may refer proceed to Arbitration. 1. Grievances must be submitted to the grievance to arbitration under Articles 7 or 8 Arbitrator within twenty-one fifteen (2115) calendar days of the presentation completion of this decisionStep 3 of the Grievance Procedure. 2. Each grievance will be heard by a single arbitrator. 3. The Employer agrees that their representatives at single Arbitrator will be chosen from the Step 3 meeting have following list: Xxxxx Xxxxx Xxxx Xxxxxx Xxxxx Ready Xxxxx Xxxxxx 4. The appointed Arbitrator can only apply to the authority to resolve Agreement, they cannot add/amend anything in the grievanceAgreement. 5. During Arbitration, the employee may be accompanied by and represented by an Association Representative. 6. The Company will pay the Arbitrator’s expenses. 7. The Arbitrator’s decision will be final and binding.

Appears in 2 contracts

Samples: Wage and Working Agreement, Wage and Working Agreement

GRIEVANCE PROCEDURE. For 28.1 It is mutually agreed that it is the purposes spirit and intent of this AgreementAgreement to adjust, a grievance is defined as: (a) A difference as quickly as possible, grievances arising between from the parties relating to the interpretation, application, administration, interpretation or alleged violation of the Agreement including any question as to whether a matter is arbitrablethis Agreement. (b) 28.2 The dismissal, discipline or suspension of an parties recognize that the "Canada Labour Code" provides that any employee bound by this agreementmay present their personal grievance to the employer at any time. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her Any such grievance shall be settled subject to consideration and adjustment as followsprovided in the following articles on Grievance Procedure. 28.3 In the event of a dispute between any member or members of the bargaining unit and the Company, in reference to the application, administration, interpretation or alleged Step 1: The employeegrievance shall be reduced to writing and a copy thereof delivered to the President of the Company or designee, with and the International President of the Union or without a Shop Xxxxxxx or Union Committee member designee, within ten (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (710) calendar working days of the occurrence arising of such grievance. A copy shall also be simultaneously delivered to the employee designated by the employees as their Chairman of the grievanceGrievance Committee. Step 2: The grievance shall be discussed with the President of the Company or designee and the Local Grievance Committee consisting of not more than three (3) members. The supervisor will respond Such meetings shall take place within three five (5) working days of discussing the grievance with the employeefiling of such grievance. Appropriate records of such meetings shall be kept. Step 3: If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar working days of receiving after the meeting described in Step Two response2, the Union Committee or its delegate, dispute shall notify be discussed between the President of the Company in writing and the International President or their designees for further discussion and consideration. Step 4: In the event that the grievance will proceed to Step Three. The representatives of the Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing cannot reach agreement, either party may, by registered mail within seven thirty (730) calendar days of the meetingmeeting described in Step 3 submit the dispute to binding arbitration. The parties shall, within ten (10) days of the sending of the notice requesting arbitration, select a mutually acceptable arbitrator. If the grievance parties are unable to agree on the selection of an arbitrator within these ten (10) days, the Federal Minister of Labour shall be requested to appoint the arbitrator. The cost and/or expenses of such arbitration shall be borne equally by the Company and the Union, except that no party shall be obligated to pay the cost of a stenographic transcript without express consent. The person elected/appointed in accordance with the above, must agree prior to their appointment, to render an award within thirty (30) days from the date of the last day of the hearing. 28.4 The arbitrator shall not have the power to change, modify, extend or amend the provisions of this Agreement, but shall have the power to direct, if considered proper, that any employee who has been suspended, discharged, or otherwise disciplined without just and sufficient cause, shall be reinstated with any other benefit under this agreement which may have been lost. 28.5 In dismissals and matters of general concern where time is of the essence the matter shall be discussed between the representatives of the Company and the Union, and if not settled at this stepsatisfactorily settled, either party may refer the grievance matter to arbitration under Articles 7 or 8 within twenty-one (21) calendar days as provided in Step 4 of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceArticle 28.3.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement12.1 Any complaint, a grievance is defined as: (a) A disagreement or difference arising between the parties relating to Parties which concerns the interpretation, application, administration, operation or alleged violation of the this Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has will be considered a grievance, his/her grievance shall be settled as follows: if the steps below are followed. 12.2 The employeeEmployer, with the Union or without the Employee having a Shop Xxxxxxx grievance, dispute or Union Committee member (at complaint will submit the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head same within seven (7) calendar days of the occurrence learning of the event giving rise to such grievance, dispute or complaint. The supervisor following steps will respond within three working days of discussing be observed: (a) Step 1: The Employee, with a shop xxxxxxx, will take the grievance up verbally with the employeetheir manager or designate. If no satisfactory settlement is reached, the grievance is not settled at this may, within seven (7) calendar days, be referred to the next step. (b) Step 2: Then The grieving party will submit the grievance, in writing, to the other party within seven (7) calendar days of the Step One 1 grievance meeting. The grievance will provide full particulars of the facts giving rise to the grievance, set out the provisions of the Agreement allegedly violated, and the remedy requested. Upon receipt of the written grievance, the grievance shall be reduced to writingParties will, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within within seven (7) calendar days following the meetingdays, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this stepanother time that may be mutually agreed upon in writing, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company meet and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of A decision as to the grievance procedure, each party shall provide will be rendered in writing and delivered to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing grieving party within seven (7) calendar days of the meeting. If . (c) Step 3: Failing settlement of the grievance is not settled at this stepStep 2, either the grieving party may refer will notify the grievance to arbitration under Articles 7 or 8 other party, in writing, within twenty-one fourteen (2114) calendar days of the presentation Step 2 decision that it intends to submit the matter to arbitration. 12.3 Union or Employer grievances will be initiated at Step 2 within seven (7) calendar days of this decisionthe Union or Employer, as applicable, learning of an event giving rise to such grievances. 12.4 Any grievance that is not commenced or processed through the steps in the grievance or arbitration procedure within the time specified will be deemed to be abandoned and all rights of recourse to the grievance and arbitration procedure will be at an end. The Employer agrees Parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievancespecified time limits may be extended by mutual consent in writing.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to 1. Any matter involving the interpretation, application, administration, operation or alleged violation of the Agreement this Agreement, including any question as to whether a matter is arbitrable, may be submitted to arbitration. 2. The Union shall designate a committee of three (b3) The dismissal, discipline or suspension representatives of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandits own choosing, and adverse reports the Employer will select three (3) representatives of its own choosing, to form the Grievance Committee to take up matters arising from the application of this Agreement or performance evaluationaffecting the relations of the employees and the Employer. If an employee has the Union designates employees to be on the Grievance Committee, such employees must be designated from amongst the Shop Stewards. The Parties will advise each other of the persons designated to the Grievance Committee. 3. If a difference arises which results in a grievance, his/her the employee(s) shall continue to work in accordance with the Agreement until the grievance is settled. 4. The Employer, the Union, or the employee having a grievance, dispute, or complaint will submit same within seven (7) calendar days upon becoming aware of the event giving rise to such grievance, dispute, or complaint. The following steps will be observed: Step 1: Any issue raised by the Union shall first be settled as follows: The employee, with or without a initiated by the Shop Xxxxxxx with the department supervisor. In the event a dispute or Union Committee member (at disagreement is not resolved between the employee's option), shall first discuss Shop Xxxxxxx and the grievance with his/her immediate department supervisor or department head within seven (7) calendar days of the occurrence of time it is initiated, it shall be submitted by the grievanceinitiating party to the other party. Step 2: A meeting between the Supervisor and Director, Production or their designate, the grievor and Shop Xxxxxxx(s), will be established within seven (7) days to try to resolve the issue. The supervisor will respond within three working days of discussing If no satisfactory resolution is reached, the grievance with the employee. If the grievance is not settled at this step: Then may, within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to being submitted in writing, signed by be referred to the employee next step. Step 3: A meeting between a representative(s) of the Union and a Shop Xxxxxxx or Union Committee member and shall representative(s) of the Employer will be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then held within ten (10) calendar days of receiving days, or other time that may be mutually agreed upon, to meet and discuss the Step Two responsegrievance and attempt to find a resolution. By mutual agreement, the Union Committee or its delegate, shall notify the Company in writing that parties may submit the grievance will proceed to the mediation Division of the B.C. Labour Relations Board following receipt of the reply at Step Three. The Company and Union will meet within twenty-one (21) calendar days 3 of referral the Grievance Procedure. Step 4: Failing settlement of the grievance to at Step Three to discuss 3, the grievance. At this step of the grievance procedure, each grieving party shall provide to will notify the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union party, in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this stepwriting, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees decision that their representatives at it intends to submit the Step 3 meeting have the authority matter to resolve the grievancearbitration.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For 13.01 It is agreed that any grievance or dispute arising out of the purposes interpretation or application, operation or any alleged violation thereof, of this Agreement, that may arise during the life of this Agreement, shall be promptly discussed and the parties hereto will diligently cooperate in an effort to adjust such grievances at the earliest possible time. 13.02 Any employee alleging wrongful dismissal may place his case before the Union representative and if the Union representative considers that the objection of the employee has merit, the dismissal shall become a grievance is defined as: (a) A difference arising between the parties relating and be subject to the interpretation, application, administrationgrievance procedure as established by this Agreement. 13.03 Notice in writing of any grievance or dispute must be given to the Employer, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or Union as the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meetingcase may be, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving occurrence. It is understood that grievance not filed within ten (10) days (excluding weekends or statutory holidays) of the Step Two responseemployee or Employer having knowledge of the occurrence shall be deemed abandoned. The procedure for adjusting all grievances of disputes shall be as follows: (1) By a discussion between the employee or employees concerned, Shop Xxxxxxx or Business Agent and the Employer or his or her representative or representatives. (2) In the event of failure to reach an agreement under the provision of Article 13.03 sub-section (1), the grievance or dispute shall then be discussed by the employee or employees, the representative or representatives of the Union Committee and the Employer or its delegate, shall notify the Company in writing that his or her representative or representatives. (3) Failing to reach an agreement under Article 13.03 sub-section (2) the grievance will proceed or dispute shall then be submitted to Step Threea Board of Arbitration. 13.04 In the event of an arbitration, both parties shall have the right to choose between a Single Arbitrator or a Full Arbitration Panel. The Company and Union will meet within twenty-It shall be composed of one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions representative of the Employer and one representative of the Union and these two shall then select an impartial chairman. 13.05 The decision of the Board shall be presented to final and binding and shall be retroactive from the Union in writing within seven (7) calendar days date of submission of grievance or dispute. The Board shall adopt rules and procedures which shall be binding on both parties. Each party shall pay the cost and expenses of its arbitrator but the remuneration costs and expense of the meeting. If Chairman and any expenses incurred by the grievance is not settled at this step, either party may refer Board of Arbitration shall be borne in equal shares by the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For Grievances shall be processed in the purposes of this Agreement, a grievance is defined asfollowing manner: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) Step 1. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeeunion xxxxxxx, with or without a Shop Xxxxxxx the employee, shall take up the grievance or Union Committee member (at dispute with the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven ten (710) calendar work days of the occurrence employee's knowledge of the grievanceits occurrence. The supervisor will shall then attempt to adjust the matter and shall respond to the xxxxxxx within three working days of discussing the grievance with the employeefive (5) work days. Step 2. If the grievance is not settled at this step: Then in Step 1, it shall be referred in writing to the department head or designee within seven ten (710) calendar working days of after the designated supervisor's answer in Step One meeting, 1. The department head or designee shall discuss the grievance shall be reduced to writing, signed by within ten (10) work days with the employee and the Union representative at a Shop Xxxxxxx or Union Committee member and shall be presented time mutually agreeable to the immediate supervisor or the parties. The department head by a Shop Xxxxxxx or a designee shall give written answer to the Union Committee member. The parties will meet to discuss the grievance. Within seven within (710) calendar work days following the their meeting, the supervisor or the department head shall give his/her written reply. Step 3. If the grievance is not settled at this stepin Step 2 and the Union desires to appeal, Then it shall be referred by the Union in writing to the Director of Human Resources or designee within ten (10) calendar work days after the department head or designee's answer in Step 2. A meeting between the Director of receiving the Step Two responseHuman Resources or designee, the department head or representative, the employee, and the Union Committee or its delegate, shall notify be held ten (10) work days following the Company in writing that Union request for a Step 3 meeting at a time mutually agreeable to the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievanceparties. At this step of the grievance procedure, each party shall provide to the other a statement of meeting all pertinent facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented by the Union and the Employer. The Director of Human Resources or designee shall give the Employer's written answer to the Union in writing within seven ten (710) calendar work days of the following this meeting. Step 4. Arbitration - If the grievance is not settled at this stepin Step 3, either party may and the Union wishes to refer the grievance to arbitration under Articles 7 or 8 arbitration, the Union shall inform the employer of its intent to arbitrate within twenty-one ten (2110) calendar working days after the Union's receipt of the presentation employer's written answer in Step 3. The Union and the employer will then select an arbitrator either under the alternate striking provisions of Minnesota Statutes 179A.21, Subdivision 2, or by another method mutually agreeable to the Union and the employer. (a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the contract. The arbitrator shall consider and decide only the specific issues(s) submitted in writing by the County and the employee and the Union, and shall have no authority to make a decision on any other issue not so submitted. (b) The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs, by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this decision. The Employer agrees that their representatives at Agreement and to the Step 3 meeting have facts of the authority to resolve the grievancegrievance presented.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation 7:01 Employees of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension Company who are members of an employee bound by this agreement. Disciplinary action grievable the Union shall be selected by the employee Union as Shop Xxxxxxx. The Union shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: Step One – The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance along with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the Xxxxxxx if he/she so desires, shall submit a grievance in writing and shall meet with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingSupervisor, the grievance shall be reduced to writingor his/her delegate, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meetingThe Supervisor, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other render a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union decision in writing within seven (7) calendar days of following the meetingmeeting to the Xxxxxxx, the Unit Chairperson, and the Gas Unit President. Step Two – If the grievance is not settled resolved at this step“Step One” then the Union may request in writing, either party may refer within a further ten (10) calendar days, a meeting with Company Management. The Company will arrange to meet with the grievance to arbitration under Articles 7 or 8 Union within twenty-one fourteen (2114) calendar days of the presentation Union appealing a grievance to Step 2 of the process. 7:02 A grievance shall be deemed waived unless the matter is processed by the Union to the Company within twenty (20) calendar days from the date the misunderstanding arises, as long as the employee or Union had a reasonable opportunity to learn of the infraction. (a) The Union shall have the right to initiate a group grievance (that is a grievance involving a group of employees as a result of similar circumstances) or a policy grievance (that is a grievance of a general nature with no individual remedy) by submitting and processing it in accordance with “Step Two” in Section 7:01 of this decisionArticle. (b) The Company shall have the right to initiate a grievance(s) relating to any difference in interpretation, application or administration of the Agreement, including any question whether a matter is arbitrable, or where an allegation is raised that the Agreement has been violated, under “Step Two” preceding. 7:04 In the event of a claim by an employee that he/she has been unjustly discharged, the claim in the form of a grievance may be processed at “Step Two” of the grievance procedure within seven (7) calendar days from the date that the discharge took place. The Employer agrees grievance may be settled by the parties to the Collective Agreement or failing to do so by the Arbitration Board or Sole Arbitrator by (a) confirming the Management’s decision of discharging the employee; or (b) reinstating the employee with full compensation for the lost time; or (c) any other arrangement which is agreed to by the conferring 7:05 Should the Union fail to carry on a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be deemed to be abandoned. Should the Company fail to answer a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be awarded to the grievor or grievors concerned. 7:06 Members of the Grievance Committee will not lose pay for time spent during regularly scheduled working hours attending scheduled meetings with Management Representatives except for time spent on Arbitration. 7:07 A Shop Xxxxxxx involved in processing a grievance or wishing to discuss matters involving the Collective Agreement must first obtain permission from his/her Supervisor, or his/her Delegate, before leaving work. The Supervisor or Delegate will endeavour as promptly as possible to provide a reasonable time period in order that their representatives the Shop Xxxxxxx may perform such functions. The Shop Xxxxxxx shall not suffer a loss of pay for the time so spent during the regular working hours. 7:08 Where a grievance is not settled under the preceding Sections of this Article, including the question of whether or not a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties may notify the other party in writing of its desire to submit the grievance or allegation to arbitration within thirty (30) calendar days from the date of Management’s answer at “Step Two”. 7:09 Where a difference arises between the Step 3 meeting have parties relating to the authority interpretation, application or administration of this Collective Agreement, including any question as to resolve whether a matter is 7:10 If the application of Section 7:09 results in a desire to constitute an Arbitration Board, the two (2) appointees so selected shall within five (5) days of the appointment of the second of them, appoint a third person who shall be Chairman. If the recipient of the notice fails to respond within the time limit, or if the two (2) appointees fail to agree upon a Chairman within the time limit or if the parties fail to agree on a Sole Arbitrator within the time limit, then the appointment of a Chairman or Sole Arbitrator shall be made by the Minister of Labour upon the request of either party. The Arbitration Board or Sole Arbitrator shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. In the case of a Board, the decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman shall govern. 7:11 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expense of its appointee to an Arbitration Board and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board or Sole Arbitrator. The proceedings 7:12 The Arbitration Board or Sole Arbitrator is not authorized, nor is there any jurisdiction to alter, amend, change, add to or modify any part or provision of this Collective Labour Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For 12.01 Any complaint, disagreement or difference of opinion between the purposes Employer, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Agreement, shall be considered a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrablegrievance. (b) The dismissal12.02 Any employee, discipline the Union or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Employer may present a grievance, his/her . Any grievance which is not presented within thirty (30) days following the event giving rise to such grievance shall be settled forfeited and waived. This provision shall not be used to deny any employee his or her rights under the Provincial Labour Statutes. 12.03 The Steps of the Grievance Procedure shall be as follows: : STEP I The employee, with or without a the Shop Xxxxxxx or Union Committee member (at the employee's option)Xxxxxxx, shall first discuss take his grievance up with the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievanceSupervisor. The supervisor will respond within three working days of discussing the Employer shall take up his grievance with the employee. If employee concerned who shall have the grievance is right to have the Shop Xxxxxxx present. STEP II Should a solution not settled at this step: Then within seven (7) calendar days be reached by Step I, then a Representative of the Step One meetingUnion, the grievance shall be reduced to writing, signed accompanied by the employee and a the Shop Xxxxxxx or Xxxxxxx, if the Union Committee member and wishes, shall be presented to discuss the immediate supervisor or matter with Management. If no solution is reached, then the department head by a Shop Xxxxxxx or a Union Committee membergrieving party shall submit in writing its contention on the dispute. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each other party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union reply in writing within seven (7) calendar days. Failure to respond or failing settlement of the dispute at this stage shall cause the matter to be submitted to Arbitration as set out herein. Notwithstanding the above, if an authorized Agent of the Union claims a violation of this Agreement, he may invoke the Grievance Procedure at Step II as the grieving party on behalf of the Union or on behalf of any employee or employees concerned. STEP III The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. The party receiving the notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Minister of Labour to appoint a nominee on behalf of such party. STEP IV The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Minister of Labour. 12.04 Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. 12.05 If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. 12.06 The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under 23.02 herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. 12.07 Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. 12.08 Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. The seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays. 12.09 If adverse statements are to be put into an employee's personnel file, a copy of the same will be given to the employee with a copy sent to the Union within thirty (30) days of the meeting. If event giving rise to the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceadverse statement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

GRIEVANCE PROCEDURE. For All grievances shall be handled in the purposes of this Agreement, a grievance is defined asfollowing manner: Step 1: An employee with a complaint shall discuss the matter with the Undersheriff within five (a5) A difference arising between days from the parties relating to the interpretation, application, administration, or alleged violation date of the Agreement including any question as incident which gave rise to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with If requested by the employee, he or she may have his or her President or designee present. All settlements are subject to the approval of the Sheriff before they become final. Step 2: If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingsatisfactorily resolved, the grievance it shall be reduced to writing, setting forth the facts, the specific provision or provisions of the Agreement alleged to have been violated and the relief requested, signed by the aggrieved employee and a Shop Xxxxxxx or Union Committee member and shall be the President and, within five (5) days following the verbal discussion, presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberSheriff. The parties will meet Sheriff, President or designee and the grievant, if requested by the President, shall discuss the grievance in an attempt to discuss resolve the grievance. The Sheriff shall place his or her answer on the grievance form and return it to the President within five (5) days following the meeting. Step 3a: In the event the grievance is not satisfactorily resolved at Step 2, it may be appealed by submitting a copy of the grievance to the Administration and County Services Committee of the board of Commissioners through the County Coordinator/Planner office, within five (5) days following receipt of the Sheriff’s written answer at Step 2. Within ten (10) work days after the grievance has been appealed, a meeting shall be held between representatives of the Administration and County Services Committee and the Union. Either party may have non-employee representation present, if desired. In the event the meeting cannot be held within the ten (10) work day period, it shall be scheduled for a date mutually convenient to the parties without unreasonable delay. The employer shall place their written answer on the grievance no later than seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide 3b: Prior to the other a statement request for arbitration of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this stepany unresolved grievance, either party may refer invoke a request for mediation of unresolved disputes. The party so requesting shall notify the grievance other party in writing. Upon notification, the parties shall mutually agree upon a mediator selected from Xxxxxxx or Traverse City mediation organizations. If a settlement is reached as a result of mediation, such settlement shall be committed to writing. Time limits for filing of arbitration under Articles 7 or 8 within twenty-one (21) calendar days shall be held in abeyance pending the mediation process. The parties shall equally share the cost of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancemediation service.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsA. Step 1: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days after the grievant, through the use of referral reasonable diligence, should have knowledge of the grievance event giving rise to Step Three the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to discuss resolve the grievance. At this step The grievance shall be identified as such and must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fifteen (15) calendar days of said meeting. B. Step 2: If the grievance is not resolved to the satisfaction of the grievance Association at Step 1 of this procedure, each party shall provide the Association may within fifteen (15) calendar days after the immediate supervisor's response is given or due, whichever comes first, present the grievance in writing to the Appointing Authority's Human Resources office, or other a statement of facts and copies of all relevant documentsparty as designated by the Appointing Authority to process grievances. The findings or decisions written grievance shall state the nature of the Employer grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. Within fifteen (15) calendar days after the Appointing Authority's Human Resources office, or other party as designated receives the written grievance, the Appointing Authority's representative shall arrange a meeting with the Association Representative to resolve the grievance. The Appointing Authority's representative shall respond to the grievance in writing to the Association Representative(s) and the Association within fifteen (15) calendar days of the meeting. C. Step 3: If the grievance still remains unresolved the Association may within fifteen (15) calendar days after the response of the Appointing Authority or their designee is due request arbitration of the grievance, by written notice to the State Negotiator. The arbitration proceedings shall be presented to conducted by a three member Board of Arbitration composed of one (1) representative of the Union in writing Association, one (1) representative of the Employer, and one (1) neutral member. The neutral member shall be selected by the parties within seven (7) calendar days of the meetingafter notice is given. If the grievance is not settled at this stepparties fail to agree on the neutral member within the said seven (7) day period, either party may refer request the Bureau of Mediation Services to submit a list of five (5) arbitrators. Each party shall have the right to alternately strike two (2) names from the list. If the parties fail to agree as to which party shall strike the first name, the decision shall be made by the flip of a coin. Instead of a three member Board of Arbitration, the Association and the Employer may mutually agree to submit the grievance to arbitration under Articles 7 or 8 a sole arbitrator. If the parties agree to submit the grievance to a sole arbitrator, and the parties fail to agree on the arbitrator within twenty-one seven (217) calendar days after the notice of arbitration is received, the arbitrator shall be selected in the same manner as the neutral member of the presentation Board of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceArbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a The following grievance is defined asprocedure shall apply: (aSTEP 1 If the employee(s) A difference arising between or the parties relating to Union is not satisfied with the interpretation, application, administration, or alleged violation decision of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingsupervisor, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7employee(s) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then may within ten (10) calendar days of receiving having received the Step Two responsesupervisor’s answer, present the Union Committee or its delegate, shall notify the Company grievance in writing that to the grievance will proceed to Employer’s designate at Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral 1 of the grievance to procedure. Failing satisfactory settlement within five (5) days from the date on which the grievance was submitted at Step Three to discuss the grievance. At this step 1 of the grievance procedure, each party shall provide the grievance may be submitted to Step 2. Where the step 1 grievance relates to the other outcome of a statement of facts and copies of all relevant documents. The findings or decisions of job posting process, upon request by the Union, the Employer shall be presented provide all of the records generated in the evaluation and assessment of applicants and the selection of the successful applicant, including interview questions, correct answers, notes of interviews, interview scores and recommendations of the interview panel. Except in relation to the grievor, names, contact information and other identifying information of all applicants and third parties shall be redacted, to the full extent possible, prior to provision of the information. The Union may review the information with the grievor but shall not provide the grievor or any other employee with a copy of the information. STEP 2 Within five (5) days from the expiration of the five (5) day period referred to in Step 1, the grievance may be submitted in writing either by personal service or by registered or certified mail to the Employer’s designate at Step 2 of the grievance procedure. Failing satisfactory settlement within ten (10) days from the date on which the grievance was received at Step 2, the grievance may be submitted to Step 3. The parties may agree before Step 3 of the Grievance Procedure or at any later time in the Grievance or Adjudication process under this Agreement, to refer the dispute to mediation. In the event mediation is unsuccessful the grievance or adjudication shall resume at the point in the process where the dispute was before referral to mediation. STEP 3 Within five (5) days from the expiration of the ten (10) day period referred to in Step 2, the grievance may be submitted in writing to the Deputy Head of the Department concerned accompanied by any proposed settlement of the grievance and any replies at Step 1 and Step 2. The Deputy Head shall reply to the grievance in writing within seven fifteen (715) calendar days of from the meeting. If date the grievance is not settled at this step, either party may refer the grievance was presented to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancehim.

Appears in 1 contract

Samples: Civil Service Master Agreement

GRIEVANCE PROCEDURE. For A grievance is a dispute regarding the purposes interpretation, application, operation, or alleged violation of this Agreement, or the dismissal or discipline of an employee covered by this Agreement. Should a grievance is defined asarise between the Employer and an employee covered by this Agreement the grievance will be resolved in the following manner: (a) A difference arising between Step 1 - The employee and/or the parties relating Union representative shall present the grievance in writing to the interpretationemployee’s immediate supervisor with a copy to the Labour Relations Officer within twenty-five (25) days after the date on which the grievor first became aware of any action or any lack of action by the Employer or other circumstances giving rise to the grievance. At the request of either party, application, administration, the immediate supervisor shall arrange a meeting or alleged violation of teleconference to discuss the Agreement including any question as grievance. The employee shall have the right to whether have a matter is arbitrablexxxxxxx or Union representative present at such a discussion. The immediate supervisor shall give a decision in writing to the employee and the Union within ten (10) days after the grievance meeting was held. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. Step 2 - If the grievance dispute is not settled at this step: Then within seven (7) calendar days of the Step One meeting1, the grievor and/or the Union representative shall submit the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented in writing to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give hisDistrict Executive Director/her written reply. If the grievance is not settled at this step, Then Senior Manager within ten (10) calendar days of receiving receipt by the Union of the Step Two response1 answer. At the request of either party, the District Executive Director/Senior Manager shall arrange a meeting or teleconference with the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of grievance the grievance procedure, each party employee(s) shall provide have the right to the other have a statement of facts and copies of all relevant documentsxxxxxxx or Union representative present at such a meeting. The findings or decisions of the Employer District Executive Director/Senior Manager shall be presented give a decision in writing to the Union in writing within seven ten (710) calendar days after the Step 2 grievance meeting was held. (c) Step 3 - If the grievance remains unresolved at Step 2, the matter may be submitted to Arbitration within sixty (60) days of the meeting. If date the grievance Union receives the Employer’s response at Step 2. (d) In determining the time in which any step under the foregoing proceedings is not settled at this stepto be taken, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionSaturdays, Sundays and recognized holidays shall be excluded. The Employer agrees that their representatives at time limits for the Step 3 meeting have the authority to resolve the grievanceinitial filing of grievances under Article (a) are mandatory. Other time limits established in this Article are directory.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, 1. A grievance shall be defined as a grievance is defined as: (a) A difference dispute or complaint arising between the parties relating to hereto under or out of this Agreement or the interpretation, application, administrationperformance, termination, or any alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandbreach thereof, and adverse reports or performance evaluationshall be processed and disposed of in the following manner: Step 1. If Within a reasonable time (except as provided in Article 31 [Discharge and Penalties]), an employee has Employee having a grievance, grievance and/or his/her grievance Union delegate or other representative shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance take it up with his/her immediate supervisor supervisor. The Employer shall give its answer to the Employee and/or his/her Union delegate or department head other representative within seven five (75) calendar working days after the presentation of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeein Step 1. Step 2. If the grievance is not settled at this step: Then within seven (7) calendar days of the in Step One meeting1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the employee grievant and a Shop Xxxxxxx or his/her Union Committee member representative, and shall be presented to the immediate supervisor or the grievant’s department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replydesignee. A grievance so presented in Step 2 shall be answered by the Employer in writing within five (5) working days after its presentation. Step 3. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance at this stepstep will be presented in writing to the Personnel Director or Administrator of the Employer, Then or his/her designee. A grievance meeting will be scheduled for a mutually agreeable date and time during normal business hours promptly following the receipt by either party of a written request by the other for such grievance meeting as follows: (a) for disciplinary grievances involving discharges or suspensions within fifteen (15) working days; (b) for other grievances twenty-five (25) working days. If the parties cannot agree on a date and time for a grievance meeting within this period, then each side will offer in writing three (3) dates and times (during normal business hours) from which the other side will pick one. From the two (2) dates so selected one will be chosen by the parties on alternating grievances provided such date is not more than fifteen (15) working days or twenty-five (25) working days from the date of the request for a grievance meeting depending on the type of grievance. Notwithstanding the above, each side will be entitled to one (1) adjournment of this date by written request delivered to the other party before the scheduled date, in which event a new date will be scheduled within fifteen (15) or twenty-five (25) working days of the initial scheduled date depending on the type of grievance. Selection of an adjourned date shall be according to the same procedure used to schedule the original date. The Employer shall use its best efforts to render its written decision within five (5) days after the third step grievance meeting; in no event will its written decision be rendered more than ten (10) days following such meeting. Failure of either party to appear and fully present its case at the grievance meeting on the scheduled date and time or of the Employer to render its decision within the time limit set forth above shall result in a default by such party and the grievance shall be deemed granted by the Employer, or waived by the Union as the case may be, but solely with respect to the particular grievance (i.e., the deemed grant or waiver will not bind or be a precedent in other cases). In cases involving violence, theft, patient abuse, substance abuse on premises, or serious misconduct of equivalent level, the default may be cured within ten (10) calendar days of receiving default notification (i) by either party by appearance and full presentation of its case at a third step grievance meeting, or (ii) where the Step Two responsedecision was not rendered timely, by the Employer rendering its decision. This paragraph shall not apply to a grievance arising from the issuance of disciplinary warnings where no other disciplinary action (e.g. termination or suspension, etc.) is involved. In the event that the number of grievance meetings requested is beyond the ability of the Employer to schedule within the prescribed time limits, the Union Committee or its delegateand the Employer shall attempt to resolve the problem by mutual agreement. Should they fail to reach agreement within five (5) working days, Xxxxxx X. Xxxxxxxxx shall notify resolve the Company issue of determining if there is a bona fide overload and the procedure that should apply in writing that such case. Failure on the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto (except as provided above with respect to third step grievances), and the Union may proceed to the next step. All third step decisions will be mailed to the Organizer and Area Director in care of the Union Headquarters (000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000) and a copy given to the delegate who handled the case. Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step 3 in the first instance, within the time limit specified in this Article, paragraph 1. Without waiving its statutory rights, a grievance on behalf of the Employer may be presented initially at Step 3 by notice in writing addressed to the Union in writing at its offices. 2. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays. 3. Any disposition of a grievance from which no appeal is taken within seven (7) calendar days of the meeting. If time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance is not settled at this step, either party may refer the grievance to and arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation provisions of this decisionAgreement. 4. The A grievance which affects a substantial number or class of Employees, and which the Employer agrees that their representatives representative designated in Steps 1 and 2 lacks authority to settle, may initially be presented at the Step 3 meeting have by the authority to resolve the grievanceUnion representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a Step 1. A grievance is defined as: (a) A difference arising between the parties relating must be presented in writing to the interpretation, application, administration, Human Resources Director [nurse’s immediate supervisor] or alleged violation of the Agreement including any question as to whether designee [with a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented courtesy copy to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days Manager of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet Labor Relations,] within twenty-one (21) calendar days from the [date of referral occurrence] time the employee knew or should have known of the grievance occurrence giving rise to Step Three to discuss the grievance. At this step If a nurse presents a grievance hereunder, the grievance shall include, to the best of the nurse’s understanding, a description of the problem and the contract provisions thought to be violated. A grievance procedurerelating to pay shall be timely if received by the Medical Center within twenty- one (21) calendar days after the [pay day for the period during which the grievance occurred] employee knew or should have known of the payroll error. In the event of an issue concerning a discharge, each party shall provide the issue must be presented within seven (7) calendar days following termination. The immediate supervisor’s or designee’s written reply is due within seven (7) calendar days of such presentation. A Step 1 meeting may be held within fourteen (14) calendar days following the filing of the grievance, in which case the immediate supervisor's or designee's written reply is due within seven (7) calendar days after this meeting. Step 2. If not resolved at Step 1, the issue may thereafter be presented in writing to the other a statement appropriate department/division head or his/her designee within ten (10) calendar days from receipt of facts and copies the supervisor’s reply of all relevant documentsthe date such reply was due in Step 1. The findings department/division head or decisions designee shall then meet within fourteen (14) calendar days with the nurse and a representative of the Employer Association, if the nurse so desires, to resolve the matter, and shall be presented to the Union reply in writing within seven (7) calendar days after the meeting. Step 3. If not resolved at Step 2, the grievance may thereafter be presented in writing to the Regional Vice President of Patient Care Services or his/her designee for consideration and determination within ten (10) calendar days after receipt of the department/division head’s response or if the department/division head’s response is not received within that period, within ten (10) calendar days after the expiration of time allotted in Step 2 for the department/division head’s response. The Regional Vice President of Patient Care Services or designee shall meet within fourteen (14) calendar days with the nurse and a representative of the Association to resolve the matter and shall reply in writing within ten (10) calendar days after the meeting. Step 4. If the grievance is not settled resolved at this stepStep 3, either party the Association may refer thereafter present it to an impartial arbitrator for determination by giving the grievance to arbitration under Articles 7 or 8 Medical Center written notice within twenty-one (21) calendar days after receipt of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have reply of the authority Association’s intent to resolve refer the grievancematter to arbitration.

Appears in 1 contract

Samples: Tentative Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising Should there be any disputes or differences between the parties relating to Employer and the interpretationUnion or between the Employer and any of its employees, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the such grievance shall be reduced to writing, signed by writing within five working days from the employee date of the alleged occurrence and a Shop Xxxxxxx or Union Committee member and shall be presented submitted to the other party. The following procedure shall then be used to adjust same: The Union Xxxxxxx and the grievance shall take up the complaint or grievance with the employee's immediate supervisor or the department head Director of that Department. Such effort shall be made within five (5) working days from the date the grievance is first presented. In the event no agreement is reached at the First Step, it shall be reduced to writing on a form agreed to by a Shop Xxxxxxx the parties. The Union’s full time officer or a Union Committee memberBusiness Agent shall submit the written grievance to the Borough Manager within five (5) working days after Step One response is received. The Union's full time officer or Business Agent and the Borough Manager or designee shall meet and attempt to settle the grievance. The parties will so designated shall meet and attempt to discuss adjust the grievance. Within seven grievance within five (75) calendar days following from the meeting, the supervisor or the department head shall give his/her written reply. If date the grievance is not settled presented to them. The Borough Manager or designee shall respond to the grievance in writing within five (5) working days of said meeting. In the event no agreement is reached at this stepthe Second Step within the said five (5) working days, Then the Union's full time officer or Business Agent shall submit the written grievance to the Borough Council within ten (10) calendar days of receiving the after Step Two responseresponse is received. The Borough Council or its designee shall meet and attempt to settle the grievance. The parties so designated shall meet and attempt to adjust the grievance within ten (10) days from the date the grievance is presented to them. In the event no agreement is reached at Step Three, either the Union Committee or its delegatethe Employer may, shall notify upon written notice to the Company in writing that other, appeal the grievance will proceed to arbitration within five (5) working days after the decision in Step Three. The Company and Union will meet parties shall then promptly attempt to mutually agree upon an impartial arbitrator within twenty-one five (215) calendar working days after the notice of referral of appeal to arbitration. Prior to arbitration, the grievance parties may agree to Step Three State Mediation. If the parties are unable to discuss the grievance. At this step of the grievance proceduremutually agree upon an impartial arbitrator within five (5) working days, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of then the Employer shall be presented to and the Union in writing within shall request the Penna. Bureau of Mediation to submit a panel of seven (7) calendar days names of suggested arbitrators. The parties shall then select the meeting. If impartial arbitrator from such list by each party alternately removing one name from the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-list until but one (21) calendar days of the presentation of this decisionname remains. The Employer agrees and the Union shall alternate in striking the first name from such lists during the term of this Agreement. The decision of the impartial arbitrator shall be final and binding. However, it is agreed that their representatives at the Step 3 meeting arbitrator shall be bound by the terms of this Agreement and shall have no authority whatsoever to modify the authority terms of this Agreement. The expense of the impartial arbitrator selected, the hearing room, and of the transcript of the testimony if parties mutually agree upon having the testimony of the hearing transcribed, shall be borne equally by the Employer and the Union. The fees paid to resolve the grievancearbitrator shall be based on the schedule established by the Penna. Bureau of Mediation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Step One: In the purposes event that a written grievance is submitted arising out of the operation of this Agreement, a grievance is defined as: (a) A difference arising between except in the parties relating to the interpretationcases of discharge or suspension, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandcontinue to work as per the conditions existing prior to the time that the grievance arose, and adverse reports or performance evaluation. If an employee has a grievance, his/her any formal meetings to discuss the grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or held in the presence of the shop xxxxxxx. If there is no satisfactory resolution at first step then the Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head may within seven (7) calendar days of days, advise the occurrence of department supervisor that the employee intends to proceed with the grievance. The supervisor department superintendent and Area Vice President will respond within three working then have fourteen (14) days from the date of discussing notification Step Three: Step Four: Step Five: to deal with, and answer the grievance with the employeegrievance. Grievances other than those of individual employees may be initiated at Step Two by either party. If the grievance there is not settled no satisfactory resolution at this step: Then second step then either party may, within seven (7) calendar days days, refer the question to the Standing Committees by advising the chairmen of the Step One meeting, Standing Committees of the grievance shall be reduced intention to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss proceedwith the grievance. Within seven The Standing Committees will then have thirty (730) calendar days following the meetingto deal with, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss answer the grievance. At this If there is no satisfactory resolution at third step of then the grievance procedurequestion may, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days upon written request of either Standing Committee be referred to the President of the meetingLocal and the Mill Manager who will then have thirty (30) days to deal with, and answer the grievance. Either party may elect to involve outside help at this step such as a regional Union representative and/or a Management representative from outside Specialties. If there is no satisfactory resolution at fourth step then the matter may, within thirty (30) days, be referredto an Arbitrator. The time periods may be extended by mutual agreement by Management and the Local Union. Where a grievance is not settled at this steparising from the discharge of an employee progresses to arbitration, either party may refer elect, in writing, to utilize the grievance procedure outlined in Section below as an alternative to the arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.procedure set out in Section

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: Step 1: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's ’s option), shall first discuss the grievance matter with his/her immediate supervisor or department head within seven (7) calendar days after the date on which he/she become aware of the occurrence of action or circumstances giving rise to the grievance. The supervisor will respond within three working as soon as practical, but no later than seven (7) calendar days of after discussing the grievance with the employeegrievance. If the grievance is not settled at this step: Then , then within seven (7) calendar days of the to bring it forward to step two; Step One meeting, the 2: The grievance shall be reduced to writingwriting by: (1) Recording the grievance on the appropriate form, setting out the nature of the grievance and the circumstances from which it arose: (2) Stating the article or articles of the Agreement infringed upon or alleged to have been violated and the remedy or correction required: (3) The grievance shall be signed by the employee and a Shop Xxxxxxx or Union Committee member member. (4) The Supervisor shall acknowledge receipt of the written grievance by signing and shall be presented to dating the immediate supervisor or grievance form at the department head by a Shop Xxxxxxx or a Union Committee member. time the grievance is presented: and (5) The parties will meet to discuss the grievance. grievance to discuss within seven (7) calendar days of its filing. (6) Within seven (7) calendar days following of receipt of the meetingwritten grievance, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then then within ten seven (107) calendar days of receiving either part may refer the grievance to step 3. Step Two response3: Following this referral, the Union Committee or its delegate, and the Employer committees shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievancegrievance within fourteen (14) days or other mutually agreeable time. At this step of the grievance procedure, procedure each party shall provide to the other with a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to and the Union in writing within seven (7) calendar days of agree that their representatives at the meetingmeeting have the authority to resolve the grievance. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 Arbitration within twenty-twenty one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancedays.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A SECTION 1. Grievance means any difference arising between the parties relating to or dispute concerning the interpretation, application, administration, or alleged violation of this Agreement, whether between the Agreement including Association/Company and any question as to whether a matter is arbitrablecovered Agents and/or PR Reps, or between the Association/Company and the Union. (b) The dismissal, discipline SECTION 2. Grievances or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance complaints shall be settled as follows: The employeein the following manner: a. If any Agents and/or PR Reps have a complaint against the Association/ Company, with or without a Shop Xxxxxxx or Agent/PR Rep/Union Committee member (at the employee's option), Representative shall first discuss the complaint with the other party in an attempt to resolve before proceeding to grievance. If not resolved, it shall be referred to as a grievance and the procedure for settlement shall commence with hisStep 1. b. Provide a grievance meeting Union/her immediate supervisor or department head within seven (7) calendar days Association/Company at each step of the occurrence grievance procedure. A CEP representative will assist in the second step of the grievanceprocedure. c. If the Association/Company or the Union has a complaint, it shall be referred to as a dispute, and the procedure for settlement shall commence with Step 2. STEP 1. The supervisor will respond within three working days of discussing Local Union Representative takes up the grievance with the employeeAssociation/Company involved. If there is no settlement within 10 working days, the Union may proceed to Step 2. STEP 2. If the grievance is not settled resolved at this step: Then Step 1, it shall be referred to the Union and the Association/Company within seven (7) calendar 10 working days of the decision rendered at Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member1. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then Failing settlement within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step10 working days, either party may refer the matter to arbitration. d. In the event the grievance to arbitration under Articles 7 is initiated by the Association/Company or 8 the Union, the initiating party shall notify the other, in writing, of the nature of the dispute within twenty-one (21) calendar 10 working days of the presentation circumstances. Failing settlement within 10 working days of this decisionreceipt of notice, either party may refer the dispute to arbitration. SECTION 3. The Employer agrees that their representatives at All grievance settlements will be sent to CEP Local 247 payable to the Step 3 meeting have the authority to resolve the grievancemember.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 27.1 To promote better relations, the purposes parties agree to settle any disputes as to meaning, interpretation, or application of this Agreement as follows: A. Step 1: Presentation of a dispute to the Association - Any employee with a dispute must first present the facts of the dispute to the Executive Board of the Association for review and recommendations by the Association’s attorney. If the Executive Board votes to withhold support for the grievance the employee may appeal to the general membership of the Association. If the general membership votes to withhold support for the grievance the Association shall inform the employee and the Fire Chief in writing that the employee is preceding without the support of the Association. B. Step 2: Dispute resolution - The employee and/or the Association shall attempt to resolve the dispute informally in a meeting with the Deputy Fire Chief or, in the absence of the Deputy Fire Chief, their designee. Failure of the Deputy Fire Chief or designee to schedule such a meeting in a timely manner will constitute a failure to resolve the dispute informally. C. Step 3: Filing a grievance with the Deputy Fire Chief - If the dispute is not resolved informally any employee or the Association may claim a grievance with the Deputy Fire Chief. The grievance shall be in writing and filed within thirty (30) calendar days from the occurrence thereof or the employee’s knowledge thereof. The grievance shall contain the following information: 1. A statement of the grievance and relevant facts upon which it is based; 2. The provision of the agreement violated; 3. The remedy being sought by the grievant to resolve the dispute. The Deputy Fire Chief shall respond to the grievance in writing within 14 calendar days with a copy to the Association and/or Grievant. D. Step 4: Filing a grievance with the Fire Chief- If the employee or the Association believes that the grievance shall still be adjusted; they will submit the grievance in writing to the Fire Chief within seven calendar days of the receipt of the Deputy Fire Chief’s response. The notice of grievance shall include the information stipulated in step three. The Fire Chief shall respond to the grievance in writing within 14 calendar days with a copy to the Association and/or Grievant. E. Step 5: Arbitration - Upon receipt of the Fire Chief’s response to the grievance the Association shall have seven calendar days to request that the grievance be submitted to an arbitrator. The grievance shall be submitted to an arbitrator within seven calendar days. If the parties cannot agree on an arbitrator within seven calendar days of submitting the grievance to arbitration the arbitrator shall be chosen in the following manner. 1. A list of five members of the State Conciliation Service shall be requested and the parties shall alternately strike one name from the list, until only one name is left. The order of striking names shall be determine by lot. 2. The arbitrator shall hold a hearing and issue a decision within 30 calendar days. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on issues submitted including remedial action to be taken. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated, the arbitrator shall have no authority to alter, modify, vacate, or amend any terms of this Agreement, a grievance or to decide any condition which is defined as: (a) A difference arising between not specifically treated in this Agreement. • Insofar as the parties relating to the interpretation, application, administration, or alleged violation decision of the Agreement including any question arbitrator is within the scope of the arbitrator's authority, as to whether a matter described above, and is arbitrablebased on substantial evidence, the arbitrator's decision shall be final and binding on both parties. (b) 3. The dismissal, discipline or suspension costs of an employee bound by this agreement. Disciplinary action grievable the arbitrator shall be borne equally by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluationparties. If an employee has a grievance, his/her grievance Each party shall be settled responsible for costs of presenting its own case to arbitration. 4. Both parties shall in good faith disclose any information, material or testimony of witnesses as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss early as possible in the grievance with his/her immediate supervisor or department head within seven (7) calendar days procedure in order to encourage early settlement of contract disputes. 27.2 Any time limits specified in the grievance procedure may be waived by mutual consent of the occurrence of the grievanceparties. The supervisor will respond within three working days of discussing Failure to submit the grievance in accordance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance these time limits without such waiver shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral constitute an abandonment of the grievance by the Association. Failure on the part of the District to Step Three to discuss the grievance. At this step meet these time limits shall constitute resolution of the grievance procedure, each party shall provide to be made in favor of the other a statement of facts and copies of all relevant documentsAssociation. The findings District shall not be precluded from arbitrating the sole issue of an appropriate remedy if the remedy requested by the Association is determined to be frivolous given the disputed issue. A grievance may be terminated at any time upon receipt of a signed statement from the Association that the matter has been resolved. 27.3 All probationary and regular employees whose employment is governed by the terms of a current collective bargaining agreement and who want to appeal demotion, reduction in pay, suspension without pay or decisions of discharge decision must use the Employer shall be presented to grievance and arbitration procedure in their collective bargaining agreement. Such employees do not have appeal rights under the Union Civil Service rules unless they waive, in writing within seven (7) calendar days and in a timely manner, all rights granted to them to appeal such a decision under the current collective bargaining agreement including approval of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesuch waiver by an authorized bargaining unit representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 10.01 An employee with the purposes assistance of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her Committeeperson, having a grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first will discuss the grievance matter with his/her immediate supervisor, and the supervisor will give an answer to the employee. Should the matter be unresolved following such discussion, it will be dealt with as speedily and effectively as possible in accordance with the following procedure: a) Step 1 The employee will state the grievance in writing on employee grievance forms to be supplied by the Company, and must normally sign the grievance, provided that it will be optional for the Company to decline to consider any grievance, the alleged circumstances of which originated or department head within occurred more than seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three regular working days prior to its presentation. In the case of discussing disputed standards, the grievance with the employee. If the grievance is not settled at this step: Then within time will be extended from seven (7) calendar to ten (10) regular working days from the date the product is first run after issuing of the Step One meetingstandard. Any employee having a grievance dealing with a matter covered by this Agreement will, with assistance and signature of his/her Committeeperson, submit the matter in writing to his/her supervisor, who will return written disposition of the grievance to the Committeeperson not later than two (2) regular working days after receiving it. In disputes regarding standards, the Company will answer the grievance shall be reduced no later than five (5) regular working days following receipt of the grievance; and during this time, both the Union time study representative and the Company will have an opportunity to writing, signed by fully examine and study the disputed standards. b) Step 2 If the decision of the supervisor is not satisfactory to the employee concerned the grievance will be placed upon the agenda for consideration at the next regular conference between the Company and a Shop Xxxxxxx the Union at the next Master Committee or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberLocal Agenda meeting. The parties Company (or in the case of a Company grievance, the Union), will meet give its written decision on the grievance within five (5) regular working days following such Local Agenda meeting or Master-level conference, and the matter may be referred thereafter to discuss arbitration by either party notifying the grievance. Within seven other party in writing of their desire to proceed to arbitration no later than forty- five (745) calendar days following receipt of the meeting, answer given following the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify meeting between the Company in writing that and the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. Step One If an employee has a grievancegrievance that has not been settled informally, his/her the matter shall be reduced to writing indicating the employee's understanding of the dispute and of the provisions of the Agreement that have allegedly been violated. The grievance shall be settled as follows: The employeepresented to the immediate supervisor, with a good faith effort to copy Human Resources, within fourteen (14) calendar days from when the employee became aware or without a Shop Xxxxxxx or Union Committee member (reasonably should have been aware of the event constituting the grievance. The immediate supervisor shall meet with the grievant and, at the employeegrievant's option), shall first discuss Step Two If the grievance is not settled in Step One, it may be appealed in writing by the grievant, or with his/her immediate supervisor the grievant's concurrence by the Association, to the Nurse Executive within seven (7) calendar days from receipt of the written decision referred to in Step One. The Nurse Executive or department head designee shall meet with the Association Representative and the grievant within seven (7) days of the receipt of the appeal and together they shall attempt to resolve the grievance. The Nurse Executive or designee shall give a written decision to the grievant, with a copy to the Association, within five (5) calendar days after the meeting. If the parties are unable to resolve the grievance within three (3) calendar days following receipt by the Association of the written decision, the decision may be appealed in writing by the grievant or the Association to the Hospital CEO within seven (7) calendar days thereafter. Step Three The Hospital CEO shall meet with the grievant and the Association Representative within seven (7) calendar days of the occurrence receipt of the grievanceappeal. The supervisor will respond within three working days of discussing Hospital CEO shall also review the grievance case with the employeeUnit manager/Nurse Executive. If The Hospital CEO or designee shall give a written decision to the grievance is not settled at this step: Then grievant and the Association Representative within seven (7) calendar days after the meeting. The Association shall have fifteen (15) calendar days from receipt of the written decision to refer the decision to step four. Step Four The System CEO/President or designee shall meet with the grievant and the Association Representative within seven (7) calendar days of the Step One meeting, receipt of the grievance appeal. The System CEO/President shall be reduced to writing, signed by also review the employee and case with the Unit manager/Nurse Executive. The System CEO/President or designee shall give a Shop Xxxxxxx or Union Committee member and shall be presented written decision to the immediate supervisor or grievant and the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing Association Representative within seven (7) calendar days of after the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one The Association shall have fifteen (2115) calendar days from receipt of the presentation of this decision. The Employer agrees that their representatives at written decision to refer the Step 3 meeting have the authority decision to resolve the grievanceArbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, 1. A grievance shall be defined as a grievance is defined as: (a) A difference dispute or complaint arising between the parties relating to hereto under or out of this Agreement or the interpretation, applicationappli- cation, administrationperformance, termination, or any alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandbreach thereof, and adverse reports or performance evaluationshall be processed and disposed of in the following manner; Step 1. If Within a reasonable time (except as provided in Article XXIX), an employee has Employee having a grievance, grievance and/or his/her grievance Union dele- gate or other representative shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance take it up with his/her immediate supervisor su- pervisor. The Employer shall give its answer to the Employee and/or his/her Union delegate or department head other representative within seven five (75) calendar working days after the presentation of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeein Step 1. Step 2. If the grievance is not settled at this step: Then within seven (7) calendar days of the in Step One meeting1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the employee grievant and a Shop Xxxxxxx or his/her Union Committee member representative, and shall be presented to the immediate supervisor or the grievant’s department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replydesignee. A grievance so presented in Step 2 shall be answered by the Employer in writing within five (5) working days after its presentation. Step 3. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance at this stepstep will be presented in writing to the Personnel Director or Administrator of the Employer, Then or his/her des- ignee. A grievance meeting will be scheduled for a mutually agreeable date and time during normal business hours promptly following the receipt by either party of a written request by the other for such griev- ance meeting as follows: (a) for disciplinary grievances involving discharges or suspen- sions within ten fifteen (1015) calendar days working days; (b) for other grievances twen- ty-five (25) working days. If the parties cannot agree on a date and time for a grievance meeting within this period, then each side will offer in writing three ciplinary action (e.g. termination or suspension, etc.) is involved. In the event that the number of receiving grievance meetings requested is beyond the Step Two responseability of the Employer to schedule within the prescribed time limits, the Union Committee or its delegateand the Employer shall attempt to resolve the problem by mutual agreement. Should they fail to reach agreement within five (5) working days, Xxxxxx X. Xxxxxxxxx shall notify resolve the Company issue of determining if there is a bona fide overload and the procedure that should apply in writing that the grievance will proceed to Step Threesuch case. The Company above time limits and Union will meet within twenty-one (21) calendar days of referral of sanctions shall apply to grievances pre- sented at Step 3 on or after April 16, 1993. Failure on the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto (except as provided above with respect to third step grievances), and the Union may pro- ceed to the next step. All third step decisions will be mailed to the Organizer and Area Director in care of the Union Headquarters (498 Seventh Avenue, New York, NY 10018) and a copy given to the delegate who handled the case. Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step 3 in the first instance, within the time limit specified in this Ar- ticle XXXI, paragraph 1. Without waiving its statutory rights, a grievance on behalf of the Employer may be presented initially at Step 3 by notice in writing ad- dressed to the Union in writing at its offices. 2. All time limits herein specified shall be deemed to be exclusive of Satur- days, Sundays and holidays. 3. Any disposition of a grievance from which no appeal is taken within seven (7) calendar days of the meeting. If time limits specified herein shall be deemed resolved and shall not there- after be considered subject to the grievance is not settled at this step, either party may refer the grievance to and arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation provisions of this decisionAgreement. 4. The A grievance which affects a substantial number or class of Employees, and which the Employer agrees that their representatives representative designated in Steps 1 and 2 lacks au- thority to settle, may initially be presented at the Step 3 meeting have by the authority to resolve the grievanceUnion representa- tive.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For The Company agrees that the purposes full-time and part-time employees covered by this Collective Agreement have the right to representation by a Grievance Committee of not than two (2) members as may be appointed by the Union. This committee shall have the right to confer with the Company on any grievance having to do with the interpretation, application or alleged violation of this Agreement. No individual member of group of employees shall undertake to represent the Local Union at meetings with Management without proper authorization form the Local Union. There shall be an xxxxxxx effort by both parties to settle all grievances and disputes without undue the procedure which shall govern the handling of such grievances and disputes between the Company and the Union shall be as follows: Step One: Any employee subject to this Collective Agreement believing has been unjustly with or that any of the provisions of this Agreement have not been complied with shall, within seven (7)working days, with a union xxxxxxx, take up the grievance verbally with immediate supervisor in an effort to effect a settlement. Ifthe employee does not receive a satisfactory settlement, the Grievance Committee present the grievance in writing to the employee's immediate supervisor within two (2) working days. At such meetings of the Union shall be present if they so desire. Step TWO: The grievance shall then be discussed with the owner or his designate and the employee's immediate supervisor, the employee concerned, the Grievance Committee and the National Representative if requested by either party. If the grievance is defined asnot settled it be referred to Step No. within two (2) working days. Step Three: A final meeting to attempt settlement to resolve the grievance shall then take place between the committee, the employee concerned, the owner or his designate and a National Representative of the Union, who may be called in at the request of either party. In the event a representative is called in, the owner or his designate may request the presence of an outside representative as well. grievance is not then settled, either party may refer the grievance to arbitration within a period of seven (a7) working days, following receipt of the answer from the Company following the Step which be given to the Area of the Union in writing. A complaint or grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated under Step No. Arbitration: Any difference arising directly between the parties relating to the interpretation, applicationapplication or administration of this Agreement, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrablearbitrable may be submitted to arbitration. (ba) The dismissalWhen either party requests that a grievance be submitted to arbitration they shall make such in writing, discipline or suspension of an employee bound by addressed to the other party to this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandAgreement, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option)same time nominate three (3) arbitrators, shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting7)days thereafter, the supervisor or the department head other party shall give his/her written replynominate three (3) arbitrators. If none of the grievance suggested arbitrators is not settled at this step, Then within ten (10) calendar days suitable to both parties then the Minister of receiving Labour for the Step Two response, the Union Committee or its delegate, Province of Ontario shall notify the Company in writing that the grievance will proceed be requested to Step Threeappoint one. The Company and the Union will meet within twenty-one (21) calendar days of referral agree to equally share the expenses of the grievance arbitrator. No matter may be submitted to Step Three to discuss the grievance. At this step arbitration, which has not been properly carried through all previous steps of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer arbitrator shall be presented to final and binding upon the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Any grievance arising under the purposes terms of this Agreement, a grievance is defined asContract or an alleged violation thereof will be handled in the following manner: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreementStep 1. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without who may be accompanied at his discretion by a Shop Xxxxxxx or Union Committee member (at the employee's option)Xxxxxxx, shall will first discuss take up the grievance with his/her immediate supervisor the Security Force Operations Officer or department head designee. Any grievance not presented within seven (7) calendar working days after the action of the occurrence Company giving rise to the grievance will not thereafter be considered. Upon receipt of the first-step grievance, the Security Force Operations Officer or designee will be allowed a maximum of five (5) working days to resolve the grievance. The supervisor will respond within three Any such first-step grievance not answered by the Security Force Operations Officer or designee, at the end of five (5) working days of discussing following its filing at the first-step will be considered denied and the Xxxxxxx may thereafter refer the grievance to Step 2. Step 2. If processed to this step, the grievance will be reduced to writing on a form mutually agreeable to the Company and the Union and submitted by the Union to the Security Forces Chief, or designee, who will hold a hearing within five (5) days after receipt of the form with the employeeaggrieved employee or employees and the Business Agent. An answer will be given in writing to the Union within five (5) days after the hearing. Failing satisfactory adjustment, the matter may be referred to Step 3. In order to expedite the procedure, grievances settled in the first step or second step of the grievance procedure will not be held as establishing precedent for future grievances. Step 3. If processed to this step, the grievance will be referred to the Project Manager or designee for a final hearing and possible settlement by designated Company representatives and the Union grievance committee. A hearing will be held within seven (7) days after requested. An answer will be given in writing addressed to the Business Agent within fifteen (15) days after the hearing. Step 4. If the grievance is not settled at this step: Then in Step 3, within seven (7) calendar days working days, the parties may mutually agree to submit the grievance to non-binding mediation. The selection of the Step One meetingmediator will also be by mutual agreement. The mediator assigned will not have the authority to alter, vary or add to the terms of this Agreement. If settlement is not reached the grievance shall may be reduced referred to writing, signed by arbitration in accordance with Section 5 of this Article. Time limits set forth in this Article will be considered mutually extended while utilizing mediation. During the employee and a Shop Xxxxxxx or Union Committee member and shall period of time that the grievance is in mediation there will be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberno liability accumulation against either party. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. Example: If the grievance is not settled at this step, Then within ten (10) calendar days referred to mediation on June 01 and remains in mediation until July 01 during that period of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance time there will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve no liability associated with the grievance.)

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Any grievance arising under the purposes terms of this Agreementcontract or an alleged violation thereof shall be handled in the following manner: Step 1. An employee or group of employees, having a grievance shall first take the matter up with the Chief Xxxxxxx, who shall attempt to adjust the matter with the First Line Supervisor or designated representative in the section where the alleged violation occurred. Unless settlement is defined as:reached within three (3) working days, the grievance may be carried to Step 2. (a) A difference arising between Step 2. If processed to this step, the parties relating issue will be reduced to writing on a form mutually agreeable to the interpretation, application, administration, Company and the Union and submitted by the Union to the Manager or alleged violation his designated representative who will hold a hearing within five (5) working days after receipt of the Agreement including any question as form, with a Union committee consisting of the Chief Xxxxxxx, one (1) employee, and one (1) member of the permanent grievance committee. If a Labor Relations representative is to whether be present at the hearing, the Union will be represented by a principal officer of the Council. An answer will be given in writing to the Union with a copy to the Chief Xxxxxxx within five (5) working days after the hearing. Failing satisfactory adjustment, the matter is arbitrablewill be referred to Step 3. (b) The dismissalStep 3. If processed to this step, discipline the written grievance will be referred to the Project Manager or suspension of an employee bound by this agreement. Disciplinary action grievable designee for final hearing and possible settlement by the employee shall include written censuresdesignated Company representatives and the Union grievance committee. Third step grievance will be held on a mutually agreeable date(s) each month, letters which is established in advance. An answer will be given in writing addressed to the Secretary of reprimand, and adverse reports or performance evaluation. If an employee has the Council with a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop copy to the Chief Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing after the grievance with the employeehearing. If the grievance no agreement is not settled at this step: Then within seven (7) calendar days of the Step One meetingreached, the grievance shall matter may be reduced referred to writingmediation in accordance with Article IV. In order to expedite the procedure, signed by grievances settled in the employee and a Shop Xxxxxxx first step or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this second step of the grievance procedure, each party procedure will not be held as establishing precedent for future grievances. It is understood that the provisions of the Labor-Management Relations Act shall provide be applicable to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the above described grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceprocedure.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Any dispute between the purposes city and any employee covered by this agreement concerning the interpretation, application, claim of breach or violation of the express terms of this Agreementagreement shall be deemed a grievance. A grievance shall be processed in accordance with the following procedures: 1. Step 1 The employee shall discuss the grievance on an informal basis with the supervisor within fourteen (14) calendar days from the date the employee knows or should have known of the alleged violation. The employee may have an association representative assist in presenting their case to the supervisor. If the grievance is not resolved within fourteen (14) calendar days by discussion with the supervisor, then the employee may submit a grievance is defined asin writing to the supervisor within fourteen (14) calendar days. This written grievance shall contain at least the following: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation The name and position of the Agreement including any question as to whether a matter is arbitrableemployee filing the grievance. (b) The dismissal, discipline or suspension date of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandcircumstances giving rise to the grievance, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the date of the employee's option), shall first discuss knowledge thereof if later. (c) A clear and concise statement of the grievance with his/her immediate supervisor or department head within seven (7) calendar days including the relevant facts necessary to a full understanding of the occurrence employee's position. (d) The specific provision or provisions of this contract allegedly violated by the city. (e) The remedy or relief sought by the employee. (f) The name of the employee or the authorized association representative filing the grievance. The immediate supervisor will shall respond in writing within three working fourteen (14) calendar days from receipt of discussing the grievance with the employeewritten grievance. 2. Step 2 If the grievance is not settled at this step: Then unresolved after Step 1, the association shall, within seven fourteen (714) calendar days of from the time the employee receives the written answer in Step One meeting1, submit the grievance in writing to the Police Chief. Within fourteen (14) calendar days the Chief shall be reduced to writing, signed by call a meeting with the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet association representative to discuss the grievance. This meeting may be waived by mutual consent of both parties. Within seven fourteen (714) calendar days following after the meeting, the supervisor or Chief shall submit a written decision to the department head shall give his/her written replyemployee and the association. 3. Step 3 If the grievance is not settled at this stepremains unresolved after Step 2, Then the association shall within ten fourteen (1014) calendar days of receiving the written answer in Step Two response2, submit the grievance in writing to the City Manager. Within fourteen (14) calendar days, the Union Committee City Manager or its delegate, designee shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral call a meeting of the grievance to Step Three parties to discuss the grievance. At this step The City Manager shall give a written answer within fourteen (14) days from the date of the meeting. 4. Step 4 If the grievance procedureremains unresolved after Step 3, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing association shall, within seven fourteen (714) calendar days of receiving the meeting. If written answer in Step 3, notify the grievance is not settled at this step, either party may refer the grievance to City Manager that arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancewill be invoked.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Step One In the purposes event that a written grievance is submitted arising out of the operation of this Agreement, a grievance is defined as: (a) A difference arising between except in the parties relating to the interpretationcases of discharge or suspension, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimandcontinue to work as per the conditions existing prior to the time that the grievance arose, and adverse reports or performance evaluation. If an employee has a grievance, his/her any formal meetings to discuss the grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or held in the presence of the shop xxxxxxx. Step Two If there is no satisfactory resolution at first step then the Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head may within seven (7) calendar days of days, advise the occurrence of department supervisor that the employee intends to proceed with the grievance. The supervisor department superintendent and Area Vice President will respond within three working then have fourteen (14) days from the date of discussing notification to deal with, and answer the grievance with the employeegrievance. Grievances other than those of individual employees may be initiated at Step Two by either party. Step Three If the grievance there is not settled no satisfactory resolution at this step: Then second step then either party may, within seven (7) calendar days days, refer the question to the Standing Committees by advising chairmen of the Step One meeting, Standing Committees of the grievance shall be reduced intention to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss proceed with the grievance. Within seven The Standing Com- mittees will then have thirty (7) calendar days following the meeting30)days to deal with, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss answer the grievance. At this Step Four Step Five If there is no satisfactory resolution at third step of then the grievance procedurequestion may, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days upon written request of either Standing Committee be referred to the President of the meetingLocal and the Mill Manager who will then have thirty (30) days to deal with, and answer the grievance. Either party may elect to involve outside help at this step such as a regional Union representative and/or a Management representative from outside Specialties. If there is no satisfactory resolution at fourth step then the matter may, within thirty (30) days, be referred to an Arbitrator. The time periods may be extended by mutual agreement by Management and the Local Union. Where a grievance is not settled at this steparising from the discharge of an employee progresses to arbitration, either party may refer elect, in writing, to utilize the grievance procedure outlined in Section below as an alternative to the arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.procedure set out in Section

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. For 7.1: Should a difference arise between the purposes City and the Association or any of the employees covered by this Agreement as to the meaning, application or enforcement of this AgreementAgreement and/or the Rules, a grievance is defined as: (a) A difference arising between Regulations and Personnel Manual Procedures for the parties relating to the interpretationDepartment, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance it shall be settled as followsin accordance with the grievance procedure set forth below: 7.2: The employee, with or without Step 1. Any employee who has a Shop Xxxxxxx or Union Committee member (at the employee's option), grievance concerning his terms and conditions of employment shall first discuss take up the grievance matter with his/her immediate supervisor or department head within seven (7) calendar days the Deputy Chief of the occurrence of Department and Association representative, if the grievance. The supervisor will respond within three working days of discussing employee desires to have the grievance with the employeeAssociation representative present in such meeting. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingshift, the grievance shall be reduced to writing, writing and signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee membergrievant. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the Any grievance is not settled at this step, Then submitted within ten (10) calendar days of receiving its occurrence shall be considered automatically closed. 7.3: Step 2. In the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that event the grievance will proceed to is not settled in Step Three. The Company 1, a meeting shall be held between the representative and Union will meet the Police Chief within twenty-one ten (2110) calendar days of referral after submission of the grievance to in writing at Step Three to discuss the grievance1. At this step The decision of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer Police Chief shall be presented to the Union given in writing within seven ten (710) calendar days of the end of the meeting. 7.4: Step 3(a). If the Association is not satisfied with the decision at Step 2, the Association, through its representative, shall within ten (10) calendar days after the date of the Police Chief's answer at Step 2, submit the grievance in writing to the City Manager. The Association shall submit its statement of position and all relevant information with such notice. If the grievance is not settled at this stepsubmitted within ten (10) calendar days, either party may refer it will be considered closed on the grievance to arbitration under Articles 7 or 8 basis of the last disposition. 7.5: Step 3(b). The City Manager shall meet with the Association Committee and the grievant within twenty-one ten (2110) calendar days of the presentation submission of this decisionthe grievance in writing to the City Manager. The Employer agrees that their Each may have outside representatives at such meeting or at the Step 3 meeting have 2 meeting, with advance notice of not less than twenty- four (24) hours to the authority to resolve the grievanceother.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Section 1. It is mutually understood that the purposes prompt presentation, adjustment and/or answering of grievances is desirable in the interest of sound relations between the employees and the Employer. Section 2. A grievance is a dispute or difference between the Employer and the Union, or between the Employer and an employee, concerning the interpretation and/or application of and/or compliance with any provision of this AgreementAgreement including all disciplinary action. A grievance may be initiated at the step in which the grievance originated. When any such grievance arises, a grievance is defined asthe following procedure shall be observed: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsStep 1: The employee, with or without a Shop Xxxxxxx or Union Committee member (at employee and the employee's option), immediate supervisor shall first discuss meet to attempt to work out the grievance on an informal basis. Step 2: If the grievance is not resolved under the informal method set forth in Step 1, a written grievance must be filed with his/her the immediate supervisor or department head within seven (7) calendar days of the occurrence alleged violation of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievanceAgreement. Within seven (7) calendar days following after the filing of the grievance, a meeting will be held among the appropriate management representative, the aggrieved employee(s), and if the employee(s) so elect(s), a representative of the Union. Within seven (7) days of this meeting, the supervisor or management representative shall issue a written answer to the department head shall give his/her written reply. grievance. Step 3: If the grievance is not satisfactorily settled at this stepin Step 2, Then the employee and/or the Union may appeal the Step 2 answer to the Chief of Police or his designated representative within seven (7) days after receipt of the Step 2 response. Such appeal shall be in writing and include a copy of the original grievance, and shall specify the reason why the grievant believes the Step 2 decision is in error. The Chief of Police or his designated representative shall schedule a grievance meeting with the employee(s) and if the employee(s) so elect(s), a representative of the Union, within seven (7) days after receipt of the appeal and shall issue a written decision to the aggrieved member within seven (7) days after the end of the meeting. Step 4: If the grievance is not satisfactorily settled in Step 3, the aggrieved member and/or the Union may file an appeal with the Mayor of the City or the Mayor's designated representative within seven (7) days after the receipt of the Step 3 decision. Such appeal shall be in writing, shall include a copy of the original grievance, and shall specify the reason why the aggrieved employee(s) and/or the Union believe(s) that the Step 3 decision is in error. The Mayor or his designated representative shall reply in writing within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancethereafter.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For In the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension event of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has having a grievance, his/her the settlement of said grievance shall be settled as followshandled under the following procedures: The individual employee, with or without a their Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance matter with his/her their immediate supervisor or head of their department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is Should a settlement not settled be agreed upon at this stepstage, then: Then within seven (7) calendar days of the Step One meeting, the The grievance shall be reduced to writing, signed by the employee and a the Shop Xxxxxxx or Union Committee member member, and shall be presented to the immediate supervisor or head of the department head by a the Shop Xxxxxxx Xxxxxxx, or a Union Committee member. The parties will meet to , who shall discuss the grievance. Within seven (7) calendar days following of receipt of the meetinggrievance, the supervisor or the department head shall give his/her their written reply. If the grievance is not settled Failing a satisfactory settlement at this stepstage, Then within ten (10) calendar days then: The grievance shall be a matter of receiving discussion between the Step Two responseUnion Secretary-Business Manager or their representative, with or without the Union Committee and the Executive Director or its delegate, shall notify the Company in writing that the grievance will proceed to their designated representative. If at Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral One or Two of the grievance above procedure more than two (2) months passes before proceeding to Step Three to discuss the grievance. At this next step of the grievance procedure, each party shall provide procedure or to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this steparbitration, either party may refer enquire, in writing, by registered letter, as to the status of such grievance. If within fourteen (14) days of receipt of such letter, the Union has not advanced the grievance to arbitration under Articles 7 the next step, or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at or the Step 3 meeting have Union has not referred the authority grievance to resolve arbitration, the grievancegrievance will be deemed to be abandoned.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For (1) The Employer and the purposes of this Agreement, a grievance is defined asUnion recognize that grievances may arise concerning: (a) A difference arising differences between the parties relating to Parties respecting the interpretation, application, administrationoperation, or any alleged violation of the Agreement a provision of this Agreement, including any a question as to whether or not a matter is arbitrable.subject to arbitration; or (b) The the dismissal, discipline discipline, or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has Agreement. (2) The procedure for resolving a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor procedure in this Article. (3) Where the Union or department head the Employer submits a policy or general grievance, such grievance will be in writing and will commence at Step 2 of the grievance procedure. (4) The time limits set out below may be altered by agreement of the parties. Step 1: Within seven (7) calendar days after the occurrence of the grievance or within seven (7) calendar days after the employee first becomes aware of the occurrence of alleged violation giving rise to the grievance. The supervisor will respond within three working days of discussing , the grievance employee shall, with or without a Union representative (at the employee. If ’s choice), discuss the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to matter with the immediate supervisor or who is excluded from the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievancebargaining unit. Within seven (7) calendar days following from the meetingdiscussion the immediate supervisor designated by the Employer shall give a written response to the employee and the Union representative. Step 2: If the matter is not resolved in the informal process in Step 1, the supervisor employee with the assistance of the Shop Xxxxxxx or Union Committee Member, may submit a written grievance not later than seven (7) calendar days after Step 1 is completed to the department head shall give Health Director of his/her designate setting out the nature of the grievance, the circumstances in which it arose, and shall state the Article(s) of the Agreement alleged to have been violated and the remedy or correction required. The grievance shall be transmitted to the Health Director or designate by the Union Xxxxxxx or Union Committee Member. Receipt of Grievance by designated management representative must be confirmed by union xxxxxxx. Within seven (7) calendar days after the receipt of the written reply. If grievance, the Health Director or his designate shall give a written response to the employee and the Union representative and, if the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two responsedenied, the response will include an explanation for the denial. Step 3: A Union/Management Committee comprised of two (2) Union Committee Representatives and the Secretary-Business Manager or its delegatehis/her designate and two (2) Board Representatives and the Health Director or his/her designate, or one (1) Board Representative and the Health Director and designate shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three or other mutually agreed time to discuss the grievance. At this step of the grievance procedure, procedure each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions decision of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, step either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decisionArticle 9. The Employer agrees Both parties agree that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For The grievance procedure is designed to resolve, as quickly as practical, disputes or complaints as to the purposes interpretation or operation of this Agreement. In the event that a written grievance is submitted arising out of the interpretation or operation of this Agreement, a grievance is defined as: (a) A difference arising between except in cases of discharge or suspension, the parties relating employee shall continue to work as per the conditions existing prior to the interpretation, application, administration, or alleged violation of time the Agreement including any question as to whether a matter is arbitrable. (b) dispute arose. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable grievance shall first be taken up with the immediate supervisor by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluationwith the shop xxxxxxx. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss supervisor will answer the grievance with his/her immediate supervisor or department head within seven (7) calendar days of receiving the occurrence of the written grievance. The supervisor will respond within three working days of discussing If there is no satisfactory resolution at first step the grievance with the employee. If the grievance is not settled at this step: Then union may within seven (7) calendar days of days, advise the Step One meeting, the grievance shall be reduced to writing, signed by department supervisor that the employee and a Shop Xxxxxxx or Union Committee member and shall be presented intends to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss proceed with the grievance. Within seven The department supervisor and chief shop xxxxxxx will then have fourteen (714) calendar days following from the meetingdate of notification to deal with, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this stepand answer, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this Grievances other than those of individual employees may be initiated at Step two by either party. If there is no satisfactory resolution at second step of the grievance procedurethen either party may, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days days, refer the question to the Standing Committees by advising the chairmen of the meetingStanding Committees of the intention to proceed with the grievance. The Standing Committees will then have thirty (30) days to deal with and answer the grievance. If there is no satisfactory resolution at third step then the grievance is not settled question may, within seven (7) days upon written request from either Standing Committee, be referred to the President of the Local and the Senior Mill Manager who will then have thirty (30) days to deal with and answer the grievance. Either party may elect to involve outside help at this stepstep such as a regional Union representative and/or a Management representative from outside of Elk Falls. The time periods may be extended by mutual agreement by Management and the Local Union. Where a grievance arising from the discharge of an employee progresses to arbitration, either party may refer elect, in writing, to utilize the grievance procedure outlined in Section 5 below as an alternative to the arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceprocedure set out in Section 4.

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. For 7.1 A grievance is defined as any dispute or disagreement which may arise between the purposes Union or an employee and the District with respect to the interpretation or application of any of the terms of this AgreementMemorandum of Understanding, and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion or discipline of an individual regular employee. Grievances shall be resolved pursuant to the provisions of this Article. Probationary employees shall not be entitled to process grievances with respect to matters of discharge, demotion or discipline. This shall not, however, prevent a probationary employee from enforcing any other rights under this Memorandum of Understanding. Grievant as used herein is defined as an employee or group of employees of the District or the Union. 7.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the grievant or the grievant's representative and the immediate management-level supervisor, who will answer within seven (7) days. This step shall be started within seven (7) days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the grievant. 7.3 Step Two: If a grievance is defined as: (a) A difference arising between not resolved in the parties relating first step, the second step shall be the presentation of the grievance in writing by either the grievant or the grievant's representative to the interpretationGeneral Manager or designee, applicationwho shall answer, administrationin writing, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. within seven (b7) calendar days. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance second step shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head taken within seven (7) calendar days of the occurrence date of the answer in Step One. The written presentation shall be a clear, concise statement of the grievance. The supervisor will respond within three working days , the circumstances involved, the pertinent dates, the section of discussing this Memorandum of Understanding alleged to be violated, and the grievance with the employee. specific remedy sought. 7.4 Step Three: If the a grievance is not settled at this resolved in the third step: Then , the fourth step shall be referral by the Union to mediation within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company answer in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other Whenever a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this stepreferred to mediation, either party may request that the California State Mediation and Conciliation Service refer a state mediator. The state mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. Referral to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of Step Five shall not occur until a mediator has released the presentation of this decision. The Employer agrees that their representatives at parties from the Step 3 meeting have the authority to resolve the grievancemediation process.

Appears in 1 contract

Samples: Memorandum of Understanding

GRIEVANCE PROCEDURE. For 6.01 The following procedure will be followed in the purposes settlement of this disputes arising out of the Agreement, a . STEP 1: The employee must submit his/her verbal grievance is defined as: to his supervisor/designate at the first reasonable opportunity; in any case within four (a4) A difference arising between working days (employee) from the parties relating to date of the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrableagreement. STEP 2: Failing an answer or a satisfactory settlement as in Step 1, within five (b5) working days of the incident, the aggrieved employee, accompanied by a committeeperson, shall meet with this supervisor or his representative. At this time, the grievance must be submitted to the Company in writing. The dismissalgrievance should state in what respect the Agreement has been alleged to be violated or misinterpreted with reference to the specific Clause or Clauses relied upon and nature of the relief or remedy sought. A decision in writing will be rendered by his immediate supervisor, discipline or suspension of his representative, to the committeeperson within two (2) working days following this meeting. STEP 3: Failing an employee bound by this agreement. Disciplinary action grievable by answer or a satisfactory settlement as in STEP 2, within five (5) working days, the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The aggrieved employee, with or without a Shop Xxxxxxx or Union Committee member (at of the employee's option)plant committee, shall first discuss refer the grievance with his/her immediate supervisor in writing to the General Manager or department head within seven (7) calendar days his designate. A meeting to review the merits of the occurrence of the grievance. The supervisor grievance will respond be held at a mutually agreed time and date within three five (5) working days of discussing such submission. A representative from the grievance UAW office will be included, either in person or other arranged manner. The General Manager or his designate shall render his decision in writing to the Plant Chairperson within five (5) working days from the date of the meeting of the parties. 6.02 Policy or group grievances initiated by the Company or by the Union will begin at the third step of the Grievance Procedure, with strict adherence to the terms of the third step of the Grievance Procedure. 6.03 Grievances dealing with discharge shall commence with the employeethird step of the Grievance Procedure, with strict adherence to the terms of the third step of the Grievance Procedure. 6.04 The time limits foreseen at the various steps of the Grievance Procedure may be extended by mutual consent in writing by both parties. 6.05 No matter may be submitted to Arbitration which has not been properly carried through all previous STEPS of the Grievance Procedure. 6.06 Failing a satisfactory settlement as in the third STEP, the Grievance may be submitted to Arbitration as outlined in Article 7 of this Agreement. 6.07 The Company shall not be subject to any financial liability for any period of more than fifteen (15) working days maximum, retroactive from the date a grievance was filed in writing. 6.08 The above provision shall not apply in cases of wage adjustments or monetary settlements arising out of arbitration awards. The arbitrator’s decision will govern all monetary reimbursements. 6.09 If the grievance is not settled at this step: Then within seven (7) calendar days of employee or the Step One meeting, Union fails to meet the time limits set out in the Grievance Procedure; the grievance shall be reduced deemed to writing, signed by be settled in favour of the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberother party. The parties will meet to discuss time limits as set forth in the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company Article may be extended by mutual agreement in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceby both parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsA. Step 1: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days after the grievant, through the use of referral reasonable diligence, should have knowledge of the grievance event giving rise to Step Three the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to discuss resolve the grievance. At this step The grievance shall be identified as such and must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fifteen (15) calendar days of said meeting. B. Step 2: If the grievance is not resolved to the satisfaction of the grievance Association at Step 1 of this procedure, each party shall provide the Association may within fifteen (15) calendar days after the immediate supervisor's response is given or due, whichever comes first, present the grievance in writing to the Appointing Authority's Human Resources office, or other a statement of facts and copies of all relevant documentsparty as designated by the Appointing Authority to process grievances. The findings or decisions written grievance shall state the nature of the Employer grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. Within fifteen (15) calendar days after the Appointing Authority's Human Resources office, or other party as designated receives the written grievance, the Appointing Authority's representative shall be presented arrange a meeting with the Association Representative to resolve the grievance. The Appointing Authority's representative shall respond to the Union grievance in writing to the Association Representative(s) and the Association within seven fifteen (715) calendar days of the meeting. . C. Step 3: If the grievance is not settled at this step, either party still remains unresolved the Association may refer the grievance to arbitration under Articles 7 or 8 within twenty-one fifteen (2115) calendar days after the response of the presentation Appointing Authority or his/her designee is due request arbitration of this decisionthe grievance, by written notice to the State Negotiator. The Employer agrees that their representatives at arbitration proceedings shall be conducted by a three member Board of Arbitration composed of one (1) representative of the Step 3 meeting have Association, one (1) representative of the authority to resolve Employer, and one (1) neutral member. The neutral member shall be selected by the grievance.parties within seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 10.01 An employee with the purposes assistance of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her Committeeperson, having a grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first will discuss the grievance matter with his/her immediate supervisor, and the supervisor will give an answer to the employee. Should the matter be unresolved following such discussion, it will be dealt with as speedily and effectively as possible in accordance with the following procedure: a) Step 1 The employee will state the grievance in writing on employee grievance forms to be supplied by the Company, and must normally sign the grievance, provided that it will be optional for the Company to decline to consider any grievance, the alleged circumstances of which originated or department head within occurred more than seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three regular working days prior to its presentation. In the case of discussing disputed standards, the grievance with the employee. If the grievance is not settled at this step: Then within time will be extended from seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar regular working days from the date the product is first run after issuing of receiving the Step Two responsestandard. Any employee having a grievance dealing with a matter covered by this Agreement will, with assistance and signature of his/her Committeeperson, submit the Union Committee or its delegate, shall notify the Company matter in writing that the grievance to his/her supervisor, who will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral return written disposition of the grievance to Step Three to discuss the Committeeperson not later than two (2) regular working days after receiving it. In disputes regarding standards, the Company will answer the grievance no later than five (5) regular working days following receipt of the grievance. At ; and during this step time, both the Union time study representative and the Company will have an opportunity to fully examine and study the disputed standards. b) Step 2 If the decision of the grievance procedure, each party shall provide supervisor is not satisfactory to the other a statement of facts employee concerned the grievance will be placed upon the agenda for consideration at the next regular conference between the Company and copies of all relevant documentsthe Union. The findings Company (or decisions in the case of a Company grievance, the Employer shall Union), will give its written decision on the grievance within five (5) regular working days following such meeting and the matter may be presented referred thereafter to arbitration by either party notifying the Union other party in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance their desire to proceed to arbitration under Articles 7 or 8 within twentyno later than forty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.five

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A as a difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without one of a Shop Xxxxxxx or Union Committee member (at the employee's option)member, shall first discuss the grievance with his/her immediate supervisor Immediate or department head delegate within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days decision of discussing whether or not to be represented by the grievance with union at this step shall be the employee's. If the grievance is not settled at this step, then: Then within seven (7) calendar days of the Step One meeting, the STEP WO: The grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head site manager by one of a Shop Xxxxxxx or a Union Committee member. The parties will meet to , who shall discuss the grievance. Grievances of a general nature may be initiated by a member of the Union Committee in this step. Within seven (7) calendar 7)calendar days following of receipt of the meetingwritten grievance, the supervisor or the department head site manager shall give his/her written reply. If the Ifthe grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union then: Management Committee or its delegate, delegate shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance or other mutually agreed to Step Three time to discuss the grievance. At this step of the grievance procedure, each party shall provide to to' the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance 'is not settled at this step, either party may refer the grievance to arbitration under Articles 7 Article within thirty (30)days. for Alleged Cause Employees dismissed or 8 suspended for alleged cause shall the right within twenty-one seven (217) calendar days after the date of dismissal or suspension to initiate a grievance at Step Two of the presentation grievance procedure. If the grievance is resolved at this step, the parties will meet with days of this decisionthe site manager's response. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceThree.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE PROCEDURE. For All grievances shall be handled in the purposes of this Agreement, a grievance is defined asfollowing manner: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether Step 1: An employee with a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee complaint shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance matter with his/her immediate supervisor or department head the Undersheriff within seven (7) calendar days from the date of the occurrence incident which gave rise to the grievance, unless extenuating circumstances exist requiring an extension of this portion of the grievancetimeline. The supervisor will respond within three working days of discussing the grievance with If requested by the employee, he or she may have his or her President or designee present, and/or be represented by his/her Xxxxxxx in lieu of employee. All settlements are subject to the approval of the Sheriff before they become final. Step 2: If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingsatisfactorily resolved, the grievance it shall be reduced to writing, setting forth the facts, the specific provision or provisions of the Agreement alleged to have been violated and the relief requested, signed by the aggrieved employee and a Shop Xxxxxxx the President or Union Committee member and shall be designee and, within five (5) days following the verbal discussion, presented to the immediate supervisor or Sheriff. Step 3a: In the department head event the grievance is not satisfactorily resolved at Step 2, it may be appealed by submitting a Shop Xxxxxxx or copy of the grievance to the Administration and County Services Committee (consisting of County Administrator, Board Chair, and HR representative) of the Board of Commissioners through the Human Resources office, within five (5) days following receipt of the Sheriff’s written answer at Step 2. Within ten (10) work days after the grievance has been appealed, a Union meeting shall be held between representatives of the Administration and County Services Committee memberand the Union. Either party may have non- employee representation present, if desired. In the event the meeting cannot be held within the ten (10) work day period, it shall be scheduled for a date mutually convenient to the parties without unreasonable delay. The parties will meet to discuss Employer shall place their written answer on the grievance. Within grievance no later than seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide 3b: Prior to the other a statement request for arbitration of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this stepany unresolved grievance, either party may refer invoke a request for mediation of unresolved disputes. The party so requesting shall notify the grievance other party in writing. Upon notification, the parties shall mutually agree upon a mediator selected from Xxxxxxx or Traverse City mediation organizations. If a settlement is reached as a result of mediation, such settlement shall be committed to writing. Time limits for filing of arbitration under Articles 7 or 8 within twenty-one (21) calendar days shall be held in abeyance pending the mediation process. The parties shall equally share the cost of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancemediation service.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsA. Step 1: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days after the grievant, through the use of referral reasonable diligence, should have knowledge of the grievance event giving rise to Step Three the grievance, the grievant and/or Association representative shall arrange a meeting with the grievant's immediate supervisor to discuss resolve the grievance. At this step The grievance shall be identified as such and must be reduced to writing, dated, and formally filed with the immediate supervisor. The immediate supervisor's response to the grievance shall be given to the grievant and/or Association representative within fifteen (15) calendar days of said meeting. B. Step 2: If the grievance is not resolved to the satisfaction of the grievance Association at Step 1 of this procedure, each party shall provide the Association may within fifteen (15) calendar days after the immediate supervisor's response is given or due, whichever comes first, present the grievance in writing to the Appointing Authority's Human Resources office, or other a statement of facts and copies of all relevant documentsparty as designated by the Appointing Authority to process grievances. The findings or decisions written grievance shall state the nature of the Employer grievance, the facts upon which it is based, the provision(s) of the Agreement allegedly violated, and the relief requested. Within fifteen (15) calendar days after the Appointing Authority's Human Resources office, or other party as designated receives the written grievance, the Appointing Authority's representative shall arrange a meeting with the Association Representative to resolve the grievance. The Appointing Authority's representative shall respond to the grievance in writing to the Association Representative(s) and the Association within fifteen (15) calendar days of the meeting. C. Step 3: If the grievance still remains unresolved the Association may within fifteen (15) calendar days after the response of the Appointing Authority or their designee is due request arbitration of the grievance, by written notice to the State Negotiator. The arbitration proceedings shall be presented to conducted by a three member Board of Arbitration composed of one (1) representative of the Union in writing Association, one (1) representative of the Employer, and one (1) neutral member. The neutral member shall be selected by the parties within seven (7) calendar days of the meetingafter notice is given. If the grievance is not settled at this stepparties fail to agree on the neutral member within the said seven (7) day period, either party may refer request the Bureau of Mediation Services to submit a list of five (5) arbitrators. Each party shall have the right to alternately strike two (2) names from the list. If the parties fail to agree as to which party shall strike the first name, the decision shall be made by the flip of a coin. Instead of a three member Board of Arbitration, the Association and the Employer may mutually agree to submit the grievance to arbitration under Articles 7 or 8 a sole arbitrator. If the parties agree to submit the grievance to a sole arbitrator, and the parties fail to agree on the arbitrator within twenty-one seven (217) calendar days after the notice of arbitration is received, the arbitrator shall be selected in the same manner as the neutral member of the presentation Board of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceArbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Section 1. A grievance shall be any dispute or complaint concerning the purposes interpretation or application of, or compliance with, any of the provisions of this Agreement, a grievance is defined as: (a) A difference arising between . In the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including event any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee believes that he has a grievance, his/her it shall first be presented by the employee to his immediate supervisor. If no satisfactory adjustment is made, such grievance shall be settled in the following manner: STEP 1. The aggrieved employee and/or his xxxxxxx shall present the grievance to his immediate supervisor. The immediate supervisor will give his answer within three (3) working days, excluding weekends and holidays, following submission of the grievance. STEP 2. If no satisfactory adjustment is agreed upon as follows: The employeeprovided in Step 1, with or without a Shop Xxxxxxx or the Union Committee member (at shall give the Company the grievance in written format, stating the nature of the incident, the provision of this Agreement on which the grievance is based, the relief sought and it shall be signed by the employee's option). Then, the matter shall first discuss be referred by a Grievance Committeeperson to the grievance with his/her immediate supervisor Production Manager or department head his representative, who, within seven fifteen (715) calendar days of the occurrence appeal, shall meet and discuss the alleged grievance and give a written decision within five (5) working days to a member of the Grievance Committee or Shift Xxxxxxx if a Grievance Committee Representative is not at work, excluding weekends and holidays, after the day the grievance is discussed under this Step 2. STEP 3. If no satisfactory settlement is agreed upon as provided in Step 2, the matter shall be referred to the General Manager and/or to such other representative or representatives as he may designate and to the Union Grievance Committee. Up to three members of the Grievance Committee, the Local Unit President, and the International Representative of the Union shall meet with the designated Company representative and discuss the grievance. The supervisor Step 3 meeting will respond be held within three thirty (30) days from the Company's receipt of the Union's referral to Step 3. The Company representative shall give an answer in writing within five (5) working days of discussing the grievance with the employee. If days, excluding weekends and holidays, after the grievance is not settled at discussed under this step: Then within seven (7) calendar days Step 3. STEP 4. If no settlement of the Step One meetinggrievance is reached in the foregoing steps, the grievance matter shall be reduced submitted to writingarbitration if the Union Grievance Committee shall so request in writing within thirty (30) working days, signed by excluding weekends and holidays, after the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberCompany's decision provided in Step 3. The parties will meet shall endeavor to discuss agree upon an arbitrator, but if such agreement has not been reached within five (5) working days, excluding weekends and holidays, after the grievancerequest for arbitration is delivered, then the matter shall be referred to the American Arbitration Association for the selection of an arbitrator pursuant to its rules and regulations. Within seven The decision of the arbitrator shall be final and binding upon the parties. Section 2. Any grievance not presented in STEP 1 within three (73) calendar days following working days, excluding weekends and holidays, after knowledge of the meeting, the supervisor or the department head shall give his/her written reply. If occurrence out of which the grievance is arose shall not settled at this stepbe entitled to consideration, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the and any grievance will proceed to Step Three. The Company and Union will meet within twenty-not appealed from one (21) calendar days of referral STEP of the grievance procedure to Step Three to discuss the grievance. At this step next within five (5) working days, excluding weekends and holidays, after the day which the answer is given shall be considered settled on the basis of the last answer. Also, any grievance procedure, each party not answered by the Company within time limits called for in the previous steps shall provide be considered settled in favor of the Union. Such settlements will be on a non-precedent setting basis and shall have no bearing on future grievances of a like nature. Time limits are subject to being extended by the mutual written consent of the parties. Section 3. The fee of the arbitrator shall be borne equally by the Company and the Union. Section 4. The arbitrator may interpret the Agreement and apply it to the other particular case presented to him, but he shall, however, have no authority to add to, subtract from or in any way modify the terms of this Agreement or any Agreements made supplemental hereto. Section 5. In the event an aggrieved employee who is discharged or otherwise loses seniority under Article VI of this Agreement fails to attend any scheduled third step grievance meeting or an arbitration hearing regarding a statement of facts grievance filed by him or on his behalf, for which the aggrieved employee has received notice, the aggrieved employee shall be deemed to have directed the Union to immediately withdraw such grievance and copies of all relevant documentsit shall not be subject to further processing under this Article. The findings foregoing shall not apply in the event of a verifiable emergency or decisions of if a physician certifies the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If employee could not attend the grievance is not settled at meeting due to an illness or injury. Grievances withdrawn in accordance with this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twentySection will be on a non-one (21) calendar days precedent setting basis and shall have no bearing on future grievances of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancelike nature.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For a) Step 1: When the purposes of this Agreementmatter cannot be resolved informally under section 8.03, a the Union’s xxxxxxx shall present the grievance, in writing, to the facility Manager, or designate. If possible, the grievor shall be in attendance when the grievance is defined as: presented and discussed at this Step. Grievances must be formally initiated under this procedure within fourteen (a14) A difference arising between calendar days following the parties relating incident- giving rise to the interpretation, application, administrationgrievance, or alleged violation within fourteen (14) calendar days after the grievor or the Union first becomes aware of the Agreement including any question as to whether a matter is arbitrablesuch incident. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsStep 2: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss When the grievance with his/her immediate supervisor or department head is not settled within seven (7) calendar days of the occurrence being presented at Step 1, a representative of the grievance. The supervisor will respond within three working days of discussing Union shall present the grievance with to the employeeChair of the Management Committee. If possible, the facility Manager and the grievor shall be in attendance when the grievance is presented and discussed at this Step. c) Step 3: When the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be being presented to the immediate supervisor Chair of the Management Committee at Step 2, either party may submit the grievance to Arbitration for final resolution pursuant to article 9. a) Where a grievance arises involving a general application or interpretation of this Agreement, or where a group of employees has a grievance, the department head by Union shall initiate such grievance at step 1, within the time limits set-out in that Step. b) Should the Employer have a Shop Xxxxxxx grievance, it shall forward same to the Union’s President, in writing within fourteen (14) calendar days following the incident giving rise to the grievance, or a Union Committee memberwithin fourteen (14) calendar days after it first becomes aware of such incident. The parties will Union and the Employer shall meet to discuss the grievance. Within Employer grievances within seven (7) calendar days following days, after the meeting, grievance has been received by the supervisor or the department head shall give his/her written reply. Union. c) If the an Employer grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of after the meeting. If the grievance is not settled at this stepfirst meeting referred to above, it may be submitted to arbitration by either party may refer the grievance for final resolution pursuant to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancearticle 9.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For An employee may present the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation Committee and have such grievance heard without intervention by the Association provided the Association is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect betw een the Committee and the Association. supervisor with the object of resolving the matter informally. A representative of the Agreement including Association may be present. The grievance must be submitted within thirty (30) school days from the date of occurrence of the grievance or the date of first knowledge of the grievance by any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound party affected by this agreementit. Disciplinary action grievable by A meeting will be held with the immediate supervisor and the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/his/ her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member Association representative within five (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (75) calendar school days of the occurrence filing of the grievanceGrievance. The supervisor will respond within three working Level Two----If, at the end of five (5) school days of discussing next following the grievance with the employee. If Level One meeting r, the grievance is not settled at this step: Then disposed of to the employee’s and/ or Association’s satisfaction, the employee and/ or the A ssociation may submit the matter, in writing, to the Superintendent within seven five (75) calendar school days. The Superintendent, within eight (8) school days of receipt of the Step One meetingwritten grievance, shall meet with the grievance shall be reduced aggrieved employee and/ or the Association in an effort to resolve the matter. The Superintendent will respond, in writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor aggrieved employee and/ or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven Association within five (75) calendar school days following the meeting. grievance, in writing, to the supervisor or School Committee within five (5) school days following the department head written response of the Superintendent. The School Committee, at the next regular School Committee meeting, after receipt at a regular meeting of the written grievance, shall give his/her meet with the aggrieved employee and representatives of the Association in an effort to resolve the matter. Association may, by giving written reply. If notice to the grievance is not settled at this step, Then Committee within ten (10) calendar school days following the receipt of receiving the Step Two responseSchool Committee disposition, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of submit the grievance to Step Three to discuss the grievance. At this step American Arbitration Association for disposition in accordance with the applicable Rules of the American Arbitration Association, provided, however, no grievance procedure, each party shall provide be submitted to arbitration that: 1. involves a matter which is outside the other a statement of facts and copies of all relevant documents. The findings or decisions scope of the Employer shall terms of this A greement; 2. involves a matter which could not as a matter of law be presented to effectuated by the Union School Committee; 3. involves a matter which was a proposal in writing within seven (7) calendar days negotiations but not included in the express terms of the meetingA greement; 4. If involves a matter which has not been presented in a timely fashion in accordance with the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancetime limitations set forth herein.

Appears in 1 contract

Samples: Teacher Agreement

GRIEVANCE PROCEDURE. For A. A grievance for the purposes purpose of this Agreement is defined as a dispute regarding the meaning or interpretation of a particular clause of this Agreement or regarding an alleged violation of this Agreement. B. In an effort to provide for a peaceful procedure for resolution of disputes, a grievance is defined asthe parties agree to the following procedure: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) STEP I: The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her his immediate supervisor or department head outside the bargaining unit within seven fifteen (715) calendar days of from the occurrence of thereof, or the grievanceemployee's knowledge thereof. The supervisor will shall respond within three working days of discussing to the grievance with the employee. If as quickly as possible, but no later than ten (10) days after the grievance is not settled at this stepfirst discussed. STEP II: Then within seven If after ten (710) calendar days from the date of receipt of the Step One meetingimmediate supervisor's reply, the grievance shall be reduced to writingremains unresolved, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented submit written notice to the immediate supervisor or with a copy to the department head by Association including (1) a Shop Xxxxxxx or a Union Committee memberstatement of the contract violated, (2) specific provision(s) of the contract violated, and (3) the remedy sought. The parties will meet supervisor shall respond to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then employee in writing within ten (10) calendar days. STEP III: If after ten (10) days from the date of receiving receipt of the Step Two responsesupervisor's reply, the Union Committee or its delegategrievance remains unadjusted, the grievance may be submitted within ten (10) days to the Police Chief. The Chief may meet with the employees’ immediate supervisor and the aggrieved party, who may request an Association representative at the hearing. The Chief shall notify respond to the Company grievance in writing that within ten (10) days. STEP IV: If after ten (10) days from the date of receipt of the Chief's reply, the grievance will proceed remains unadjusted, the grievance may be submitted within ten (10) days to Step Threethe City Manager of the City. The Company City Manager shall meet with the aggrieved party, Association representative and Union the Chief of Police, and shall respond to the grievance in writing within ten (10) days. STEP V: Mediation: If the Association is not satisfied with the decision provided by the City Manager at Step IV, the Association will meet within twenty-one (21) calendar days of referral of submit the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing mediation within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.fourteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A 14.01 Any difference arising between the parties relating to, or the persons bound by this Agreement as to the its interpretation, application, administration, or alleged violation of the Agreement including any question as shall be considered to whether be a matter is arbitrable. grievance. Grievances shall be brought within fifteen (b15) The dismissal, discipline or suspension calendar days of an employee bound knowing or reasonably knowing about the matter giving rise to the grievance. Grievances can be brought by this agreementemployees (through Union Stewards or Union Representatives), Union Stewards, Union Representatives, or the Employer. Disciplinary action grievable by the They may be brought directly to their Supervisor (Pit Boss for Gaming bargaining unit employees; Slot Supervisor for Slot bargaining unit employees). The employee shall include written censures, letters of reprimand, and adverse reports or performance evaluationmay choose to have a Union Xxxxxxx present. If an employee has a grievanceunresolved within fifteen (15) calendar days of being brought to the attention of the responding party, his/her the grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member put in writing. Within fifteen (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (715) calendar days of the occurrence grievance having been put in writing, the Games Manager or designate in the case of Gaming employees; or Slot Manager or designate in the grievancecase of Slot employees and Union Representative shall meet and make efforts to resolve the matter. The supervisor will respond within three working days of discussing During this time frame the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, Employer’s response to the grievance shall be reduced put in writing and provided to writingthe Union Representative. If a meeting is arranged, signed by the employee and a Shop Xxxxxxx or Union Committee member and written response shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven fifteen (715) calendar days following from the date of the meeting, the supervisor or the department head shall give his/her written reply. If the grievance a settlement is not settled reached at this step, Then within ten (10) calendar days of receiving the Step Two response2, the Union Committee or its delegate, shall notify may refer the Company grievance to an Arbitration Board by notifying the Employer in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral receipt of the grievance to written response at Step Three to discuss the grievance2. At this step Written notice of the grievance procedure, each party shall provide to the other moving a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 shall be directed to the Operations Manager or 8 designate and include the name, address and business phone number of the referring parties’ appointed member of the arbitration board. The recipient of the notice shall, within twenty-one (21) calendar days days, advise the other party of the presentation name, address and business phone number of this its appointed member of the arbitration board. If the appointees fail to agree upon a Chairman within the time limits (or such longer period of time as may be mutually agreed) then the Director of Mediation Services may be requested by either party to appoint a qualified person to act as Chairman. The Arbitration Board shall hear the circumstances of the grievance and shall issue a decision. The Employer agrees that Arbitration Board shall not have jurisdiction to alter, add to, subtract from, modify, amend, or change any provision of this Agreement or to deal with any matter not covered by this Agreement, but may, however, interpret its provisions. The decision of the majority of an Arbitration Board shall be the decision of the Board, but if there is no majority decision, the decision of the chairman shall govern. The decision shall be final and binding upon both parties. Each party shall bear the expenses their representatives at appointee and the Step 3 meeting have expenses of the authority to resolve Chair shall be shared equally by the grievanceparties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 30.01 For the purposes purpose of considering and attempting to settle any dispute or complaint regarding the interpretation, application, or administration of this Agreement, the procedure set out in this Article shall be followed. 30.02 The Union shall, no later than September 30 of each school year, appoint, and the Board shall recognize, a grievance is defined as:committee of the Union, representing all teachers employed by the Board, to deal with grievances. This committee, with regional representation, shall be known as the Union Grievance Committee. The Union shall inform the Director of Human Resources in writing of the members of the Committee or any change in the membership. (a) A difference arising between 30.03 If a teacher or the parties relating to Union has a dispute with the Board or its representative regarding interpretation, application, administration, or any alleged violation of this Agreement, the dispute shall constitute a grievance, and the teacher or the Union shall process the grievance according to the procedure in this Article. (a) The aggrieved teacher, with or without a representative and with or without a member of the Union Grievance Committee, shall submit the grievance to the Regional Director of the Region within ten (10) working days of the effective knowledge of the facts which gives rise to the alleged grievance. The teacher shall provide a statement with a summary of the facts giving rise to the grievance, identify the specific Article(s) of the Agreement including any question as alleged to whether have been violated, and describe the redress sought. The grievor shall provide the Union Grievance Committee with a matter is arbitrablecopy of the grievance. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days Regional Director of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance Region shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented reply in writing to the immediate supervisor or grievor and to the department head by a Shop Xxxxxxx or a Union Grievance Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar working days of receiving the grievance. (a) If the matter is not resolved at Step Two response1, the Union Grievance Committee or its delegate, shall notify submit the Company grievance in writing that to the grievance will proceed to Step Three. The Company and Union will meet Director of Human Resources within twenty-one ten (2110) calendar working days of referral receiving the reply in Step 1. (b) Within ten (10) working days of receipt of the grievance grievance, the Director of Human Resources shall meet with the Union Grievance Committee to Step Three attempt to discuss settle the grievance. At this step . (c) The Director of the grievance procedure, each party Human Resources shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented reply in writing to the Union in writing Grievance Committee within seven ten (710) calendar working days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. (a) For the purposes purpose of this Agreement, a grievance is defined as: (a) A as a difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance Grievances shall be settled as followsprocessed in the following manner: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step, then: Then within seven (7) calendar days of the Step One meeting, the The grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to , who shall discuss the grievance. Within seven (7) calendar days following of receipt of the meetingwritten grievance, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the then: The Union Committee and the Committee on Labour Relations, or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance or other mutually agreed to Step Three time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer Committee on Labour Relations shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 Article 9 within twenty-one thirty (2130) calendar days of the presentation of this decisiondays. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance. (b) If the time limits are not complied with, the grievance shall be considered as being abandoned, unless the parties have mutually agreed in writing to extend the time limits.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For The steps of the purposes grievance procedure shall be as set forth below. The Company and the Union agree to confer in good faith at all steps of the grievance procedure in an attempt to resolve all grievances at the lowest step possible. All grievances shall be processed in accordance with the following procedure: Step 1. A written grievance form shall be submitted by the Union to the Company’s Vice President (or designated representative). The grievance form shall be signed by the Grievant(s) or, if applicable by the Unit Chairperson or Alternate Chairperson on behalf of the Grievant(s) pursuant to Section 6.12. The written grievance shall indicate the section(s) of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating Agreement relevant to the interpretation, application, administration, or alleged violation substance of the Agreement including any question as grievance and shall set forth the facts pertaining to whether the alleged violation(s). The Company’s Vice President (or designated representative) and the Chairperson of the Local Unit Executive Committee shall meet at a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, mutually agreed upon date and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first time to discuss the grievance with his/her immediate supervisor or department head in an effort to settle the same. If a date for such a meeting is not scheduled within seven six (76) calendar days of the occurrence of date on which the grievancegrievance form was submitted at Step 1, the Union shall have the right to advance the grievance to Step 2 with notification to the Company. The supervisor will respond within three working days of discussing Vice President (or designated representative) shall place an answer on the written grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then form within ten (10) calendar days following the date on which the meeting at Step 1 occurred. The grievance form shall then be returned to the Chairperson, or Alternate Chairperson, of receiving the local Unit Executive Committee, who will provide a copy to the appropriate Xxxxxxx. The Company and the Union may have other representatives present during Step 1 of the grievance procedure upon notice to the other party. Step 2. If the written grievance is not settled in the Step Two response1, it shall be the responsibility of the Union Committee to elect or its delegatenot elect to process the written grievance further, and if the Union elects to process the written grievance further, then the written grievance may be submitted to the Company’s Vice President (or designated representative) within ten (10) days following receipt of the Company’s written answer in the Step 1 written procedure. The Company’s Vice President (or designated representative) and the UAW International Representative or his/her designee and the Unit Chairperson or his/her designee shall notify meet at a mutually agreed upon date and time to discuss the grievance in an effort to settle the same. The Vice President of the Company in writing that (or designated representative) shall place an answer on the written grievance will proceed within ten (10) days following the date on which the meeting was held at this Step. The written grievance shall then be returned to Step Threethe UAW International Representative or his/her designee. The Company and Union will meet within twenty-one (21) calendar days of referral may have other representatives present during this Step of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide procedure upon notice to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparty.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties All complaints by an employee or part-time employee relating to the interpretation, application, administration, administration or alleged violation of this Agreement shall be dealt with in the Agreement including any question as following manner. This shall also apply to whether an employee or part-time employee who believes that he has been disciplined without just cause. An employee or part-time employee, who may be accompanied by the Local Chairperson and/or his Authorized Representative, will discuss his complaint with the Manager before he has cause for a matter is arbitrablegrievance and proceeding to steps of the grievance procedure. (b) The dismissalSTEP 1: Should the grievance not be resolved to the grievor’s satisfaction through the meeting with the Manager, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss /part-time employee and/or Local Chairperson and/or his Authorized Committee may present the grievance in writing to the Manager within five (5) days of the meeting with his/her immediate supervisor or department head the Manager, who will render a decision in writing within seven five (75) working days from receipt of the written grievance. STEP 2: Within fifteen (15) calendar days of receiving a decision at Step 1, the occurrence Representative may appeal in writing to the Board of Directors, at which time he/she must indicate whether the Union is also requesting to make an oral presentation to the Board of Directors. In the event the Union is also requesting to make an oral presentation the Union agrees that its presentation is to be not more than twenty (20) minutes in length during an In Camera Session of a regularly scheduled Board Meeting. The Board may present questions to the Representative during his presentation. The Representative shall be required to leave the In Camera session upon completion of his presentation. The Board of Directors shall render its decision in writing to the Representative within ten (10) working days after receipt of the grievancewritten appeal or the oral presentation, whichever shall occur last. The supervisor will respond within three working days For grievances related to the termination of discussing an employee’s/part-time employee’s employment, the grievance with oral presentation shall be scheduled at the employee. If the grievance is not settled at this step: Then within seven (7) calendar days first meeting of the Step One meetingBoard following receipt of the letter of written appeal, provided the grievance shall be reduced to writing, signed by the employee and letter is received a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within minimum of ten (10) calendar days prior to the scheduled Board Meeting. STEP 3: If the decision of receiving the Step Two responseBoard of Directors is not satisfactory, the Union Committee or its delegatemay, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral after receipt of the grievance decision, process the matter to Step Three a Board of Arbitration in accordance with Article 4.10. Alternatively the parties may proceed to discuss mediation/arbitration upon mutual agreement, provided the grievance. At this step of mediation/arbitration is held by the grievance proceduresame person, each party shall provide to unless the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparties agree otherwise.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For 1. Any complaint, disagreement or difference of opinion between the purposes Co-operative, the Union or the employees covered by the Agreement which concerns the interpretation or application of the terms and provisions of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has be considered a grievance. Any employee who feels that he has been unfairly treated, his/her grievance shall be settled as follows: The employee, with the Union or without the Co-operative may present a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the Any grievance with the employee. If the grievance which is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two responseevent shall be forfeited and waived by the aggrieved party. 2. All grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved parties. Notwithstanding the foregoing, whenever possible, the aggrieved employee (with the Union Committee Shop Xxxxxxx present or its delegate, absent at the employee’s option) shall notify first discuss the Company in writing that the grievance will proceed to Step Threematter verbally with their Department Manager. 3. The Company procedure for adjustment of disputes and Union grievances will meet be as follows: (a) By a discussion between the Shop Xxxxxxx (with the aggrieved employee present or absent at his option) and the Department Manager. The aggrieved party shall be given a written decision on the matter within twenty-one fourteen (2114) calendar days after the discussion. (b) Failing agreement of referral subsection (a), the grievance shall be dealt with by the Grievance Committee of the grievance to Step Three to discuss the grievance. At this step Union which may include a Staff Representative of the grievance procedure, each Union and the General Manager or his duly appointed representative in the event of his absence for a period in excess of one (1) week. The aggrieved party shall provide to be given a written decision on the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing matter within seven (7) calendar days days. (c) If a satisfactory settlement cannot be reached then, upon request of either party, the meetingmatter shall be referred to the Board of Arbitration established by Article 13. 4. If After the completion of any step in Section 3, if the aggrieved party does not proceed to the next step within ten (10) calendar days, the grievance is not settled at this step, either party may refer the grievance shall lapse. 5. All negotiations with respect to arbitration under Articles 7 or 8 within twenty-one (21) calendar days disputes and grievances shall be dealt with during regular working hours and no employee shall suffer any loss of the presentation of this decisionpay for time spent in such negotiations. 6. The Employer agrees that their representatives at parties may agree to the Step 3 meeting have appointment of a mediator to assist in resolving the authority to resolve the grievancedispute. 7. Timelines may be waived by agreement of both Parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 1. At all times during the purposes of this Agreementgrievance procedure, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports be entitled to have a Union representative appear with him or performance evaluationher. 2. If an employee has a grievance, his/her A grievance shall be settled as follows: The employeesubmitted in writing citing the contract clause, with agreement or without a Shop Xxxxxxx or Union Committee member work rule which has been violated within fourteen (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (714) calendar days from when the employee becomes aware of the occurrence of alleged violation. This grievance must be signed for by the grievanceEmployer official in charge and a copy returned to the grievant and the Union. 3. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replyanswer to the grievance within fourteen (14) calendar days from the receipt of the grievance. Upon receipt of a written grievance, the Employer may, in its sole discretion, settle the grievance immediately. 4. If the grievance is not settled at this stepdenied, Then within ten the grievant has fourteen (1014) calendar days of receiving to request a hearing in person. A hearing will be scheduled by the Step Two response, Employer and the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one thirty (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (730) calendar days of the meetingemployee’s request for a hearing. The Employer will issue a written decision within fourteen (14) days following the hearing. A hearing date, once set, will only be changed in the case of an emergency or by mutual agreement. 5. If the grievance is not settled at this stepdenied, either party may refer the grievance grievant has fourteen (14) calendar days to arbitration under Articles 7 request a hearing in person with the Labor Relations Director (or 8 designee). A hearing will be scheduled by the Employer and the Union within twenty-one thirty (2130) calendar days of the presentation employee’s request for a hearing. A hearing date, once set, will only be changed in case of this decisionan emergency or by mutual agreement. 6. The Labor Relations Director (or designee) shall give his/her decision, in writing, no more than fourteen (14) calendar days after the hearing. The answer shall be final and binding on the employee, the Union and the Employer agrees that their representatives unless it is timely appealed to arbitration. 7. If the grievance has not been satisfactorily resolved, the grievant may go to arbitration under Article 9 and must appeal the matter to arbitration pursuant to Article 9 below within forty (40) calendar days. 8. All decisions must be in writing and copies of all decisions must be sent to the Union Office, to at least one Union Representative and to the Step 3 meeting have Grievant. 9. Failure to be timely by either party advances the authority grievance to resolve the grievancenext step in the procedure; however, initial grievances and notices of intent to arbitrate must be filed within the specified time frames to be valid. 10. All rights to a grievance filed by the Union or a bargaining unit employee belong to the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 9.01 It is the purposes mutual desire of this Agreement, a grievance is defined as: (a) A difference the parties hereto that any complaint arising between an employee and the parties relating Company with respect to the interpretation, application, administration, interpretation or alleged violation of the this Agreement including any question shall be adjusted as to whether a matter is arbitrablequickly as possible. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If 9.02 It is generally understood that an employee has a grievanceno complaint or grievance until they, his/her either directly or through the Union, have first given their immediate Supervisor an opportunity to adjust the complaint. 9.03 If, after registering the complaint with the Supervisor and such complaint is not settled within three (3) calendar days or within any longer period which may have been agreed to by the parties, then the following steps of the Grievance Procedure may be invoked: Step One: The grievance shall be settled as follows: submitted in writing to the Department Manager either directly or through the Union. The employee, Department Manager shall meet with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss Union Xxxxxxx and the grievance with his/her immediate supervisor or department head grievor within seven (7) calendar days of the occurrence receipt of the grievance in an attempt to resolve the grievance. The supervisor will respond Department Manager shall, within three working days of discussing a further seven (7) calendar days, answer the grievance with and return it to the employeeUnion. Step Two: If the grievance is not settled remains unsettled at this step: Then the conclusion of Step One, the grievance may be submitted to the Owner or his designate who shall, within seven (7) calendar days days, hold a meeting between the Union Grievance Committee (not to exceed three (3) in number, including the Local Union Unit President, Xxxxxxx and grievor) and the appropriate Representatives of the Step One meeting, the grievance shall be reduced Management in a final attempt to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss resolve the grievance. Within The Staff Representative may be present at this meeting, if requested by either party. The Owner or their designate shall, within a further seven (7) calendar days, give their decision in writing to the Union. 9.04 The Company shall not be required to consider any grievance which is not presented within twenty (20) calendar days following after the meeting, grievor and the supervisor or Union first became aware of the department head shall give his/her written reply. alleged violation of the Agreement. 9.05 If final settlement of the grievance is not settled reached at this stepStep Two, Then then the grievance may be referred in writing by either party to arbitration, as provided in Article 10 - Arbitration, at any time within ten thirty (1030) calendar days after the decision is received under Step Two. 9.06 At any stage of receiving the Step Two responseGrievance Procedure, including Arbitration, the Union Committee or its delegate, shall notify conferring parties may have the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral assistance of the grievance employee(s) concerned and any necessary witnesses, and the employee's discipline record. All reasonable arrangements will be made to Step Three permit the conferring parties or the Arbitrator to discuss the grievance. At this step of the grievance procedure, each party shall provide have access to the other premises to view disputed operations and to confer with the necessary witnesses. 9.07 When two (2) or more employees wish to file a statement grievance rising from the same alleged violation of facts this Agreement, such grievance may be handled as a group grievance and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days Company beginning at Step Two of the meeting. If Grievance Procedure. 9.08 The Union or the Company shall have the right to initiate a policy or a grievance is not settled of a general nature beginning at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days Step Two of the presentation Grievance Procedure and all provisions of the Grievance and Arbitration Procedures shall apply to such grievances. 9.09 a) The time allowance provided in this decision. The Employer agrees that their representatives at Article may be extended by mutual agreement between the Step 3 meeting have the authority to resolve the grievanceparties in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes 36.1 An employee or group of this Agreement, employees with a grievance is defined as: shall within thirty (a30) A difference arising between calendar days after the parties relating first occurrence of the event giving rise to the interpretation, application, administrationgrievance present such grievance through the Grievance Committee in writing to the Chief, or alleged violation of in the Agreement including any question as Chief's absence, to whether a matter is arbitrabletheir authorized representative. (b) 36.2 The dismissal, discipline Chief or suspension of an employee bound by this agreement. Disciplinary action grievable by their authorized representative shall present the Employer's position in writing to the employee shall include written censures, letters of reprimand, or employees and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union the Grievance Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days after receipt of such grievance. Grievances not resolved within the occurrence of Fire Department must be presented by the employee or employees through the Grievance Committee in writing to the Chief Administrative Officer within twelve (12) calendar days after the Chief has given their reply to such grievance. The supervisor will respond Chief Administrative Officer shall reply to the aggrieved Employee or Employees and the Grievance Committee within three working twelve (12) calendar days after receipt of discussing such grievance. The resolution of grievances settled by the grievance with procedures set forth in this paragraph shall be reduced to writing and signed by the employee. Grievance Committee and the Employer. 36.3 If the grievance is not settled at this step: Then in accordance with the foregoing procedure, the Grievance Committee may, within nine (9) calendar days after receipt of the reply of the Chief Administrative Officer submit the grievance to arbitration by serving notice in writing of such submittal upon the Chief Administrative Officer. The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after submittal of the Step One meetinggrievance to arbitration and in the event the parties are unable to agree upon an arbitrator within said seven (7) day period, either party may request the Bureau of Mediation Services of the State of Minnesota to submit a panel of five (5) arbitrators. The parties shall each have the right to alternately strike one (1) name from the panel until one name remains. If the parties are unable to agree on who shall strike the first name, the question shall be decided by a flip of the coin. The remaining person shall be the arbitrator. The arbitrator shall be notified of their selection by a joint letter from the parties requesting that the arbitrator set a time and a place for a hearing on the grievance, subject to the availability of the parties. 36.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. They shall consider and decide only the specific issue(s) submitted to them in writing by the parties, and shall have no authority to make a decision on any other issue not so submitted to them. More than one (1) grievance may be heard by the same arbitrator by mutual written agreement of the parties. Either party may, if it desires, submit a brief to the arbitrator setting forth its position with respect to the issue(s) involved in a grievance. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws and rules and regulations having the force and effect of law. The arbitrator shall submit their decision in writing to the parties and shall file a copy of such decision with the Bureau of Mediation Services of the State of Minnesota. The decision shall be based solely upon their interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. 36.5 The decision of the arbitrator shall be final and binding upon the parties, except that an appeal may be taken to the District Court on the grounds that the order of the arbitrator violates the provisions of Minnesota Statutes Annotated, Section 179.72, Subd. 7, or its successor, relating to the scope of such order. 36.6 The fee and expenses of the arbitrator shall be divided equally between the parties. Each party shall be responsible for compensating its own witnesses. If either party desires a verbatim record of the arbitration proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of such proceedings, the cost shall be shared equally. 36.7 If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Grievance Committee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the parties involved in each step. 36.8 All documents, communications, and records dealing with a grievance shall be filed separately from the personnel files of the employees involved until final discipline is imposed pursuant to Minnesota law. 36.9 Access to all information necessary to the determination and processing of a grievance shall be made available to all participants, to the extent possible under law. 36.10 If as a result of the reply of the Chief Administrative Officer’s response in Section 36.2, the grievance remains unresolved and if the grievance involves suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Section 36.3 or to another procedure such as Veterans Preference or fair employment. If appealed to any procedure other than Section 36.3, the grievance shall not be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented subject to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company arbitration procedure provided in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceSection 36.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For ‌ 21:01 The Company and the purposes Union agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee and the supervisor, and both the Company and the Union shall encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly without necessarily having to resort to the following formal process. 21:02 The Union recognizes that each xxxxxxx is employed full-time by the Employer and that they will not leave their work during working hours except to perform their duties under this Agreement. Therefore no xxxxxxx shall leave their work without obtaining the permission of their supervisor. 21:03 An employee, a xxxxxxx and/or a staff rep of the Union shall be allowed to attend meetings scheduled by the Employer during working hours for the purpose of settlement of a grievance without loss of remuneration. 21:04 When a grievance cannot be presented in person at any step, it may be transmitted by email or registered mail to the position designated at each step, with a copy to the Human Resources Advisor. 21:05 A grievance is defined as an unresolved difference in writing concerning the application, interpretation or alleged violation of this Agreement. (a) Where either party to the Agreement disputes the general application, interpretation or alleged violation of this Agreement, either party may initiate a grievance is defined as: (a) A difference arising between policy grievance. Such grievances initiated by the parties relating Union shall be made to the interpretationEmployer, application, administrationand such grievances initiated by the Employer shall be made to the President of the Union, or alleged violation their designate and in either case shall be within fifteen (15) working days from the date upon which the initiating party was notified orally or in writing, or on which it became aware, or ought to have become aware of the Agreement including any question as action or circumstances giving rise to whether a matter is arbitrablethe grievance. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by Where the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has parties fail to resolve a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's optionunder Article 21:05(a), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to the arbitration under Articles 7 step of the Grievance Procedure. 21:06 If the Employer fails to reply to a grievance within the prescribed time limits, the employee or 8 the Union may process the grievance to the next step. Either party may request an extension of the time limits providing such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld. 21:07 The grievance shall be presented on an official grievance form. The written description of the nature of the grievance, the article violated, and the redress requested shall be sufficiently clear on the form. 21:08 An employee has the right to representation by a Union xxxxxxx and/or Union representative at any step of the Grievance Procedure, but must in all cases attend Steps 1 and 2 of the procedure. (a) Step 1 (b) Step 2 (c) Step 3 (d) Step 4 21:09 In the case of a dispute arising from the disciplinary demotion, suspension or dismissal of an employee, the grievance may initially be presented at Step 2, 21:10 Grievances concerning layoffs and recalls shall be initiated at Step 2 of the Grievance Procedure within twenty-one ten (2110) calendar working days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority layoff or recall giving rise to resolve the grievance. 21:11 Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, Step 1. An Employee with a grievance is defined as: shall discuss the matter with the Employee’s Supervisor within eighteen (a18) A difference arising between days (all time limits in this Article exclude weekends and holidays) of the parties relating day in which it arises or becomes known to the interpretationEmployee. The Employee may be accompanied by a Union xxxxxxx, applicationif he or she desires. The Supervisor shall reply within ten (10) days after presentation. However, administrationif the grievance is not resolved in this manner, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, handled in accordance with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss procedure set forth below. If the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will Supervisor does not respond within three working days of discussing the grievance with time limits, the employeegrievant may appeal to the next level. Step 2. If the grievance is not settled at this step: Then resolved within seven ten (710) calendar days after the presentation of the grievance at Step One meeting1, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented in writing to the immediate supervisor Chief Operating Officer or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replydesignee for the Hospital within thirty (30) days from the date it was presented at Step 1. The COO Step 3. If the grievance is not settled resolved at this stepStep 2, Then the grievance shall be presented in writing to the Chief Executive Officer for the Hospital, or his/her representative designee within thirty (30) days from the date it was presented at Step 2. The Chief Executive Officer or designee should reply in writing within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Threedays. The Company and Union Employee may request a personal meeting with the Chief Executive Officer or his/her designee. Such a request will meet within twenty-one (21) calendar days of referral of the grievance to be honored. Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting4. If the grievance is not settled resolved at this stepStep 3, either party may refer advance the grievance to arbitration under Articles 7 or 8 by submitting a request, in writing within twenty-thirty (30) days from the date it was presented at Step 3, with a copy to the Director of Labor Relations, to the Federal Mediation and Conciliation Service requesting that it submit a panel of seven (7) arbitrators having hospital arbitration experience. Either party may reject one (211) calendar days panel in its entirety. Each party shall alternately strike one (1) name until an arbitrator is selected. To determine which party strikes the first name, the Parties shall flip a coin. The arbitrator shall promptly conduct a hearing on the grievance. The decision of the presentation arbitrator shall be final and binding, within the scope of the arbitrator’s jurisdiction. The arbitrator shall have no power to: (1) add to or subtract from, or modify any of the terms of this decisionAgreement; (2) hear or decide any dispute as to the numbers or classifications of Employees needed, at any given time, to staff the departments; (3) arbitrate any matter after the Agreement has expired other than matters which arose prior to the time of expiration of the Agreement. The Employer agrees that their representatives All grievances must be presented at the Step 3 meeting have proper steps in accordance with the authority time limitations herein and unless such grievances are so presented, the right to resolve file such grievance shall be waived. Any grievance not appealed to the grievancenext succeeding step within the time limits specified will be considered withdrawn and not eligible for further appeal. Time limits may be waived by agreement of the Parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For The Union and CSC accept the purposes problem-solving, interest-based approach in the resolution of this Agreementgrievances; * The Union and CSC have a mutual commitment to using a problem- solving, interest-based approach in the resolution of grievances; * Resolution of a grievance at the lowest possible level is defined as: (a) A difference arising between always encouraged; * Complete disclosure of information shall be made at the parties relating to lowest possible level; * There shall be flexibility in the interpretation, application, administration, or alleged violation problem-solving process for resolution of the Agreement including any question as to whether a matter is arbitrablegrievance at step 1. (b) X. Xxxxxxxxx at step 1 The dismissal, discipline or suspension employee will have a total of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-twenty one (21) calendar days excluding holidays from the date of referral occurrence of the circumstance(s) giving rise to a potential grievance or from the date of the employee’s first knowledge of the occurrence to grieve at both step 1 and step 2. Demotions, reductions in pay, suspensions without pay, and dismissals shall be immediately elevated to step 2. 1. An employee, with or without Union representation, must, discuss the problem or issue with the person responsible for the decision or action giving rise to the grievance, to define the issue, and to resolve the issue if possible. 2. If the issue cannot be resolved in A1, the employee must give a written notice of intent to file a grievance to the person responsible for the decision or action giving rise to the grievance. No grievance may be filed without taking this step. X. Xxxxxxxxx at step 2 1. A grievance at step 2 shall be initiated by the filing of a written grievance, with the person responsible for the decision or action giving rise to the grievance. 2. All written grievances shall include the following information. Grievances filed which are deficient in one or more of the items noted in "a" through "f" below shall be returned to the person who filed the grievance for conformance with these requirements, and the time period to file the grievance shall be extended by five (5) additional working days, beginning on the date the grievance is returned. a. The name and position of the employee on whose behalf the grievance is brought. b. The date of the circumstances giving rise to the grievance, and the date the employee had first knowledge thereof. c. A clear and concise statement of the grievance, including the relevant facts which give a full and objective understanding of the employee's grievance. d. The specific Article, Section or provision of this agreement alleged to have been violated. Ambiguous statements such as “any Article or Section which may apply" shall not be considered in compliance with this Section. e. The remedy or relief sought by the employee. f. The signature of the person submitting the grievance and the date of its submission. 3. The person responsible for the decision or action giving rise to the grievance shall meet, if requested, with the aggrieved employee, union representative, and supervisor to clarify issues and facts presented in the grievance. The person responsible for the decision or action giving rise to the grievance shall respond in writing to the person filing the grievance within fourteen (14) calendar days following receipt of the required grievance documents, 4. If the aggrieved employee is not satisfied with the written response, the aggrieved employee and/or the Union may elevate the grievance to step 3. X. Xxxxxxxxx at step 3 If the person responsible for the decision or action giving rise to the grievance, is the Executive Director, both parties agree that the grievance at step 3 goes immediately to the XXX requesting the assistance of a mediator. 1. Within fourteen (14) calendar days following the written response at step 2, the aggrieved employee and/or the Union shall file with the executive director (or his/her designee) all of the grievance materials that are required to Step Three be filed with the department director at step 2, together with the written response of the person responsible for the decision or action giving rise to discuss the grievance, or a statement that the person responsible for the decision or action giving rise to the grievance failed to respond within the time limit established herein. 2. Upon the filing of the grievance at step 3, the executive director (or designee) shall, within fifteen (15) days of receipt of the grievance either: a. Conduct whatever investigation the executive director (or designee) deems necessary to satisfy her/him of the facts surrounding the grievance. At this step Those facts which the executive director (or designee) finds to be determinative of the grievance procedure, each party shall provide as well as his or her conclusion as to the other merits of the grievance shall be forwarded to the aggrieved employee and the Union; or b. request the assistance of a statement of facts and copies of all relevant documentsmediator skilled in interest-based conflict resolution from the state Employment Relations Board to serve as facilitator or another skilled facilitator in an attempt to resolve the issue. The findings or decisions of Union, the Employer grievant and witnesses shall be presented required to participate in this process in good faith at times mutually agreed to by the Union in writing within seven Union, the executive director (7or designee) and the facilitator. 3. In the event the interest-based conflict resolution process of subsection (a) above fails, the executive director (or designee) shall have fourteen (14) calendar days from the date of the meetinginterest-based process to forward the facts and conclusions to the Union. If the grievance is elevated to step 4, the parties shall be strictly limited to all facts and the issues raised at the first three steps. X. Xxxxxxxxx at step 4 1. Grievances unresolved at step 3 shall be elevated to step 4 as follows: a. Within fourteen (14) calendar days following the delivery of the executive director's (or designee) written findings of fact and conclusion as to the merits of the grievance to the aggrieved employee and/or Union, CSC and the Union may mutually agree upon a private arbitrator. b. If CSC and the Union do not settled at this stepagree on a private arbitrator within the time limits herein, CSC shall within fourteen (14) calendar days, request a list of potential arbitrators from the Oregon State Conciliator. Within ten (10) working days of the receipt of the list of potential arbitrator's from the Oregon State Conciliator by CSC, final selection shall be accomplished by CSC and the Union alternately crossing off one of the five (5) named arbitrators until only one remains. The party who strikes the first name shall be selected by lot. At any stage of the selection process, either party may refer reject the entire list once and request an alternate list from the State Conciliator. The arbitrator shall be notified of her/his selection to arbitrate the disputed issue(s), and copies of all grievance documents shall be mailed to the selected arbitrator by the executive director (or designee). c. Alternately, the Union may file with the executive director (or designee) a notice of intent to arbitrate, which shall extend the time for formal arbitration under Articles 7 or 8 within twenty-one for up to thirty (2130) calendar days from the date of filing the notice of intent. 2. The decision of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting arbitrator shall be final and binding on the parties; however, the arbitrator shall not have the authority to resolve alter, modify, amend, vacate or change any of the grievanceterms or conditions of this agreement. This provision is not intended to prevent either party from any administrative or statutory relief they otherwise may have to appeal an arbitrator's award. The decision of the arbitrator shall be issued within thirty (30) days of the conclusion of the arbitration hearing. 3. Prior to the arbitration hearing, if either party discovers new information or evidence not previously considered at step 3 of this procedure, the parties may mutually agree to reconvene at step 3 to consider the new information or evidence, and to include the information or evidence in the step 3 official grievance record. If the parties agree to reconvene, their meeting may not delay an already scheduled arbitration hearing unless there is a mutual written waiver, and unless there is mutual written agreement as to the liability for payment of the arbitrator's cancellation fee. 4. Upon mutual agreement, the parties may request Grievance Mediation through the Conciliation Service of the Employment Relations Board. Both parties shall share equally in the cost. 5. Nothing in this Article is intended to prevent a mutually acceptable settlement prior to or during the arbitration procedure. 6. If arbitration is utilized, all arbitration costs incurred shall be borne entirely by the losing party.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE. For Section 3.1. Any difference or misunderstanding involving the purposes interpretation or application of this AgreementAgreement or a work practice which may arise between an employee or the Union covered by this Agreement and the County concerning wages, hours, working conditions or other conditions of employment shall be handled and settled in accordance with the following procedure: Step 1. Any employee who has a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, first discuss it with his immediate supervisor with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days presence of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employeexxxxxxx at his option. If the grievance is not settled at this step: Then within seven (7) calendar days of resolved between the Step One meetingemployee with or without the xxxxxxx and the immediate supervisor, the grievance shall be reduced to writing, signed in triplicate, on a form provided by the employee Union and the Union shall request a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or meeting with the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet within ten (10) working days after the supervisor's answer to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replyemployee. If the grievance is resolved between the employee and the supervisor, the Union shall be notified of the settlement. Step 2. The hearing shall consist of a meeting with the department head and the xxxxxxx and aggrieved and/or other representatives of the Local. The department head shall give his answer in writing to the Union representative who signed such grievance within four (4) working days of this meeting. Step 3. In the event the grievance is not settled at this stepsatisfactorily adjusted in Step 2, Then the Union may appeal the grievance to Step 3 by notifying within ten (10) calendar days of receiving the completion of Step Two response2, the Union Committee or its delegateCounty in writing. This appeal shall state the name of the aggrieved, shall notify the Company in writing that date of the grievance will proceed to Step Threegrievance, the subject and the relief requested. The Company and Union will meet within twenty-one (21) calendar days of referral County shall give its disposition of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within fourteen (14) calendar days. Step 4. All grievances which cannot be adjusted in accord with the above procedure may be submitted for decision to an impartial arbitrator within ten (10) working days following receipt of the County's answer in Step 3 above. The arbitrator shall be selected by mutual agreement of the parties; or, if no such agreement can be reached within five (5) days after notice of appeal to arbitration, the Union or the employer may request two (2) panels of seven (7) calendar days arbitrators from the WERC. The arbitrator shall be selected from the panel by each party alternately striking a name from the panel until only one name remains, the party desiring arbitration striking the first name. Expenses of the meeting. If arbitrator shall be shared equally by the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 10.01 It is mutually agreed that it is the purposes spirit and intent of this Agreement to adjust, as quickly as possible, grievances arising from the application, administration, interpretation or alleged violation of this Agreement. However, no other grievance will be accepted, processed or arbitrated. 10.02 In the event of a dispute between any member or members of the bargaining unit and the Company, in reference to the application, administration, interpretation or alleged violation of this Agreement, the following shall be the procedure for the adjustment and settlement thereof: 1: When a grievance arises the employee(s) and/or the Union Xxxxxxx shall discuss the matter with the Department Manager concerned within seven (7) days from the date the employee knew or ought to have known of the incident which gave rise to the grievance. The Department Manager shall provide the griever or xxxxxxx with an oral answer before the end of the next work day. 2: In the event that the grievance is defined as:not resolved in the first step, the grievance shall be reduced to writing and a copy thereof delivered to the Department Manager (or his/her delegate) within seven (7) days of the arising of such grievance. A copy shall also be simultaneously delivered to the employee designated by the Union as the chairperson of the Grievance Committee. The grievance shall be discussed at a meeting with the Director (or his/her delegate) the Union Chairperson, the Griever and the Local Grievance Committee consisting of not more than two (2) members. Such meetings shall take place within seven (7) days of the request for a meeting. Appropriate records of such meetings shall be kept. 3: If the grievance is not recorded as settled within seven (a7) A difference arising between days after the meeting described in Step 2, the dispute shall be referred to the Director of Operations or delegate, the Union Staff Representative, the Unit Chairperson and the griever for further discussion and consideration. Such meetings shall take place within seven (7) days of the request for a meeting. Appropriate records of such meetings shall be kept. In the event that the representatives of the Company and the Union cannot reach an agreement, the dispute may, by written notice of either party to the other party, be submitted to final and binding arbitration within thirty (30) days after the meeting described in Step 3. The parties shall, within seven (7) days of the sending of the notice requesting arbitration, select a mutually acceptable arbitrator. If the parties relating are unable to agree on the interpretationselection of an arbitrator within the time limits prescribed, application, administration, or alleged violation the Federal Minister of Labour can be requested to appoint the Agreement including any question as to whether a matter is arbitrablearbitrator. (b) The dismissal10.03 Notwithstanding Article 10.2, discipline any grievance concerning the suspension or suspension discharge of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employeesubmitted directly to the Director of Operations or delegate at Step 2, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence discharge. 10.04 The Company can grieve any action of the grievance. The supervisor will respond within three working days Union or of discussing the grievance with the employee. If the grievance is not settled an employee commencing at this step: Then within seven (7) calendar days Step 2 of the Step One meetingGrievance Procedure and the same individuals will be involved at each step as set out herein. 10.05 If either of the parties to this Agreement considers that the Agreement is being misinterpreted, or violated in any respect by the other party in a manner that affects the unit as a whole, the grievance shall matter may be reduced to writing, signed by discussed between representatives of the employee Company and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is if not settled at this stepsatisfactory settled, either party may refer the matter directly to Step 3 as a policy grievance. Similarly, any grievance by the employer is to commence at Step 3. 10.06 Any time limit mentioned under the grievance procedure shall exclude Saturdays, Sundays, Statutory Holidays and vacation or sick leave of the employee concerned and may be extended by mutual consent. 10.07 Employees shall suffer no loss of pay or other benefits if required to attend grievance meetings with the Company during their normal shift. 10.08 The arbitrator shall not make any decision inconsistent with the provisions of this Agreement, with the residual rights that management has or with management's exercise of those rights. The arbitrator shall not alter, modify or amend any part of this Agreement. 10.09 No matter may be submitted to arbitration, which has not been properly carried through all previous steps in the manner, time and order specified herein. 10.10 Any complaint or grievance which is not commenced or processed through to the next stage of the grievance or arbitration procedures within the time specified in the Agreement shall be deemed to have been dropped. However, the limits specified in the grievance procedure may be extended by the employer and the union, in writing, provided that such extension for any one grievance shall not be a waiver of the time limits for any subsequent grievances. If the responding party fails to respond to a grievance of the other party within the time allotted herein, the grieving party shall have the right to advance the grievance to the next step. 10.11 No matter may be submitted to arbitration under Articles 7 or 8 within twenty-one (21) calendar days which has not been properly carried through all requisite steps of the presentation grievance procedure within the timeliness specified. Any and all time limits referred to under the grievance and arbitration procedures herein are mandatory and may be extended only by written agreement between the Employer and the Union. 10.12 It is agreed that a settlement of this decision. The Employer agrees that their representatives at any grievance under the Step 3 meeting have the authority grievance procedure shall not be construed as a precedent and shall not be binding on either party in respect to resolve the grievanceany other grievances.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For 10.01 An employee with the purposes assistance of this Agreementhis/her Committeeperson, having a grievance is defined aswill discuss the matter with his/her supervisor, and the supervisor will give an answer to the employee. Should the matter be unresolved following such discussion, it will be dealt with as speedily and effectively as possible in accordance with the following procedure: (a) A difference arising between Step 1 The employee will state the parties relating grievance in writing on employee grievance forms to be supplied by the Company, and must normally sign the grievance, provided that it will be optional for the Company to decline to consider any grievance, the alleged circumstances of which originated or occurred more than seven (7) regular working days prior to its presentation. In the case of disputed standards, the time will be extended from seven (7) to ten (10) regular working days from the date the product is first run after issuing of the standard. Any employee having a grievance dealing with a matter covered by this Agreement will, with assistance and signature of his/her Committeeperson, submit the matter in writing to his/her supervisor, who will return written disposition of the grievance to the interpretationCommitteeperson not later than two (2) regular working days after receiving it. In disputes regarding standards, application, administration, or alleged violation the Company will answer the grievance no later than five (5) regular working days following receipt of the Agreement including any question as grievance; and during this time, both the Union time study representative and the Company will have an opportunity to whether a matter is arbitrablefully examine and study the disputed standards. (b) The dismissal, discipline or suspension Step No. 2 If the decision of an employee bound by this agreement. Disciplinary action grievable by the supervisor is not satisfactory to the employee shall include concerned the grievance will be placed upon the agenda for consideration at the next regular conference between the Company and the Union at the next Master Committee or Local Agenda meeting. The Company (or in the case of a Company grievance, the Union), will give its written censures, letters of reprimanddecision on the grievance within five (5) regular working days following such Local Agenda meeting or Master-level conference, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall the matter may be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member referred thereafter to arbitration by either party notifying the other party in writing of their desire to proceed to arbitration no later than forty-five (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (745) calendar days following receipt of the meeting, answer given following the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify meeting between the Company in writing that and the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceUnion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For In the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension event of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has having a grievance, his/her the settlement of said grievance shall be settled as follows: handled under the following procedures: 1. The individual employee, with or without a his/her Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance matter with his/her immediate supervisor or department head alternate within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is Should a settlement not settled be agreed upon at this step: Then within seven (7) calendar days of the Step One meeting, the then: 2. The grievance shall be reduced to writing, signed by the employee and a the Shop Xxxxxxx or Union Committee member member, and shall be presented to the immediate supervisor or alternate by the department head by a Shop Xxxxxxx Xxxxxxx, or a Union Committee member. The parties will meet to , who shall discuss the grievance. Within seven (7) calendar days following of receipt of the meetinggrievance, the supervisor or the department head shall give his/her written reply. If the grievance is not settled Failing a satisfactory settlement at this stepstage, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed then prior to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this meeting at step of the grievance procedure3, each party Party shall provide to the other a statement of facts and copies of all relevant documents. 3. The findings grievance shall be a matter of discussion between the Union Secretary-Business Manager or decisions his/her representative, with or without the Union Committee and the Executive Director or his/her designated representative. 4. If at Step (2) or (3) of the Employer shall be presented above procedure more than two (2) months pass before proceeding to the Union next step of the grievance procedure or to arbitration, either Party may enquire, in writing writing, by registered letter, as to the status of such grievance. If, within seven fourteen (714) calendar days of receipt of such letter, the meeting. If the grievance is Union has not settled at this step, either party may refer advanced the grievance to arbitration under Articles 7 the next step, or 8 the Employer or the Union has not referred the grievance to arbitration, the grievance will be deemed to be abandoned. 5. Either Party to the Collective Agreement, within twenty-one (21) calendar 45 days following completion of the presentation grievance procedure, may refer any difference or grievance under the Collective Agreement to the Ministry of this decisionLabour Section 87 of the Labour Code. Until the process is exhausted, time limits for arbitration and Troubleshooter will be held in abeyance. If an arbitration or Troubleshooter hearing has been scheduled, use of Section 87 will not delay the scheduled hearings. The Employer agrees that their representatives at Parties may request the Step 3 meeting have the authority Officer to resolve the grievancemake recommendations or binding recommendations upon mutual request.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, 9.1 Where a grievance is defined as: (a) A difference arising arises between the parties relating to the interpretation, applicationapplication or administration of this Collective Agreement, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, the matter may be taken up through the Grievance Procedure and determined, if necessary, by arbitration. (b) The dismissal, discipline or suspension 9.2 There shall be an xxxxxxx effort on the part of an employee bound by this agreement. Disciplinary action grievable by both parties to settle such grievances promptly through the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. following steps. Step 1: If an employee a dependent contractor has a grievancecomplaint which has not been adjusted to the dependent contractor’s satisfaction, his/her it may be taken up as a grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence circumstances giving rise to the grievance becoming known to the dependent contractor, but not after seven (7) days. Any grievance submitted after the seven (7) day deadline shall be deemed to be abandoned. A grievance shall be submitted in writing to the Company’s office. The Company shall reply in writing within seven (7) calendar days. Step 2: Failing settlement of the grievance. The supervisor will respond within three working days grievance at Step 1, a meeting shall be arranged between the grievor and the representative of discussing the grievance with the employee. If the grievance is not settled at this step: Then Company within seven (7) calendar days from the date of the Step One meeting, the grievance 1 answer. The grievor shall be reduced to writingaccompanied by a Chairperson and, signed if deemed necessary by the employee and Union, he shall also be accompanied by a Shop Xxxxxxx or Union Committee member and National Representative and/or the Local President of the Union. Step 3: Should the parties fail to reach a satisfactory settlement in the preceding steps, a meeting shall be presented to arranged between the immediate supervisor or Union and the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within Company within seven (7) calendar days following from the date of the Step 2 answer. The National Representative and/or the Local President shall be present at all Step 3 meetings. The Company shall provide an answer to the Union within seven (7) days from the date of the Step 3 meeting. 9.3 Failing settlement under the above of any differences concerning the interpretation, administration, application or alleged violation of this Collective Agreement, the supervisor or grieving party may refer the department head shall give his/her written replygrievance to a single Arbitrator within seven (7) calendar days from the date of the Step 3 answer. If the grieving party does not refer the grievance is not settled at this step, Then to arbitration within ten seven (107) calendar days from the date of receiving the Step Two response3 answer, then the grievance shall be deemed to be abandoned and cannot proceed to arbitration. 9.4 A Union policy grievance or Company grievance may be submitted to the Company or the Union, as the case may be, in writing, within seven (7) calendar days from the time the circumstances upon which the grievance is based were known, or should have been known, to the grievor. The meeting between the Company and the Union Committee or its delegate, shall notify be held at Step 3 of the Company in writing that the grievance will proceed to Step ThreeGrievance Procedure. The Company and or the Union will meet within twenty-one (21) calendar days of referral of agrees to reply to the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of after the said meeting. If Failing settlement under the grievance is not settled at this stepabove, either the grieving party may refer the grievance to arbitration under Articles 7 or 8 a single arbitrator within twenty-one seven (217) calendar days from the date of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting answer. If the grieving party does not refer the grievance to arbitration within seven (7) calendar days from the date of the Step 3 answer, then the grievance shall be deemed to be abandoned and cannot proceed to arbitration. 9.5 Without limiting the generality of the language in Articles 9.3 and 9.4 above, the parties agree that any grievance which is not commenced in accordance with the timelines set out in Article 9, or any grievance which is not processed through the next stage of the grievance or arbitration procedure within the time limits specified in Articles 9, 10 and 11, shall be deemed to have the authority been abandoned and cannot proceed to resolve the grievancearbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For 1. The Guild shall designate a committee of its own choosing to take up with the purposes Employer or authorized representative any disputes regarding the interpretation of this Agreementagreement, discharges, discipline, wages and/or other terms and conditions of employment. 2. Before filing a formal grievance is defined as:and within fifteen (15) calendar days after the employee or the Guild knew, or by reasonable diligence should have known, the facts giving rise to the dispute, the Guild shall bring the matter to management’s attention and agrees to attempt to resolve any issue or dispute through discussions with managers or the Employer’s designated representative. 3. Within five (a5) calendar days after completing such discussions without resolution, the Guild may choose to file a written grievance as provided below. Written grievances submitted after the five (5) calendar-day time limit are untimely and will not be addressed. The written grievance shall explain the dispute, include a specific statement of the remedy sought, and request a meeting regarding the dispute. 4. A difference arising between grievance meeting shall be held as promptly as possible after the Publisher receives the written grievance but, in any case, within fifteen (15) calendar days thereafter. A grievance committee of not more than three (3) bargaining unit employees designated by the Guild shall meet with the designated representative of the Employer and shall discuss the grievance. The Guild may substitute TNG-CWA local or national representatives for up to one (1) grievance committee members. 5. If the parties relating resolve the dispute, the resolution shall be promptly reduced to writing and signed by at least one representative for each party. If the parties are not able to resolve the dispute, the Employer’s designated representative shall respond to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. grievance in writing within five (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (75) calendar days of the occurrence of meeting, or either party may motion to refer the grievance. The supervisor will respond within three working days of discussing dispute to the grievance with the employeeresolution step. 6. If the grievance resolution step is not settled at this step: Then within seven requested the Guild has fifteen (715) calendar days from the Guild’s receipt of the Step One meeting, Company’s written response to the grievance shall be reduced committee meeting to writing, signed by submit the employee and a Shop Xxxxxxx or Union Committee member and shall be presented dispute to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written replyArbitration. If the grievance resolution step is not settled at this step, Then within requested a meeting shall take place no later than ten (10) calendar days from the Guild’s receipt of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that Company’s written response to the grievance will proceed to Step Threecommittee meeting. The Company and Union will meet within twenty-one (21) calendar days of referral of For the grievance to Step Three to discuss the grievance. At this step of the grievance procedureresolution step, each party shall provide appoint two representatives to participate in the resolution discussions. The purpose of the resolution step is to seek agreement on a compromise. Upon mutual agreement of the parties to assist in the resolution step, a request for mediation may be made to the other Federal Mediation and Conciliation Service (FMCS). 7. In the event the procedure in Sections 1 to 6 above does not result in a statement of facts and copies of all relevant documents. The findings or decisions resolution of the Employer shall grievance and/or the Publisher fails to respond within the five (5) calendar day time period in Section 5, the Publisher or the Guild may submit the matter to arbitration. To be presented to the Union in writing timely, a demand for arbitration must be served within seven fifteen (715) calendar days after the Publisher’s written response to the grievance or the expiration of the meetingfive (5) calendar-day time period for such response, whichever is later. 8. At any time prior to or after a grievance is submitted to arbitration, by mutual agreement, the Publisher and the Union may hold settlement discussions in an attempt to resolve the grievance prior to arbitration hearing. 9. Individual grievances may include an issue affecting multiple employees, but separate grievances may not be consolidated for arbitration unless the Parties agree to do so in writing. 10. In the event that the dispute is not submitted to arbitration or is not timely submitted to arbitration, the matter shall be deemed closed, withdrawn, and waived. 11. If the grievance parties cannot agree on a satisfactory arbitrator, then an impartial arbitrator shall be selected from an arbitration panel obtained from the Federal Mediation and Conciliation Service (FMCS). The party demanding arbitration shall request a panel of seven arbitrators, including the special requirement that the arbitrators on the panel be members of the National Academy of Arbitrators. If the parties cannot agree on one of the seven arbitrators listed on the panel, the Parties shall alternately strike names from the list until one arbitrator remains and is not settled therefore selected. 12. After an arbitrator is selected, the arbitration hearing shall be held promptly. Each party shall bear its own expenses of preparing and presenting its own case at this stepthe hearing. The costs of such arbitration shall be borne equally by the Publisher and the Guild, either except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent. Either party may refer request that a certified court reporter record the proceedings and that such transcript shall be the official record. The party requesting the certified court reporter shall pay the court reporter’s fees and pay for copies of the transcript for itself and the arbitrator; the other party shall pay the cost of a copy of the transcript for itself, if requested. 13. The arbitrator shall limit his/her decision to the application and interpretation of the provision(s) of this Agreement and shall have no power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision on the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days presented for resolution. 14. The award of the presentation of this decisionarbitrator shall be in writing, and shall be final, conclusive, and binding on the Publisher, the Guild, the grievant(s), and the employees(s) involved. 15. The time limits contained in this Article are considered to be of the essence, but the Parties may mutually agree in writing to extend such time limitations. 16. Any time spent by bargaining unit employees addressing issues related to this Article during scheduled work time will be unpaid by the Company. Unpaid bargaining unit employees may, with news department management approval, make up the unpaid time. 17. All of the procedures, processes and time limits reflected in this Article shall apply equally to the Employer agrees that their representatives at should the Step 3 meeting have Employer decide to pursue an alleged contract violation by the authority to resolve the grievanceUnion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsStep 1: The employee, with employee or without a Shop Xxxxxxx or the Union Committee member (at the employee's option), shall first discuss reduce the grievance with his/her immediate supervisor or department head to writing, sign and file it within seven fourteen (714) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing which gave rise to the grievance with the employee. If the grievance is not settled at this step: Then or within seven fourteen (714) calendar days of when he/she/the Step One meetingUnion knew or should have known of the occurrence, whichever last occurs. An employee shall file his/her grievance with the Union or directly with the Chief within the time provided above. If the employee files directly with the Chief, the grievance shall be reduced to writing, signed by include: a. A statement of the employee grievance and a Shop Xxxxxxx brief statement of the facts involved. b. The remedy requested. c. The Article and Section of the agreement which grievant claims has been violated. The Union shall have no obligation or Union Committee member and right to process a grievance filed directly with the Chief, but shall be presented notified of the Step 3(A) grievance meeting and arbitration, if any, involving a direct filed grievance. Step 2: The Union Grievance Committee upon receiving a written and signed grievance not filed directly with the Chief under Step 1 above shall determine if a grievance exists. If in its opinion no grievance exists, no further action is necessary and the grievance shall not be subject to resolution under this contract. a. For grievances filed by employees directly with the immediate supervisor Chief, the Chief or his designee, shall meet with the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet grievant to discuss and attempt to resolve the grievance. Within seven grievance within fourteen (714) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If after the grievance is not settled at this stepfiled with the Chief. b. For grievances filed under Step 2, Then within ten (10) calendar days of receiving the Step Two response, if the Union Grievance Committee or its delegatebelieves a grievance does exist, shall notify the Company as soon as reasonably possible but in writing that the grievance will proceed to Step Three. The Company and Union will meet within no event not more than twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If after the grievance is not settled at this stepfiled with the Union, either party may refer the Union Grievance Committee shall, with or without the physical presence of the aggrieved employee, present the grievance in writing, and signed by the Committee Chairman, to arbitration under Articles 7 the Chief for adjustment. The grievance shall include: • The name or 8 classification of the grievant(s). • A copy of the Step 1 grievance showing the date originally filed. • The remedy requested. • The Article(s) and Sections(s) of the CBA claimed to be violated. c. The Chief shall respond within twenty-one (21) days. Step 4: Within twenty-one (21) calendar days after the Chief's decision in Step 3(c); if the grievance has not been settled, the Union or the employee shall submit the grievance to the Commissioners for review at their next regularly scheduled meeting. The Commission shall render a decision or decide to waive review not later than at its next regularly scheduled meeting. Failure to make a decision shall be deemed a waiver. A waiver by the Commission shall be deemed an adoption of the presentation of this decisionChief's position. The Employer agrees that their representatives at Chief shall notify the Step 3 meeting have Union in writing of the authority Commissions' decision, waiver or failure to resolve the grievancemake a decision within twenty-one (21) days.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For All grievances shall be processed in accordance with the purposes of this Agreementfollowing procedure. The Union may elect to skip Step One and file grievances at Step Two. Grievances over dismissal will begin at Step Two. Step One – Supervisor, Manager or Designee If the issue is not resolved informally, the Union may file a written grievance is defined as: (a) A difference arising between the parties relating to the interpretationsupervisor or designee, applicationand the Labor Relations office (xxxxxxxx@xx.xxx). The Employer will designate a supervisor, administrationmanager or designee who will meet in person, virtually, or alleged violation confer by telephone with a union xxxxxxx and/or staff representative and the grievant(s). The date of the Agreement including any question as to whether a matter is arbitrable. meeting will be mutually agreed upon within fifteen (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (715) calendar days of the occurrence receipt of the grievancegrievance and when possible, the meeting will take place within the aforementioned fifteen (15) calendar days. The supervisor format for the meeting will be by mutual agreement. The employer will respond in writing to the Union within three working fifteen (15) calendar days of discussing after the grievance with meeting. The Human Resources Consultant may also attend, if desired by the employeeUniversity. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not settled have authority to resolve the grievance, the grievance will be presented at this step: Then within seven (7) calendar days the level having authority to act as determined by the Employer. Resolutions at the First Step, although final, shall not be precedential. Step Two – If a satisfactory resolution is not reached in Step One, said grievance may be moved to the Step Two by filing the written grievance, including a copy of the Step One meetingdecision to department head, designee, or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. In the case where Step One is bypassed, the grievance shall must be reduced filed to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral from the occurrence of the events giving rise to the grievance to Step Three to discuss or from the time at which the aggrieved individual should reasonably have become aware of the grievance. At this step The date of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall meeting will be presented to the Union in writing mutually agreed upon within seven fifteen (715) calendar days after notice of the meetingfiling at Step Two and when possible the meeting will take place within the aforementioned fifteen (15) calendar days. If The grievant may be represented by a xxxxxxx and a Union staff representative. The University will be represented by the grievance is not settled at this stepappropriate management official(s) or designee(s), either party may refer a representative from the grievance to arbitration under Articles 7 or 8 Office of Labor Relations, and a Human Resources Consultant, if desired by the University. The University will respond in writing within twenty-one (21) calendar days of after the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancemeeting.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a 1103 A grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall must be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral after the occurrence of the grievance in order to be considered timely. 1104 Step Three to One 1105 An employee who believes that a justifiable request or complaint exists will first discuss the grievancerequest or alleged complaint in a meeting with the immediate supervisor in an attempt to resolve the problem. At this step The Grievance Committeeperson may be present as the employee wishes. The supervisor shall give the aggrieved employee a verbal answer within twenty-four (24) hours of the grievance procedure, each party shall provide initial complaint meeting. 1106 In the event the complaint is not adjusted to the other a statement satisfaction of facts the employee, the grievance shall be reduced to writing within five (5) calendar days on forms provided by the Employer, and copies of all relevant documentssigned by the employee and the Grievance Committeeperson. The findings or decisions of the Employer shall completed grievance will be presented dated, and delivered to the Union in writing supervisor by the Grievance Committeeperson. 1107 The supervisor must then answer, sign and date the grievance and return the Union's copies to the Grievance Committeeperson within seven (7) calendar days following the date the issue was presented in writing to Step One. 1108 Step Two 1109 In the event the grievance is not settled in Step One, a written notice of appeal to Step Two shall be served within seven (7) calendar days following the Step One answer. The appeal shall state the subject matter of the meetinggrievance, give the identifying number, and the objections of the appealing party to the previous answer. 1110 A Step Two grievance hearing will be held on a mutually agreeable date usually not more than fifteen (15) calendar days following the appeal. The Step Two hearing must include the Hospital Administrator or designee and/or Clinics Administrator or designee, the Human Resources Department Representative, and the Grievance Committee, the grievant and any others the parties feel are knowledgeable toward the full presentation of information. 1111 Minutes may be kept on Step Two meetings by the respective parties at their discretion. 1112 Unless mutually extended, the Employer will have ten (10) calendar days in which to give its answer to the Step Two hearing. 1113 Step Three 1114 If the grievance is not settled at this stepin Step Two, either party may refer the grievance a written notice of appeal to arbitration under Articles 7 or 8 Step Three shall be served within twenty-one seven (217) calendar days following answer of the grievance in Step Two. The appeal notice shall again state the subject matter of the grievance, give the identifying number, and the objections of the appealing party to the previous answer. 1115 A Step Three grievance hearing shall be held upon a mutually agreeable date usually not more than fifteen (15) calendar days after appeal. Representatives of the Employer's Regional offices and representatives of the International Union, or their designees, shall conduct a hearing with the purpose of attempting to settle the grievance. 1116 In addition to the International Union Representatives who participate in Step Three of the grievance procedure, the Grievance Committee will be permitted to participate. Other Company and/or Union witnesses who may participate in this step will do so only to the extent of the presentation of this decisionevidence pertinent to resolving the problem. The Employer agrees that their representatives at 1117 Either party may request a further statement of facts to be made available not later than five (5) calendar days preceding the date for the Step 3 meeting Three meeting. 1118 The total number of meetings required in Step Three to reach a satisfactory conclusion shall be determined jointly between the representatives of the parties. 1119 Unless mutually extended, the Employer will have fifteen (15) calendar days following the authority final hearing in which to resolve give its answer to the grievanceStep Three hearing. 1120 Mediation 1121 The parties agree to the utilization, for selected grievances, of the following mediation procedure. Such process should occur following the Employer's Step Three response and prior to Union submission to arbitration.

Appears in 1 contract

Samples: Labor Management Agreement

GRIEVANCE PROCEDURE. For 9.01 It is the purposes mutual desire of this Agreement, a the parties hereto that any complaint or grievance is defined as: (a) A difference arising between an employee and the parties relating Employer with respect to the interpretation, application, administrationinterpretation, or alleged violation of this agreement shall be adjusted as quickly as possible. 9.02 It is generally understood that employees have no grievance until they have first given their immediate supervisor an opportunity to adjust the Agreement complaint. 9.03 If, after registering the complaint with the supervisor, such complaint is not settled within two (2) regular working days or within any longer period which may have been agreed to by the parties, then the following steps of the Grievance Procedure may be invoked: STEP ONE: The grievance shall be submitted in writing to the Supervisor through the Union. The Supervisor shall meet with the employee’s Union Xxxxxxx within two (2) regular working days of the receipt of the grievance in an attempt to resolve the grievance. The grievor may be present at this meeting if requested by either party. The Supervisor shall within a further two (2) working days answer the grievance in writing and return it to the Union. STEP TWO: If the decision of the Supervisor is not satisfactory, the grievance may be submitted to the next higher level of Employer, who shall, within two (2) regular working days, hold a meeting between the Union Plant Chairperson or Xxxxxxx and a higher representative of Employer in a further attempt to resolve the grievance. The grievor may be present at this meeting if requested by either party. Employer shall within a further two (2) regular working days give its answer in writing to the Union. STEP THREE: If the grievance remains unsettled at the conclusion of Step Two, it may be submitted to the Employer, which shall arrange to hold a meeting within two (2) regular working days between the Union grievance committee (not to exceed three (3) in number, including the Plant Chairperson) and the Vice President, Human Resources or his/her designated representative in a final attempt to resolve the grievance. The grievor and/or the Union’s staff representative or his/her designate may be present at this meeting. The Employer shall, within two (2) regular working days of this meeting give the decision in writing to the Union. 9.04 The Employer shall not be required to consider any question grievance which is not presented within ten (10) working days (including discipline and discharge) after the grievor first became aware, or should have become aware, of the alleged violation of the agreement. 9.05 If final settlement of the grievance is not reached at Step Three, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to a sole arbitrator as provided in Article 11 at any time within thirty (30) days of receipt of the Employer’s Step Three response, but not later. 9.06 Any grievance which is not made known within the time specified in this agreement or which is not processed through to whether the next step of the grievance procedure or which is not carried through to arbitration within the time specified in the agreement shall be deemed to have been dropped by the party initiating the grievance and, therefore, can no longer be processed through the grievance procedure or carried through to arbitration. 9.07 The Union or the Employer shall have the right to initiate a matter is arbitrablepolicy grievance or a grievance of a general nature, regarding the alleged violation of the collective agreement, beginning at Step Two of the Grievance Procedure, and all provisions of the grievance and arbitration Procedures shall apply to such grievances. Such grievances must be submitted within five (5) working days after the incident giving rise to the grievance. (a) The time allowance provided in this article may be extended by mutual agreement between both parties in writing. (b) The dismissalIf the time allowance, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable any extension thereof, is not observed by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee party who has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at allegedly violated the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meetingAgreement, the grievance shall will be reduced considered as advanced to writingthe next step of this procedure, signed by including arbitration. 9.09 When two or more employees wish to file a complaint arising from the employee same alleged violation of this agreement, such grievance may be handled as a group grievance and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled Employer beginning at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall One representative grievor may be presented to the Union in writing within seven (7) calendar days of the meeting. If present at the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancemeeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a A grievance is defined as: (a) A difference arising between the parties relating to a dispute concerning the interpretation, application, administration, application or alleged claimed violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline specific term or suspension provision of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports Employees presenting or performance evaluation. If an employee has filing a grievance, his/her individually or as a group, will be identified, by name, when the grievance is initially submitted. An employee may not grieve discharge or discipline imposed during the probationary period of employment. PEF shall have the exclusive right to represent any employee or employees, upon their request, at any Step of the grievance procedure, provided, however, individual employees may initiate and represent themselves in processing grievances in Steps 1 and 2. Both the Hospital and PEF will actively engage in efforts to secure prompt resolution of problems and grievances. The parties agree that most disputes can be, should be, and will be settled as followsresolved in oral discussions. In those cases where such is not accomplished, the following procedure shall apply: STEP ONE: The employeeEmployee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option)PEF, shall first discuss present the grievance with his/her immediate supervisor to the appropriate Department Head or department head a designated representative within seven ten (710) calendar work days of the occurrence date of the grievancealleged violation. The supervisor Department Head will respond in writing within three working five (5) work days. At the request of either party, a meeting will be held and the decision issued within five (5) work days of discussing the grievance meeting. Group grievances filed by the employees of more than one department will be filed at Step 2 of this procedure. STEP TWO: If unresolved, the employee or PEF shall file an appeal with the Vice President of Human Resources within five (5) work days of the receipt of the Step 1 decision. The Vice President of Human Resources shall meet with the employee and the PEF representative, if requested by the employee. If The Vice President of Human Resources will provide a written decision to the grievance is not settled at this step: Then employee and the PEF Council Leader within seven five (75) calendar work days of the Step One meeting. STEP THREE: If the issue remains unresolved, PEF will notify, in writing, the grievance shall Vice President of Human Resources of an intent to arbitrate. Such written notice must be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then given within ten (10) calendar days following receipt of receiving the Step Two response, 2 decision. Either party may request a panel of seven arbitrators from the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step ThreeFederal Mediation and Conciliation Service. The Company and Union selection will meet within twenty-one (21) calendar days of referral be made by each party striking names alternately from the list. The decision of the grievance impartial arbitrator will be final and binding upon the Hospital, PEF and the employee(s) involved. No Arbitrator has any power to Step Three to discuss amend, add to, subtract from or modify the grievanceterms of this contract. At this step The fees and expenses of the grievance procedure, each party shall provide to arbitrator will be shared equally by the other a statement of facts Hospital and copies of all relevant documentsPEF. The findings or decisions Grievances which are not processed in accordance with the time limitations established above will be deemed settled on the basis of the Employer shall answer given at the previous step. Time limits contained in the above procedure may be presented to waived by the Union in writing within seven (7) calendar days written and mutual consent of the meetingparties. If Where the individual to whom the grievance is not settled at this stepto be submitted is absent, either party may refer service will be deemed complete and timely upon delivery to the grievance to arbitration under Articles 7 Vice President of Human Resources or 8 within twenty-one (21) calendar days designee of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceHospital.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For The provisions of this Article shall be substituted for the purposes grievance procedure set forth in any Addenda. Should any dispute arise between the Employer and the employees, or the Employer and the Union concerning the application or inter- pretation of any provision of this Agreement, a grievance is defined asor concerning any term or condition of employment set forth in this Agreement, it shall be handled in the following manner: Step 1 - The complaint shall be discussed with the aggrieved employee, the immediate supervisor, and the Shop Xxxxxxx, within five (a5) A difference arising between working days of the parties relating known occurrence giving rise to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrablecom- plaint. Step 2 - If the complaint is not resolved in Step one (b) The dismissal1), discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by then the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Local Union Committee member (at the employee's option), representative shall first discuss the sub- mit a grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented in writing to the immediate supervisor or designated Company representa- tive on the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the designated grievance is not settled at this step, Then form within ten (10) calendar working days of receiving after the known occurrence giving rise to the grievance. Step Two response3 - If an agreement cannot be reached in the second step, the matter shall then be referred to the Local Union Committee or its delegate, shall notify Business Agent with- in ten (10) working days after receipt of the response of the Company in writing that the grievance will proceed to Step ThreeRepresentative. The Company Representative shall meet promptly with the Local Union Business Agent, the Shop Xxxxxxx and Union will meet the griev- ant within twenty-one ten (2110) calendar working days of referral of the grievance in order to Step Three reach an adjustment to discuss the grievance. At The Company Representative shall respond in writing to this third step meeting within three (3) working days of the meeting. Step 4 - Any grievance procedure, each party not resolved in Step three (3) shall provide proceed to the other a statement of facts and copies of all relevant documentsestablished local area Cartage Services or regional Cartage Services Grievance Panel. The findings or decisions of the Employer shall Cases deadlocked will be presented forwarded as fol- lows: UPS National Master Agreement (NMA) language will be dock- eted to the Union next National Grievance Committee; Cartage Services Supplemental language will be docketed to the next Joint National Cartage Services Grievance Committee; Discipline and Addenda/Rider language will be submitted to arbitration. Step 5 - If the parties fail to reach a decision or agree upon a settle- ment of any grievance in writing Step four (4), the grievance may be submit- xxx to arbitration. If the parties cannot agree upon an impartial arbitra- tor within ten (10) working days from the date arbitration is invoked, then the parties shall jointly request the AAA or FMCS, in accordance with area practices, to supply both parties with a list of seven (7) calendar days impartial arbitrators. Each party shall alternately strike one (1) name from the list and the name of the meetingperson last remaining on the list shall be designated as the arbitrator and his appointment shall be binding on both parties. If The arbitrator shall deal only with the grievance is not settled at matter which occa- sioned his appointment and his decision shall be final and binding upon both parties. In no case, however, may the arbitrator make a deci- sion which will in any way add to, subtract from, or alter the terms of this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days agreement. The fee of the presentation arbitrator will be shared equally by the Company and the Union. Notwithstanding the above, any grievance involving language in the NMA will be resolved in accordance with Article 8 of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceNMA.

Appears in 1 contract

Samples: Freight Pickup & Delivery Supplemental Agreement

GRIEVANCE PROCEDURE. For the purposes 1. The procedure for processing a grievance, except a grievance pertaining to matters general in nature or concerning a layoff, discharge or upgrade shall be as follows: Step One: When an employee has a complaint or problem that is an alleged violation of this Agreement, he/she or the Department Xxxxxxx, if requested by the employee, shall, within five (5) working days following the event or events on which the complaint or problem is based, notify his or her immediate Supervisor that they are requesting a grievance is defined as: First Step meeting. The employee's immediate Supervisor will then schedule a meeting within an additional five (a5) A difference arising between the parties relating to the interpretationworking days, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable which will be attended by the employee shall include written censuresand his Department Xxxxxxx or Senior Xxxxxxx, letters of reprimandif requested by the employee, and adverse reports or performance evaluationthe Supervisor . The Supervisor, the employee and the Department/ Senior Xxxxxxx are fully authorized to make every effort to resolve the complaint within the provisions of this Agreement. Grievances settled under Step One of this procedure are not precedent setting and are without prejudice to matters involving any other grievance and cannot contravene the language of the contract. If an the parties are unable to resolve the issue, a record that the meeting was held will be signed by those in attendance and made a part of the Second Step record. Step Two: If the matter is not resolved in Step One it may be reduced to writing, on a Step Two grievance form, signed by the aggrieved employee has a grievance, his/her and Department Xxxxxxx and filed with Labor Relations office within fourteen (14) working days following the event or events on which the grievance is based. The written grievance shall conform to Section D.2 of this Article. A Step 2 grievance meeting shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member held within fifteen (at 15) working days following the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days Company’s receipt of the occurrence Step Two grievance form to review the facts of the grievance. The supervisor Company will respond within three working days of discussing establish a schedule for Step Two meetings that is acceptable to the grievance with the employeeUnion. If the Company does not hold a Step Two meeting on a grievance is not settled at within the time periods specified herein, it will pay the full arbitrator’s fee for the next xxxx submitted to the parties by an arbitrator, notwithstanding the provisions of Article 24, Section F. Each Designated Organization’s liability under this step: Then within seven (7) calendar days of the Step One meeting, the grievance provision shall be reduced limited to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) payments per calendar days year. The Step Two grievance meeting will consist of receiving the following: For the Company: The Department Manager and a Labor Relations representative. In case of emergencies, the Department Manager will designate an individual with appropriate authority to settle the grievance. The designated individual will not be the same individual assigned to a previous step of the specific grievance, but will be at least an equivalent level to the Department Manager be at least one level above the individual assigned to Step One of the specific grievance. For the Union: A Union Business Representative and the Senior Xxxxxxx. The aggrieved, the Supervisor and the Department Xxxxxxx may be invited to participate in a portion of the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that meeting and be respectfully permitted to give a statement concerning the grievance will proceed and may be questioned as to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss facts surrounding the grievance. At this step If necessary, at the request of either party, the parties may jointly interview a reasonable number of additional bargaining unit and/or non-bargaining employees to obtain facts. The members of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer Step Two Grievance Committee shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority fully authorized to resolve the grievancegrievances based on the facts presented in the hearing within the provisions of this Agreement. After a review of the information gathered in Step Two, the Company shall give a written answer to the Senior Xxxxxxx within five (5) working days. Included in the written answer will be the name of the Company's Informal Representative should the matter not be settled at Step Two.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Section 1. A grievance shall be defined as a claim of an employee, or the purposes local Union, covered by the Agreement, which involves the interpretation, administration of, or compliance with a specific provision of this Agreement. An xxxxxxx effort shall be made to settle such grievances in accordance with the provisions of this Article. Section 2. All grievances must be submitted to the Employer in writing, on a form provided by the Union within thirteen (13) calendar days after the event or events giving rise to the grievance occurred or within thirteen (13) calendar days after those events reasonably should have been known. Section 3. At any time a Union representative or an aggrieved employee may elect to resolve a problem by first discussing it with a supervisor. If the problem is not mutually resolved, whether or not a discussion is held, a grievance is defined asshall be presented in writing to the Employer and it shall be processed in the following manner: (a) A difference arising between the parties relating Step 1 Grievances shall be presented in writing to the interpretationemployee’s Nurse Manager or supervisor, application, administration, or alleged violation of for discussion with the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an aggrieved employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her Union xxxxxxx. The grievance shall be settled as follows: identify the section of the contract allegedly violated and set forth a statement of the facts on which the employee is relying. The employee, with Nurse Manager or without a Shop Xxxxxxx or Union Committee member (at the employee's option)supervisor, shall first discuss schedule a discussion with the grievance with aggrieved employee and his/her immediate supervisor or department head Union xxxxxxx within seven (7) calendar days of the occurrence of after receiving the grievance. The supervisor will respond Nurse Manager or supervisor’s written answer shall be made available to the Union within three working fourteen (14) calendar days of discussing after the grievance with Step 1 discussion. Step 2 If no mutually acceptable conclusion is reached in Step 1., it must be submitted to the employee. If the grievance is not settled at this step: Then designated Human Resources representative within seven (7) calendar days after receipt of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance1 answer. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at after receipt of this step, Then the designated Human Resources representative shall meet with not more than two (2) Union representatives, one of whom may be an outside Union representative. Representatives of the Employer may include a like number. The designated Human Resource representative shall give the written decision of the Employer regarding the grievance to the Local Union President or designee within ten fourteen (1014) calendar days of receiving the following such meeting. Step Two response3 If no mutually acceptable conclusion is reached in Step 2, the grievance may be resolved by the Mini-Arbitration Procedure if mutually agreed to by the Employer and the Union Committee or its delegateas agreed upon by the parties and attached to this agreement as MOU #5, shall notify and pursuant to those guidelines. Should the Company in writing that matter necessitate formal arbitration the grievance will proceed party wishing to Step Three. The Company and Union will meet arbitrate must, within twenty-one ninety (2190) calendar days of referral after receipt of the grievance Step 2 answer, notify the other party in writing of its intention to Step Three to discuss the grievance. At this step of arbitrate the grievance procedure, each party shall provide to and subsequently notify the other Federal Mediation and Conciliation Service and request that a statement panel of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Step Two If the purposes grievance has not been settled in Step One within seven days from the of Manager or his notice in writing of its to meet with him in order to settle the grievance and shall a copy of the grievance in writing signed by the employee The grievance to be discussed shall be and shall or of the Agreement, if any, alleged to have been violated. The District Manager or his appointee, who shall have authority the matter, acknowledge receipt of the notice of the meeting in and sewn (7)working days of such receipt of grievance.The District Manager shall his reply in writing within seven(7)days of the.hearing of the grievance in Step Two. If a complaint or grievance is not settled to the satisfaction of either party at Step Two, then within (15) days receipt of the written reply from Step Two either party (subject to Article 1) may request that the grievance or be submitted to a board of three (3) arbitrators, one (I) to be by the Company, one (1) by the Union,and a agreed upon by If the two arbitrators fail to agree on the third member of the Labour of the member who shall be the shall be asked to select a third and upon the parties the member of the Board within one week after their appointment, the of by the Company and the Union. This Arbitration Board shall not make decisions inconsistent with the provisions of this Agreement, nor alter, modify, or amend any part of this Agreement No may be to arbitration which has not been properly processed to the prescribed grievance procedure. No person may be appointed to an Arbitration Board who involved in an attempt to negotiate a grievance is defined as: (a) A difference settlement of the Notices to be in shall be deemed to be properly given if given orally or by telephoneand by letter postmarked no later than the day for giving notice. Any arising directly between the parties relating Company and the Union as to the interpretation, application, administration, or alleged violation administration of the this Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound may be submitted by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each either party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.as set out below

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For Should any dispute arise between the purposes Company and the Employees or the Company and the Association as to the interpretation, application or alleged violation of any of the provisions of this Agreement, an xxxxxxx effort shall be made to settle such difference without undue delay in the manner set out in this Article. For the purpose of this procedure, a “working day” shall be defined as a company day of operation ie. Monday through Saturday exclusive of statutory holidays. Timelines within the grievance is defined as: (a) A difference arising procedure must be adhered to unless extensions are mutually agreed to between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) two parties. The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at considered abandoned unless the employee's option), shall first discuss parties have mutually agreed to the extension. Management and the employee are responsible to ensure that the grievance with his/her immediate supervisor procedure moves forward. Should responses not occur within the timeframes, the employee and/or the Association Representative can seek assistance from the Human Resource Manager. Grievances must be presented within three (3) working days of the incident. Should either party be absent during this time period, or department head within seven during the three (73) calendar and five (5) working day periods specified in Steps 1 through 3, the time limits may be extended to cover the duration of such absence(s). Step 1 Within three (3) days of the occurrence of the grievance. The supervisor will respond within three working days of discussing difference, the grievance employee with or without an Association Representative shall discuss the difference with the employeeimmediate supervisor. If an Association Representative is unavailable, any fellow employee may represent the employee at this stage in the procedure. If the grievance matter is not settled at this step: Then resolved within seven three (73) calendar days of the Step One meetingworking days, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented proceed to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee membernext step. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company Present your problem in writing that the grievance will proceed on a Grievance form to Step Three. The Company your Supervisor and Union will meet within twenty-one (21) calendar days of referral forward a copy of the grievance to Step Three to discuss your Human Resources Manager. If an Association Representative is unavailable, any fellow employee may represent the grievanceemployee at this stage in the procedure. At this step of If the grievance procedurematter is not resolved within three (3) working days, each party shall provide proceed to the other a statement next step. Note: In certain work areas, additional steps involving additional levels of facts and copies of all relevant documentsmanagement may be required before reaching Step 3. The findings or decisions time limit for resolving each of any additional step(s) is three (3) working days. Present the Employer shall be presented Grievance form to the Union Manager. If an Association Representative is unavailable, any fellow employee may represent you at this stage in writing the procedure. If the matter is not resolved in five (5) working days, the employee may proceed to Arbitration. 1. Grievances must be submitted to the Arbitrator within seven fifteen (715) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days completion of Step 3 of the presentation of this decisionGrievance Procedure. 2. Each grievance will be heard by a single independent Arbitrator. 3. The Employer agrees that their representatives at single Arbitrator will be chosen from the Step 3 meeting have following list: Xxxxx Xxxxx Xxxxx XxXxxxxxxx Xxxx Xxxxxx 4. The appointed Arbitrator can only apply the authority to resolve agreement, he cannot add/amend anything in the grievanceagreement. 5. During Arbitration, you may be accompanied by and represented by an Association Representative, if one is unavailable, any fellow employee. 6. The Company will pay the Arbitrator’s expenses. 7. The Arbitrator’s decision shall be final and binding.

Appears in 1 contract

Samples: Wage and Working Agreement

GRIEVANCE PROCEDURE. For 1. Any grievance by an employee as to the purposes meaning or application of any term or of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as followsprovided below. Step 1: An employee may present a grievance to their supervisor, in writing, not later than fifteen (15) working days after the grievable event, or of the employee learning of the grievable event. The supervisor shall give a written response to the grievance within ten (10) working days after it is received at this step. The response will explain the reason(s) for the response given. While employees are on assigned work time grievances shall not be solicited. If not resolved, the Union may advance the grievance to Step 2 of the grievance procedure by submitting the grievance, in writing, to the Operations Director no later than fifteen (15) working days after its receipt of the Supervisor’s Step 1 response. Step 2: The employeeOperations Director, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven designated representative, and up to three (73) calendar days other Company officials of his/her choosing, the President of the occurrence Local Union, or in his/her absence, a designee, the Chief Xxxxxxx, a Representative of the grievance. The supervisor will respond within three International, if requested by the Union, and such other persons as the Company and the Union mutually determine are necessary, shall meet to review and discuss the pending grievance not later than fourteen (14) working days of discussing after the Union advances the grievance with the employee. If the grievance is not settled at to this step: Then within seven (7) calendar . Within 15 working days after the conclusion of this discussion, the Company shall notify the Union in writing of its decision on the grievance. 2. In the event of failure of either party to comply with any of the Step One meetingtime limitations herein provided, unless mutually extended, the grievance shall be reduced deemed to writinghave been withdrawn or affirmatively accepted or approved, signed by as the employee and case may be. 3. No Employee with respect to whom a Shop Xxxxxxx or Union Committee member and shall grievance is pending will be presented summoned to the immediate supervisor or office of any representative of the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss Company for the purpose of discussing the grievance. Within seven (7) calendar days following the meeting, the supervisor wages, hours or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days other conditions of receiving the Step Two response, employment unless a representative of the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled present at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievancesuch discussion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 1. The Guild may appoint a committee to take up with The News any matter arising out of the purposes application of this Agreementcontract, or affecting the relations of the employees and The News. The News and the Guild agree to make every effort to settle every dispute, claim, difference or grievance arising out of this contract, or affecting the relations of the Guild and the employees with The News. Any such matter will be submitted by the complaining party in a letter to the other, briefly setting forth the facts giving rise to it, the ground of the complaint and the action sought. The Guild and The News will handle grievances expeditiously and diligently. 2. The parties agree to meet within five days at the request of either party for a grievance is defined as:meeting. (a) A difference 3. Any such grievance involving a matter arising between the parties relating to the interpretation, application, administration, or alleged violation out of the Agreement including any question as to whether a matter is arbitrable. application of this contract (bexcept renewal or modification of the contract) or affecting the relations of the employees and The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be News not satisfactorily settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar 30 days of the occurrence first consideration may be submitted to final and binding arbitration by either party. Such arbitration will be conducted pursuant to the voluntary labor arbitration rules of the grievanceAmerican Arbitration Association. The supervisor cost of such arbitration will respond within three working days of discussing be borne equally by the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days parties, except that neither party will be obligated to pay any part of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and cost of a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberstenographic transcript without express consent. The parties arbitrator will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve amend, change, modify, add to or subtract from any of the provisions of this contract, but will have the authority only to interpret and apply this contract. 4. If any of the following rules, which are not waived by The News, are not complied with by the Guild, the provisions of Section 4A of this article will not be effective as to the issue raised in the grievance. A. The Guild will invoke this section as follows: (1) At its option, the Guild may inform The News in writing, if received by The News within five days (excluding Saturday and Sunday) after the act, event or occurrence complained of that it invokes the following provision: Conditions prevailing prior to the time of the act, event or occurrence will not be changed pending final resolution of the said grievance. (2) However, if the Guild has received two weeks notice by The News prior to the act, event, or occurrence any invocation of the provisions of Section 4A(1) must be made by the Guild within seven days of the giving of such prior notice by The News. (3) This section is not applicable to editorial decisions of the editor. B. However, it is understood that if any award for back pay will be made, such reimbursement will not exceed the amount the employee would have been paid by The News if he/she had continued in its employ, and the arbitrator will take into consideration whether a deduction will be made for any amounts the employee meanwhile may have earned elsewhere. From such award, if any, will be deducted any amount paid the employee through unemployment insurance. This will not be construed, in any manner, to mean that severance pay will be given in addition to back pay awarded to him/her. C. If Section 4A of this article is invoked, the Guild agrees to arbitration under the expedited arbitration rules of the American Arbitration Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For 1. The Guild may appoint a committee to take up with The News any matter arising out of the purposes application of this Agreementcontract, or affecting the relations of the employees and The News. The News and the Guild agree to make every effort to settle every dispute, claim, difference or grievance arising out of this contract, or affecting the relations of the Guild and the employees with The News. Any such matter will be submitted by the complaining party in a letter to the other, briefly setting forth the facts giving rise to it, the ground of the complaint and the action sought. The Guild and The News will handle grievances expeditiously and diligently. 2. The parties agree to meet within five days at the request of either party for a grievance is defined as:meeting. (a) A difference 3. Any such grievance involving a matter arising between the parties relating to the interpretation, application, administration, or alleged violation out of the Agreement including any question as to whether a matter is arbitrable. application of this contract (bexcept renewal or modification of the contract) or affecting the relations of the employees and The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be News not satisfactorily settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her immediate supervisor or department head within seven (7) calendar 30 days of the occurrence first consideration may be submitted to final and binding arbitration by either party. Such arbitration will be conducted pursuant to the voluntary labor arbitration rules of the grievanceAmerican Arbitration Association. The supervisor cost of such arbitration will respond within three working days of discussing be borne equally by the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days parties, except that neither party will be obligated to pay any part of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and cost of a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee memberstenographic transcript without express consent. The parties arbitrator will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve amend, change, modify, add to or subtract from any of the provisions of this contract, but will have the authority only to interpret and apply this contract. 4. If any of the following rules, which are not waived by The News, are not complied with by the Guild, the provisions of Section 4A of this article will not be effective as to the issue raised in the grievance. A. The Guild will invoke this section as follows: (1) At its option, the Guild may inform The News in writing, if received by The News within five days (excluding Saturday and Sunday) after the act, event or occurrence complained of that it invokes the following provision: Conditions prevailing prior to the time of the act, event or occurrence will not be changed pending final resolution of the said grievance. (2) However, if the Guild has received two weeks notice by The News prior to the act, event, or occurrence any in-vocation of the provisions of Section 4A(1) must be made by the Guild within seven days of the giving of such prior notice by The News. (3) This section is not applicable to editorial decisions of the editor. B. However, it is understood that if any award for back pay will be made, such reimbursement will not exceed the amount the employee would have been paid by The News if he/she had continued in its employ, and the arbitrator will take into consideration whether a deduction will be made for any amounts the employee meanwhile may have earned elsewhere. From such award, if any, will be deducted any amount paid the employee through unemployment insurance. This will not be construed, in any manner, to mean that severance pay will be given in addition to back pay awarded to him/her. C. If Section 4A of this article is invoked, the Guild agrees to arbitration under the expedited arbitration rules of the American Arbitration Association.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, a grievance is defined as: (a) A difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound by this agreement. Disciplinary action grievable by the employee shall include written censures, letters of reprimand, and adverse reports or performance evaluation. If an employee has a grievance, his/her their grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member (at the employee's option), shall first discuss the grievance with his/her their immediate supervisor or department head within seven (7) calendar days of the occurrence of the grievance. The supervisor will respond within three working days of discussing the grievance with the employee. If the grievance is not settled at this step: Then within seven (7) calendar days of the Step One meeting, the grievance shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her their written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. For the purposes of this Agreement, Should a grievance is defined as: (a) A difference arising dispute arise between the parties relating to Employer and an employee covered by this Agreement regarding the interpretation, application, administrationoperation, or alleged violation of this Agreement, or the Agreement including any question as to whether a matter is arbitrable. (b) The dismissal, discipline or suspension of an employee bound covered by this agreement. Disciplinary Agreement, the dispute will be resolved in the following manner: (a) Step 1 - The dispute shall be discussed between the employee and the Agency Supervisor or their designate within twenty-five (25) days after the date on which the grievor first became aware of any action grievable or any lack of action by the Employer or other circumstances giving rise to the grievance. The aggrieved employee shall include have the right to have her xxxxxxx present at such a discussion. The Agency Supervisor or their designate shall answer the dispute within ten (10) days. (b) Step 2 - If the dispute is not resolved at Step 1, the employee(s) or the Union on their behalf shall submit a written censuresgrievance to the Executive Director or their designate within ten (10) days of the receipt of the response at Step 1. The grievance will state the Article or Articles alleged to have been violated, letters of reprimandthe circumstances surrounding the alleged violation(s) and the remedy sought. The Employer shall arrange a meeting with the Union representative named in the grievance at the earliest mutually agreeable time, and adverse reports or performance evaluation. If an employee has a grievance, his/her grievance shall be settled as follows: The employee, with or without a Shop Xxxxxxx or Union Committee member respond in writing within ten (at 10) days of the employee's option), shall first discuss date the grievance with his/her immediate supervisor or department head was submitted at Step 2. Such meeting may be waived by mutual agreement. (c) Step 3 - If the grievance remains unresolved at Step 2, the matter may be submitted to Arbitration within seven sixty (760) calendar days of the occurrence receipt of the response at Step 2. (d) Where the Employer has a grievance, the Employer shall submit it to the Union President or their designate. The supervisor will respond within three working days of discussing Union President or their designate shall discuss the grievance with the employeeEmployer. If the grievance Where no satisfactory agreement is not settled at this step: Then within seven (7) calendar days of the Step One meetingreached, the grievance may then be referred to Arbitration as per Article 7.01 (c). (e) The time limits for the initial filing of grievances under Article 7.01 (a) is mandatory, unless altered by the written mutual consent of the parties. Other time limits established in this Article are directory. (f) In determining the time in which any step under the foregoing proceedings is to be taken, Saturdays, Sundays and recognized holidays shall be reduced to writing, signed by the employee and a Shop Xxxxxxx or Union Committee member and shall be presented to the immediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member. The parties will meet to discuss the grievance. Within seven (7) calendar days following the meeting, the supervisor or the department head shall give his/her written reply. If the grievance is not settled at this step, Then within ten (10) calendar days of receiving the Step Two response, the Union Committee or its delegate, shall notify the Company in writing that the grievance will proceed to Step Three. The Company and Union will meet within twenty-one (21) calendar days of referral of the grievance to Step Three to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Employer shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Articles 7 or 8 within twenty-one (21) calendar days of the presentation of this decision. The Employer agrees that their representatives at the Step 3 meeting have the authority to resolve the grievanceexcluded.

Appears in 1 contract

Samples: Collective Agreement

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