GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment. A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step. B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt. C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week. D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 2 contracts
Samples: Teachers' Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. The Association Any grievance or dispute arising out of the application or meaning of the terms of this Agreement during the term of this Agreement and not specifically excluded from the grievance and arbitration procedure by this or any teacher, believing there has been a violation, misinterpretation or misapplication of any other provision of this Agreement may file a grievance with the parties designated shall be taken up in the procedures outlined manner set forth below. The Association can All grievances must be present for all steps of presented in writing at every step. Such writing shall specify in detail the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended acts upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean which the grievance is automatically advanced based and the particular provisions of this Agreement allegedly violated by said acts. Failure to properly present a grievance in writing at this stage of the grievance procedure shall constitute a waiver of such grievance and bar all further action thereon. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto and the Union may proceed to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary . Workers have a right to Union representation for any grievance in dispute arising out the application of the Board shall note date Agreement. It is mutually understood and time agreed that nothing herein will prevent a worker from discussing any problem with his/her supervisor or other representative of day when Management at any time, with or without his/her Union representative, prior to initiating a formal grievance. Failure to present a grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence within fourteen (14) calendar days of the date the Union or employee became aware of its receiptthe issue shall nullify the grievance.
C. In Step I: The complaint must be presented to the Executive Director within fourteen (14) calendar days from the date of the event a grievance is filed after May 15 of any year, and strict adherence giving rise to the time limits may result concern, or the date the event became known or should have been known. The Executive Director Department Head will respond within fourteen (14) calendar days of the Step I meeting to affected worker(s), advocate or the Union Field Representative, unless the Operator, making a reasonable effort to research the issue, notifies the complainant in hardship writing of reasonable cause existing for further delay. The Step I response will settle the matter, unless appealed to any partyStep II.
Step II: If the matter is not resolved at Step I, the Board it shall use its best efforts to process such grievance prior be presented to the end Executive Director of Business Administration within fourteen (14) calendar days of the school term Step I response or as soon thereafter as possible. During summer recess, school days from the time the Executive Director should have responded in Step I. The Union Field Representative or the advocate and the Facility Administrator shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For arrange a mutually agreeable date to meet in person or by conference call for the purpose of this articleattempting to settle the matter. The Executive Director of Business Administration shall respond to the written grievance in writing within fourteen (14) calendar days of the Step II meeting. The Step II response will settle the matter unless appealed to Step III.
Step III: If the parties are unable to resolve the dispute at Step II, non-teacher hours the matter shall mean be presented to the time before school begins Director of Labor and Employment or designee within fourteen (14) calendar days of the Step II response from the Executive Director of Business Administration. The union Field representative and the Director of Labor and Employment or designee shall arrange a mutually agreeable date to meet in person or by conference call for teachers the purpose of attempting to settle the matter. The Director of Labor Relations or designee will respond in writing within fourteen (14) calendar days of receipt of the grievance or a meeting which ever comes later. (14) calendar days of the presentation of the grievance. Should the mediated resolution be unacceptable to the Union, the Union shall reserve the right to proceed to arbitration. That Parties agree that the Mediator's recommended solution or comments and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties' own proposals, comments and suggestions during mediation may not be referred to or used as evidence in any subsequent Arbitration process.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing Faculty members who believe there has been a potential violation of the Collective Bargaining Agreement should contact the Chair (AAUP Grievance Officer) of the AAUP Grievance Committee for advice as to the merit, or lack thereof, of the alleged violation. If after receiving the advice, misinterpretation the faculty member wishes to file a grievance, he or misapplication she may proceed with filing a grievance under the terms of this Article VIII. The Contract Maintenance Officer shall represent the University of Delaware AAUP in all matters involving the interpretation or implementation of the contract. The AAUP Contract Maintenance Officer shall also represent faculty in matters dealing with sexual and other unlawful harassment.
8.1 A grievance is defined as any dispute or difference concerning the interpretation, application or claimed violation of any provision of this Agreement. In addition, if an administrative action is taken which is not in accordance with the procedure required by the policies specified in Article XVII, Section 17.1, such alleged procedural error shall be grievable. Complaints or problems related to terms or conditions of employment, which are not grievances as defined above, may be referred to the University Senate Committee on Faculty Welfare & Privileges. Every attempt shall be made by both parties to resolve grievances arising under this Section speedily and informally by meetings between those directly affected. A grievant must initiate action under the appropriate step of the Grievance Procedure, in writing, within twenty-five (25) workdays of the event which gives rise to the grievance or within twenty-five (25) workdays after knowledge of the event is obtained or reasonably should have been obtained. For purposes of calculating time periods under the grievance procedure, University holidays, Saturdays, and Sundays shall not be counted as workdays. Likewise, the periods encompassing winter and summer session shall not be counted as workdays unless failing to do so places an undue burden on either party or unreasonably delays the resolution of the grievance. Time limits are to be adhered to; however, they may be extended by mutual agreement of the parties in writing. It is the intention of the parties to agree to such extensions when they are justified by good and sufficient reason. The written grievance must include (1) a statement of the action being grieved; (2) reference to the relevant articles of the Collective Bargaining Agreement or Faculty Handbook and adequate identification of the specific past practices relied upon, if any; and (3) the remedy or relief sought. Upon request by the grievant, the affected administrator shall provide information relevant to the action being grieved. Any dispute as to requests for such information shall be resolved by the Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level). The grievant shall be apprised of the bases upon which actions are taken during the grievance procedure. Evidence introduced at any step of the grievance procedure shall be provided simultaneously to the grievant, the administration, and when applicable, the members of the hearing panel.
8.2 A grievance filed by an aggrieved member of the bargaining unit of the AAUP shall be handled in the following manner:
Step 1: The grievance shall be presented in writing and signed by the grievant in the first instance to the Chairperson (if the grievant is in an administrative unit with no Chairperson, this step is omitted). The Chairperson shall make every effort to meet promptly with the grievant and shall address the issues raised by the grievance and the appropriateness of the remedy sought. The Chairperson shall reply in writing within ten (10) workdays of this meeting, or within twenty
Step 2: If the grievant is not satisfied with the response, he or she may file a written appeal to the Xxxx or Director within ten (10) workdays after receipt of the response at Step 1, with copies to the Chairperson, the AAUP, and the Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level).
Step 3: If the grievant is not satisfied with the decision at Step 2, and if the AAUP concurs, the grievant may appeal in writing (with copies to the AAUP, the Xxxx/Director, and the Chairperson) to the Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level) within ten (10) workdays after receipt of the Step 2 decision. In the case of a grievance filed against the President or Xxxxxxx, the grievant may appeal in writing to the Chief Human Resources Officer. The Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx or comparable position at this level or the Chief Human Resources Officer), sitting with two members of the faculty selected in the manner provided in Section 8.3, shall conduct a hearing within twenty (20) workdays after receipt of the appeal. At least five (5) days prior to the hearing date, the grievant and the administrative representative presenting the opposing view shall each submit to the Hearing Panel all documentary evidence on which they intend to rely, together with a written statement summarizing their positions.
Step 4: If the grievant is not satisfied with the decision of the Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level), and the matter involves a grievance as defined in 8.1 above, and if the AAUP concurs, within ten (10) workdays the AAUP may require, and the relevant University officer shall select, an impartial mediator from an agency such as the American Arbitration Association (AAA) or the State of Delaware, Department of Labor for mediation in order to attempt a voluntary resolution of the grievance by the AAUP and the Administration. Mediation is not required for a Step 5 appeal.
8.3 Within twenty (20) workdays, but no later than October 1 after the signing of this Agreement, the AAUP and the administration will each prepare a list of twelve (12) members of the bargaining unit willing and able to serve with the Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level) in hearing grievances under Step 3. In the event that a grievance is taken to Step 3, the AAUP shall immediately select one person from the list prepared by the administration, and the administration shall select one person from the list provided by the AAUP. The two faculty members shall then sit with the Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level) to hear the grievance as provided in Step 3. A faculty member chosen for the Hearing Panel shall disqualify himself or herself if any personal or professional conflict of interest would prohibit that person from reviewing the merits of the grievance fairly. Such faculty member, if he or she so chooses, need not disclose the nature of the conflict. Under any circumstances, the fact that the grievant is a faculty member or affiliated with a particular college, department or unit shall not, in and of itself, serve to disqualify another faculty member from hearing the matter. Should an individual disclose that a conflict exists which would prohibit the fair hearing of the appeal, either the grievant or the administrative representative may disqualify that individual, and another appointment shall be made.
8.4 Any written decision or written answer to a grievance made at any step which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement. Such settlement shall be binding upon the grievant(s) and the parties to this Agreement. If a written decision or written answer to an appeal is not rendered by an administrator within the time limits specified in this Article, the grievant may take the matter to the next step.
8.5 At no step in the procedure shall a settlement be reached which is inconsistent with the provisions of this Agreement, unless both the administration and the AAUP concur in writing.
8.6 No provision of this Article shall infringe upon the right of the AAUP to act as the sole and exclusive Collective Bargaining Agent as provided in Article III - Recognition, of this Agreement.
8.7 Two or more members of the bargaining unit within the same college or department alleging the same grievance concerning the interpretation, application, or claimed violation of any provision of this Agreement may file a one grievance with the parties designated in the procedures outlined below. The Association can be present for all steps directly at Step 2 of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that Procedure within the time limits set forth herein in Section 8.1, above.
8.8 Two or agreed upon shall be considered as substantive. Failure by more faculty members from different colleges alleging the grievant to conform to same grievance concerning the interpretation, application, or claimed violation of any provision of this Agreement, and if the AAUP concurs, may file one grievance directly at Step 3 of the Grievance Procedure within the time limits herein provided set forth in Section 8.1, above.
8.9 The AAUP may file a grievance in writing concerning the interpretation, application, or claimed violation of a provision of this Agreement, which deals with rights granted to the AAUP, including the provisions of Article 5.12. Such grievance shall mean be filed directly with the grievance has been dropped. Failure by the Board Xxxxxxx or its representatives to conform to Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level) within the time limits set forth in Section 8.1, above. The Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level) shall mean consider the grievance is automatically advanced and shall reply in writing to the next stepAAUP within twenty (20) workdays after receipt of the appeal. If the AAUP is not satisfied with the written decision of the Xxxxxxx or Designee (Deputy Xxxxxxx/Vice Xxxxxxx, or comparable position at this level), it may file a written appeal within twenty (20) workdays as provided in 8.2, Step 4 above.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. 8.10 If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 the result of any yearan action of an administrator above the level of department chairperson, the grievant may initiate his/her grievance at the administrative level where the action was taken or if the AAUP concurs, at Step 3. If the grievance results from the action of the President, and strict adherence to if the AAUP concurs, it may be initiated at Step 3 or Step 4. Grievances under this section shall be initiated within the time limits set forth in Section 8.1, above.
8.11 The AAUP will be notified of all meetings and hearings that take place in the processing of a written grievance, and shall have the right to have a designee present at all such meetings and hearings. The designee of the AAUP may result represent the grievant, act as his/her advisor or as an observer, at the option of the grievant. The AAUP will be notified by the appropriate administrator at each stage of the grievance procedure and meetings will be scheduled at a mutually convenient time for all parties. If any member of the bargaining unit designates in hardship to any partywriting the AAUP as his or her representative for purposes of handling a specific grievance, the Board shall use its best efforts to process such grievance prior to the end AAUP may thereafter act on his or her behalf in any aspect of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekgrievance procedure so designated.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Grievance shall be defined as meaning disputes or disagreements arising out of the application or interpretation of the provisions of the Agreement. Said grievance shall be processed in the following manner:
Section 1 The aggrieved employee and/or an Association or any teacherrepresentative if so requested by the aggrieved employee, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a shall first informally discuss the grievance with the parties designated in Chief of Police within ten (10) days of when the procedures outlined below. The Association can be present for all steps employee knew or should reasonably have known of the Grievance Procedureincident. Nothing contained herein If the employee is not satisfied with the informal opinion rendered by the Chief of Police, he/she may submit his/her Collective Bargaining Agreement Dover Police Association FY12 - FY14 grievance to the Chief of Police in writing setting forth the specific clause(s) of the Contract that are allegedly being violated, and the manner in which it is allegedly being violated for a formal decision by the Chief of Police.
Section 2 If the employee is not satisfied with the decision of the Chief of Police, which shall be construed to prevent any individual teacher from presenting a grievance and having rendered in writing within five (5) calendar days of the presentation of the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform aggrieved employee, he/she may appeal in writing to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence City Manager within ten (10) calendar days of the date of its receiptreceipt of the Chief of Police's decision. Any such appeal shall set forth the employee's basis for appeal by referring to the specificclause(s) of the Contract which is allegedly being violated, and the manner in which it is allegedly being violated.
C. In Section 3 The City Manager or his/her designated representative shall, if either party requests, meet with the event aggrieved employee and/or his/her representative within ten (10) calendar days of his/her receipt of the aggrieved employee's appeal. If neither party requests a meeting, the City Manager shall decide the grievance based upon written information as supplied and/or any further materials reasonably requested by the City Manager. The City Manager shall render his/her decision in writing within fifteen (15) calendar days of his/her receipt of the grievance.
Section 4 If the decision of the City Manager is filed after May 15 not acceptable to the employee, he/she may appeal to the American Arbitration Association within thirty (30) calendar days of any yearhis/her receipt of the City Manager's decision. The decision of the arbitrator shall be final and binding on both parties to this agreement. Provided that if the aggrieved employee desires he/she may, within ten (10) calendar days of his/her receipt of the City Manager's decision, and strict adherence before appealing to the time limits may result in hardship American Arbitration Association, request a meeting with the City Manager to any party, attempt selection of a mutually acceptable arbitrator to hear the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possibleissues and render a final and binding decision. During summer recess, school days shall If a mutually acceptable arbitrator cannot be counted as selected within five (5) school calendar days per of the initial selection meeting, the aggrieved employee may appeal to the American Arbitration Association as set forth in the first clause of this section within fifteen (15) calendar weekdays of the initial selection meeting between the aggrieved employee and the City Manager.
D. Grievances arising under this article Section 5 The cost of arbitration shall be processed during non-teacher hours. For borne equally by the purpose of this articleEmployer and the Association.
Section 6 In choosing an arbitrator, non-teacher hours the American Arbitration Association procedure shall mean be followed.
Section 7 Any grievance not submitted in writing within the time before school begins for teachers and period above provided for, shall be considered waived or if not resubmitted after school ends for teachers and during a teacherCollective Bargaining Agreement Dover Police Association FY12 - FY14 one of the answers above provided for, shall be considered resolved by the answer. If the City does not answer, in writing, within the time periods above provided, the grievance shall be considered resolved in the employee's lunch period - as mutually agreed upon between the partiesfavor.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Grievance shall be defined as meaning disputes or disagreements arising out of the application or interpretation of the provisions of the Agreement. Said grievance shall be processed in the following manner:
Section 1 The aggrieved employee and/or an Association or any teacherrepresentative if so requested by the aggrieved employee, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a shall first informally discuss the grievance with the parties designated in Chief of Police within ten (10) days of when the procedures outlined below. The Association can be present for all steps employee knew or should reasonably have known of the Grievance Procedureincident. Nothing contained herein If the employee is not satisfied with the informal opinion rendered by the Chief of Police, he/she may submit his/her Collective Bargaining Agreement Dover Police Association FY05- FY08 grievance to the Chief of Police in writing setting forth the specific clause(s) of the Contract that are allegedly being violated, and the manner in which it is allegedly being violated for a formal decision by the Chief of Police,
Section 2 If the employee is not satisfied with the decision of the Chief of Police, which shall be construed to prevent any individual teacher from presenting a grievance and having rendered in writing within five (5) calendar days of the presentation of the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform aggrieved employee, he/she may appeal in writing to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence City Manager within ten (10) calendar days of the date of its receiptreceipt of the Chief of Police's decision. Any such appeal shall set forth the employee's basis for appeal by referring to the specific clause(s) of the Contract which is allegedly being violated, and the manner in which it is allegedly being violated.
C. In Section 3 The City Manager or his/her designated representative shall, if either party requests, meet with the event aggrieved employee and/or his/her representative within ten (10) calendar days of his/her receipt of the aggrieved employee's appeal. If neither party requests a meeting, the City Manager shall decide the grievance based upon written information as supplied and/or any further materials reasonably requested by the City Manager. The City Manager shall render his/her decision in writing within fifteen (15) calendar days of his/her receipt of the grievance.
Section 4 If the decision of the City Manager is filed after May 15 not acceptable to the employee, he/she may appeal to the American Arbitration Association within thirty (30) calendar days of any yearhis/her receipt of the City Manager's decision. The decision of the arbitrator shall be final and binding on both parties to this agreement. Provided that if the aggrieved employee desires he/she may, within ten (10) calendar days of his/her receipt of the City Manager's decision, and strict adherence before appealing to the time limits may result in hardship American Arbitration Association, request a meeting with the City Manager to any party, attempt selection of a mutually acceptable arbitrator to hear the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possibleissues and render a final and binding decision. During summer recess, school days shall If a mutually acceptable arbitrator cannot be counted as selected within five (5) school calendar days per of the initial selection meeting, the aggrieved employee may appeal to the American Arbitration Association as set forth in the first clause of this section within fifteen (15) calendar weekdays of the initial selection meeting between the aggrieved employee and the City Manager.
D. Grievances arising under this article Section 5 The cost of arbitration shall be processed during non-teacher hours. For borne equally by the purpose of this articleEmployer and the Association.
Section 6 In choosing an arbitrator, non-teacher hours the American Arbitration Association procedure shall mean be followed.
Section 7 Any grievance not submitted in writing within the time before school begins for teachers and period above provided for, shall be considered waived or if not resubmitted after school ends for teachers and during a teacherCollective Bargaining Agreement Dover Police Association FY05 - FYOB one of the answers above provided for, shall be considered resolved by the answer. If the City does not answer, in writing, within the time periods above provided, the grievance shall be considered resolved in the employee's lunch period - as mutually agreed upon between the partiesfavor.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision Grievances shall be defined as alleged violations of this Agreement may file a grievance with the parties designated agreement or disputes regarding interpretations, application, or enforcement of this agreement or Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationary terminations and items subject to meet and confer. (Nothing in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein these definitions shall be construed to prevent any individual teacher limit "permanent" employees from presenting appealing decisions affecting their employment to the Town Personnel Board.) No act or activity which may be grievable may be considered for resolution unless a grievance and having is filed in accordance with the procedure contained herein within thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure:
Step 1 Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee does not believe the grievance adjusted without intervention has been satisfactorily resolved, he/she may file a formal appeal in writing to his/her Department Director within ten (10) calendar days after receiving the informal decision of his/her immediate supervisor.
Step 2 The Department Director receiving the formal appeal shall render his/her written decision within ten (10) calendar days after receiving the appeal. If after receipt of the Associationwritten decision of the Department Director the employee is still dissatisfied, if he/she may appeal the adjustment decision of the Department Director to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after receipt of the written decision of the Department Director. The Town Manager shall review the decision of the Department Director, and his/her decision, which shall be rendered within twenty (20) working days after the appeal is not inconsistent with made, shall be final unless appealed to the terms of this Agreement, provided that Personnel Board by either the bargaining representative has been given opportunity to be present at such adjustmentemployee or the Department Director.
A. All Step 3 The appealing party may file a written appeal of the decision, findings and conclusions of the Town Manager to the Personnel Board within ten (10) working days of the Town Manager’s decision. Within sixty (60) calendar days of the filing of the appeal, the Personnel Board shall review the decision of the Town Manager and the appeal filed. The Personnel Board may ratify, modify or reverse the Town Manager’s decision. The decision of the Personnel Board shall be final. The time herein shall consist of school days. Time limits limitations for filing and responding to grievances may be waived or extended upon good cause shown, or by mutual consent agreement of the parties. It is understood that If either party to the time limits set forth herein or agreed upon grievance so requests, an informal hearing shall be considered as substantiveconducted at the Department Director or Town Manager appeal levels. Failure Employees may be represented by the grievant to conform to the time limits herein provided shall mean counsel, Union representative, Union xxxxxxx or other person at any stage in the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.process
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision Grievances shall be defined as alleged violations of this Agreement may file a grievance with the parties designated agreement or disputes regarding interpretations, application, or enforcement of this agreement or Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationary terminations and items subject to meet and confer. (Nothing in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein these definitions shall be construed to prevent any individual teacher limit "permanent" employees from presenting appealing decisions affecting their employment to the Town Personnel Board.) No act or activity which may be grievable may be considered for resolution unless a grievance and having is filed in accordance with the procedure contained herein within thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure:
Step 1 Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee does not believe the grievance adjusted without intervention has been satisfactorily resolved, he/she may file a formal appeal in writing to his/her Department Director within ten (10) calendar days after receiving the informal decision of his/her immediate supervisor.
Step 2 The Department Director receiving the formal appeal shall render his/her written decision within ten (10) calendar days after receiving the appeal. If after receipt of the Associationwritten decision of the Department Director the employee is still dissatisfied, if he/she may appeal the adjustment decision of the Department Director to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after receipt of the written decision of the Department Director. The Town Manager shall review the decision of the Department Director, and his/her decision, which shall be rendered within twenty (20) working days after the appeal is not inconsistent with made, shall be final unless appealed to the terms of this Agreement, provided that Personnel Board by either the bargaining representative has been given opportunity to be present at such adjustmentemployee or the Department Director.
A. All Step 3 The appealing party may file a written appeal of the decision, findings and conclusions of the Town Manager to the Personnel Board within ten (10) working days of the Town Manager’s decision. Within sixty (60) calendar days of the filing of the appeal, the Personnel Board shall review the decision of the Town Manager and the appeal filed. The Personnel Board may ratify, modify or reverse the Town Manager’s decision. The decision of the Personnel Board shall be final. The time herein shall consist of school days. Time limits limitations for filing and responding to grievances may be waived or extended upon good cause shown, or by mutual consent agreement of the parties. It is understood that If either party to the time limits set forth herein or agreed upon grievance so requests, an informal hearing shall be considered as substantiveconducted at the Department Director or Town Manager appeal levels. Failure Employees may be represented by the grievant to conform to the time limits herein provided shall mean counsel, Union representative, Union xxxxxxx or other person at any stage in the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.process
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. Grievances shall be handled in the following manner:
Step 1 The Association or any teacheraggrieved employee shall submit in writing to the Union President and/or Vice President all known relevant facts pertaining to the alleged grievance on the Grievance Form. The Union Grievance Committee, believing there has been upon receiving a violationthorough and complete Grievance Form submitted by the employee to the Union President and/or Vice President, misinterpretation or misapplication of any provision of this Agreement may file shall determine if a grievance with exists within fourteen (14) calendar days. Based on the parties designated in Grievance Committee ruling and the procedures outlined belowpertinent information surrounding the situation the Union Executive Board will decide whether to pursue further action. The Association can be present for all steps Within seven (7) calendar days of the Union Executive Board’s decision to submit a grievance, the Union shall submit the grievance on the Grievance ProcedureForm with Step One completed and present it to the employee’s immediate supervisor. Nothing contained herein If any of these timelines mentioned above cannot be met, the Chief or his/her designee shall be construed notified.
Step 2 Grievances must be presented by the Union to prevent any individual teacher from presenting the affected employee’s immediate supervisor no more than thirty (30) calendar days after the date the affected employee becomes aware of the alleged violation. In no event shall a grievance and having be presented more than ninety (90) days after the occurrence of the alleged violation.
Step 3 If the Union decides that the grievance adjusted without intervention of was not satisfactorily resolved at Step 2, the AssociationUnion may advance the grievance to the Fire Chief. To advance the grievance the Union must, if within fourteen (14) calendar days after receiving the adjustment immediate supervisor’s Step 2 grievance response, provide the Fire Chief with written notice it is not inconsistent with advancing the terms of this Agreement, provided grievance.
Step 4 If the Union decides that the bargaining representative has been given opportunity to be present grievance was not satisfactorily resolved at such adjustment.
A. All time herein shall consist of school days. Time limits Step 3, the Union may be extended upon good cause shown, or mutual consent of advance the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform grievance to the time limits herein provided shall mean Mayor. To advance the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any partygrievance, the Board shall use its best efforts to process such Union must, within fourteen (14) calendar days after receiving the Fire Chief’s Step 3 grievance prior to response, provide the end of Mayor with written notice it is advancing the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekgrievance.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of STEP 1: When an employee covered by this Agreement, provided and/or Local 2050, believes there is a grievance, the grievance shall be submitted in writing explaining the time and date of the grievance to the Chief of the Department, or his /her designee, within fourteen (14) calendar days of its occurrence. Within fourteen (14) calendar days after receipt of said grievance, said
STEP 2: If the grievance is not settled at Step 1, it shall be presented in writing by the Union with any additional supporting material that the bargaining representative has been given opportunity approved by the Executive Committee, to be present at such adjustment.
A. All time herein shall consist of school the Town Manager, within fourteen (14) calendar days. Time limits may be extended upon good cause shown, or mutual consent of The Town Manager shall give his written answer to the partiesgrievance to the Union within fourteen (14) calendar days. It is understood that Should the Town Manager fail to respond within the time limits period set forth herein or agreed upon herein, it shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean presumed that the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean denied and the grievance is automatically advanced may proceed to the next step.
B. The Assistant Principal. If agreement cannot be reached via the methods set forth in STEPS 1 and 2, Principal, Assistant Superintendent, Superintendent, or Secretary Local 2050 may request arbitration of the Board grievance in writing no later than fourteen (14) calendar days from and after the response of the Town Manager is due. Local 2050 and the Town shall note date attempt to select an arbitrator within fourteen (14) calendar days of the request for Arbitration and time if unsuccessful, Local 2050 shall file a demand for Arbitra‐ tion with the American Arbitration Association. The selection of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification the arbitrator and the conduct of the proceedings shall be conclusive evidence governed by the Voluntary Labor Arbitration Rules for the American Arbitration Association. WRITTEN PRESENTATION: All grievances presented in accordance with these procedures shall be submitted in writing explaining the time and date of the date grievance, the provision(s) of its receipt.
C. In the event agreement, if any, alleged to have been violated and remedy sought. All grievances shall be signed and dated by the duly authorized Union representative. The Fire Chief or the Town Manager may request a grievance is filed after May 15 meeting with the employee and his /her duly authorized Union representative. A duly authorized member of any yearthe Union shall be granted reasonable time off during working hours to investigate and to seek to settle grievances, and strict adherence to without loss of pay. TIME LIMITATIONS: Notwithstanding the time limits may result limitations set forth in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours the Town and Union may extend them by mutual written agreement. BINDING EFFECT: The decision of the Arbitrator shall mean be final and binding upon the time before school begins for teachers parties hereto except that the Arbitrator shall not have the power to add to or subtract from the terms and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesconditions of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or
SECTION 1: A grievance is any teachercontroversy between the parties to this AGREEMENT which pertains to (1) any matter involving interpretation of this AGREEMENT, believing there has been and (2) any matter involving a violation, misinterpretation or misapplication violation of any of the provisions of this AGREEMENT. The EMPLOYER agrees that the UNION may pursue all complaints through the appropriate channels.
SECTION 2: Grievances shall not be valid for consideration unless the grievance is submitted in writing to the EMPLOYER, setting forth the facts and the specific provision of this Agreement may the AGREEMENT allegedly violated or the dispute, complaint, problem, issue or question existing and the particular relief sought within ten (10) days after the date of the first event giving rise to the grievance occurred. Failure to file any grievance within such period shall be deemed a waiver thereof. Failure to appeal a grievance with from one level to another within the time periods hereafter provided shall constitute a waiver of the grievance. An effort shall first be made to adjust an alleged grievance informally between the employee and the EMPLOYER'S designee.
SECTION 3: The EMPLOYER and the employee shall attempt to adjust all grievances which may arise during the course of employment in the following manner. LEVEL I: If the grievance is not resolved through informal discussions the grievance shall be presented in writing to the appropriate Division Commander who shall give a written decision on the grievance to the parties designated in the procedures outlined below. The Association can be present for all steps involved within ten (10) days after receipt of the Grievance Procedurewritten grievance. Nothing contained herein shall LEVEL II: In the event the grievance is not resolved in Level I, the decision rendered may be construed appealed to prevent any individual teacher from presenting the Sheriff, provided such appeal is made in writing within ten (10) days after receipt of the decision in Level I. If a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform properly appealed to the time limits herein provided Sheriff, the Sheriff or his designee shall mean issue a decision in writing within ten (10) days after receiving the grievance. LEVEL III: If the grievance has not been dropped. Failure by resolved at Level II, the grievance may be presented, in writing to the Board of County Commissioners or its representatives their designee, within ten (10) days after receipt of the decision in Level II, who shall within ten (10) working days hear the grievance and shall have a maximum of fifteen (15) days in which to conform respond to the time limits shall mean the grievance is automatically advanced to the next stepin writing.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Section 25.1 The term "grievance" shall mean any dispute concerning the application or interpretation of the terms of this Collective Bargaining Agreement.
Section 25.2 The grievance procedure shall be as follows:
Step I. An employee and/or the Association shall submit a grievance in writing to the person designated by the Agency head for such purpose not later than twenty-one (21) calendar days after the date on which the alleged act or any teacheromission giving rise to the grievance occurred or after the date on which there was a reasonable basis for knowledge of the occurrence. The person so designated by the Agency head shall reply in writing by the end of seven (7) calendar days following the date of submission.
Step II. In the event the employee or the Association wishes to appeal an unsatisfactory decision at Step I, believing there has been the appeal must be presented in writing to the Agency head for such purpose within ten (10) calendar days following the receipt of the Step I decision. The Agency head or his/her designee shall meet with the employee and/or the Association for review of the grievance and shall issue a violationwritten reply to the employee and/or the Association by the end of the fourteen (14) calendar days following the day on which the appeal was filed.
Step III. In the event the employee or the Association wishes to appeal an unsatisfactory decision at Step II, misinterpretation the appeal must be presented to HRD within ten (10) calendar days of receipt of the unsatisfactory decision. HRD shall issue a written reply by the end of thirty (30) calendar days following the day on which the appeal was filed or misapplication if a conference is held, by the end of twenty one (21) working days following the conference. Every effort will be made to hold such conference within fourteen (14) working days following the filing of the appeal.
Step IV. Grievances unresolved at Step III may be brought to arbitration solely by the Association by filing a Request for Arbitration with the Human Resources Division (HRD) within thirty (30) calendar days of the receipt of the Step III decision. HRD and the Association will confer as soon as possible thereafter to select an arbitrator. If the parties cannot agree upon said selection, an arbitrator will be assigned by the American Arbitration Association (AAA).
Section 25.3 The arbitrator shall have no power to add to, subtract from, or modify any provision of this Agreement or to issue any decision or award inconsistent with applicable law. The decision or award of the arbitrator shall be final and binding in accordance with Massachusetts General Laws Chapter 150C. Arbitrators will issue a decision within 30 days of receipt of the parties’ post-hearing brief or oral argument.
Section 25.4 All fees and expenses of the arbitrator, if any, which may file be involved in the arbitration proceeding shall be divided equally between the Association and (HRD). Each party shall bear the cost of preparing and presenting its own case.
Section 25.5 If a decision satisfactory to the Association at any level of the grievance procedure other than Step IV is not implemented within a reasonable time, the Association may reinstitute the original grievance at the next Step of the grievance procedure. A resolution of a grievance with at either Step I or II shall not constitute a precedent.
Section 25.6 If the Employer exceeds any time limit prescribed at any Step in the grievance procedure, the grievant and/or the Association may assume that the grievance is denied and invoke the next Step of the procedure, except, however, that only the Association may request impartial arbitration under Step IV. However, no deadline shall be binding on the grievant and/or the Association until a required response is given.
Section 25.7 Any Step or Steps in the grievance procedure, as well as time limits prescribed at each Step of this grievance procedure, may be waived by mutual agreement of the parties designated in the procedures outlined below. The writing.
Section 25.8 Each Department/Agency head, shall designate a person(s) to whom grievances may be submitted at Step I.
Section 25.9 An Association can be present for all steps of the Grievance Procedure. Nothing contained herein representative or Unit Chairperson, whichever is appropriate, shall be construed to prevent any individual teacher from presenting a grievance notified of grievances filed by an employee on his own behalf and having shall have the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustmentgrievance meetings between the employee and the Employer held in accordance with the grievance procedure.
A. All time herein shall consist Section 25.10 A Committee consisting of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure three (3) people designated by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure Association and three people designated by the Board or its representatives to conform to the time limits Employer shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date meet and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as develop mutually agreed upon between policies and implementation procedures for an Alternative Dispute Resolution Program which may include an option for mediation or a binding tri-partite panel at the partiesStep III grievance level.
Section 25.11 The Commonwealth shall establish a fund of $120,000.00 to be used to pay for its share of the costs associated with the mediation and dispute resolution obligations of this Article.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this articleAgreement, non-teacher hours a grievance is defined as any one of the following:
1. A claim by an employee covered by this Agreement concerning the meaning or interpretation of a specific provision of this Agreement as it affects such employee;
2. A claim by the Union’s Executive Committee concerning the application of a specific provision of this Agreement as it affects a specific member of the Union.
3. An individual employee who does not wish the Union’s Executive Committee to pursue a grievance (under this Article 16) may notify the Union in writing at any time. A grievance, which is resolved by an individual’s exercise of the right to withdraw consent hereunder, shall mean not constitute a precedent with regard to the substance of the grievance in question, unless the parties agree that it is precedent setting. A grievance shall be processed as follows:
Step 1 Within fifteen (15) calendar days after the alleged violation, the employee will meet with the Fire Chief or his/her designee. A Union representative may at his option accompany the employee.
Step 2 If unresolved by the parties within fifteen (15) calendar days of such meeting, the grievant and/or the Union representative will present to the Fire Chief or his/her designee, a written statement of the facts giving rise to the alleged violation and citing the specific provisions of the labor agreement allegedly violated. The statement shall identify the remedies sought, and shall be dated and signed by the employee and/or the Union’s Executive Committee. Such submission must be made within fifteen (15) calendar days following inaction or rejection by the Fire Chief or his/her designee. The Fire Chief or his/her designee shall issue a written decision on the grievance within 14 days from date of receipt of the grievance.
Step 3 If a satisfactory settlement is not made at Step 2 the grievance may be referred to the Fire Chief within fifteen (15) calendar days following the date of rejection or expiration of the actions concluding Step 2, whichever occurs first. The Union will be notified of any grievance, which has not been resolved at Step 3.
Step 4 If satisfactory settlement is not made at Step 3, the grievance may be referred to final and binding arbitration by written notice to the Fire Chief within fifteen (15) calendar days following rejection by the Fire Chief or designee or expiration of the fifteen (15) calendar day period initiating action in Step 3 whichever occurs first. In the event of such notice, a request will be made to the Oregon State Conciliation Service for a list of seven (7) qualified arbitrators who also are on the FMCS list residing in Oregon or Washington. Notice that the Union is referring a grievance to arbitration may be in the form of the request to the Oregon State Conciliation Service for a list of arbitrators with a concurrent copy to the District. The District and the Union will alternately strike names from the list. The last name remaining will be the arbitrator. Expenses of the arbitrator and costs incident to the conduct of the hearing, such as court reporter, if requested by the arbitrator, and hearing room rental, will be shared evenly by the parties. Each party shall pay its own representational costs. The jurisdiction of the arbitrator shall be limited to interpretation of the specific provision or provisions of this Agreement, which have been placed in issue by the parties, and the arbitrator shall have no authority to add to or detract from this Agreement or any portion thereof. Any or all time limits specified in the grievance procedure may be waived by mutual consent. Failure to submit the grievance in accordance with the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between limits without such waiver shall constitute abandonment of the partiesgrievance. District failure to comply with the time limits specified above will automatically move the grievance to the next step herein.
Appears in 2 contracts
Samples: Working Agreement, Working Agreement
GRIEVANCE PROCEDURE. The Association In the event of the Insured being aggrieved by
(a) Any partial or total repudiation of claims by an insurer
(b) Any dispute in regard to premium paid or payable in terms of the Policy
(c) Any dispute on the legal construction of Policy in so far as such disputes relate to claims
(d) Delay in settlement of claims
(e) Non-issue of any insurance document to customers after receipt of premium, wherever permissible subject to provisions of Redressal of Public Grievances Rules, 1998 approach the Insurance Ombudsman having jurisdiction for appropriate relief. If the company shall disclaim liability to the Insured or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein claim hereunder and such claim shall be construed to prevent any individual teacher not within 12 calendar months from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In such disclaimer have been made the event subject matter of suit in a grievance is filed after May 15 court of law, then the claim shall for all purpose be deemed to have been abandoned and shall not thereafter be recoverable hereunder. The due observance and fulfilment of the terms, conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by the Insured, shall be a condition precedent to any liability of the Company to make any payment under this Policy. The Company shall not be bound to issue any renewal notice nor shall be bound to accept the renewal premium there under. No interest shall be payable by the Company in respect of any yearclaim under this Insurance on any account whatsoever As an esteemed customer of our Company, and strict adherence You can contact us to register complaint/ grievance, if any including servicing of Policy, claims etc. with regard to the time limits may result insurance of Policy issued to you. The contact details of our office are given below for your reference. Cholamandalam MS General Insurance Company Limited HO: Dare House 2nd Floor, Xx. 0 XXX Xxxx Xxxx, Xxxxxxx – 000 001. Toll Free: 0000 000 0000 SMS: “CHOLA” TO 56677 *(Premium SMS charges apply) Email –xxxxxxxxxxxx@xxxxxxx.xxxxxxxxx.xxx; Web site: xxx.xxxxxxxxxxxxxx.xxx First level: Your contacting xxxxxxxxxxxx@xxxxxxx.xxxxxxxxx.xxx and our response within 10 days Escalation level-1: xxxxxxx.xxxxxxxxxxxxxxx@xxxxxxx.xxxxxxxxx.xxx and our response in hardship to next 08 days Escalation level-2: xxxx.xxxxxxxxxxxxxxx@xxxxxxx.xxxxxxxxx.xxx and our response in next 07 days For Complaints: If You have not received any party, reply from us within 15 days from the Board shall use its best efforts to process such grievance prior to the end date of the school term lodging of complaint or as soon thereafter as possibleif You are not satisfied with the reply of the Company, you can contact the IRDA Grievance Call Centre at the toll free no. During summer recess155255 or 1800- 4254-732 or email at xxxxxxxxxx@xxxx.xxx.xx or make use of Integrated Grievance management system by registering and monitoring of Your claim at xxxx.xxxx.xxx.xx or send a letter to IRDAI, school days shall be counted as five (5) school days per calendar week.Consumer Affair Department- Grievance Redressal Cell, Sy.no.115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad- 500032 For resolution of Your grievances pertaining to Insurance claim that has been rejected or Dispute of a claim on legal construction of the policy or Delay in settlement of claim or Dispute with regard to premium or Non-receipt of your insurance document You can register the grievance or the nearest Insurance Ombudsman, whose addresses are mentioned in Annexure-II 10 - PERSONAL DATA [C_PER_CHATIT_01_ST]
D. Grievances arising 10.1 PERSONAL DATA [C_PER_CGF_01_IND_01] As provided with by Article 10.3 of the General Terms, You may refuse that Personal Data provided by You under this article shall Contract to be processed during non-teacher hoursused for marketing reasons and/or commercial offers. For the purpose of this articlepurpose, non-teacher hours You shall mean the time before school begins for teachers and after school ends for teachers and during send us a teacher's lunch period - as mutually agreed upon between the partiesnotice by registered letter or by email to our registered address, stating your refusal.
Appears in 2 contracts
Samples: Trade Credit Insurance Policy, Trade Credit Insurance Policy
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision A. All differences and disputes arising out of this Agreement may file shall be resolved in accordance with this provision.
B. The aggrieved Employee shall, within ten (10) calendar days after the occ urrence of the alle ged violation, fil e wri tten notice of the al leged violation as a grievance with an officer of the Association and also with the Chief of Police.
C. Upon receipt of said grievance, the Chief of Police shall forthwith initiate efforts to resolve the difference or dispute and may mediate and confer with all parties to the grievance.
D. If the grievance is not resolved within seven (7) calendar days after receipt by the Chief of Police of said grievance, an officer of the Association may forthwith request a conference with the Township Administrator by providing written notice to the Township Administrator of the grievance and the efforts undertaken to resolve it.
E. Upon receipt of said request, the Township Administrator shall forthwith initiate efforts to resolve the difference or dispute and may arbitrate, mediate and confer with all parties to the grievance.
F. If the grievance is not resolved within seven (7) calendar days after receipt by the Township Administrator of the grievance, an officer of the Association may forthwith request a conference with the Township Committee by means of written notice to the Township Clerk of the grievance and the efforts undertaken to resolve it, said conference to be held within fourteen (14) calendar days after receipt of said request.
G. If the grievance is not resolved within seven (7) calendar days after Said conference, the Township Committee or the Association may, within fourteen (14) days after said conference, invoke arbitration by (1) notifying the other party in writing of its intention to arbitrate and of the notice of the grievance, and (2) requesting the New Jersey Public Employment Relations Commission for a list of Arbitrators from which the parties designated in the procedures outlined below. shall select an Arbitrator.
H. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein Arbitrator shall be construed limited to prevent the issues presented and shall have no power to add to, subtract from, or modify any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist I. The decision of school days. Time limits the Arbitrator may be extended upon good cause shown, reviewed by a Court of appropriate jurisdiction in the manner prescribed by law.
J. Any fees or mutual consent of administrative charges for the parties. It is understood that the time limits set forth herein or agreed upon Arbitrator shall be considered as substantive. Failure borne by the grievant parties equally. Witness fees and other expenses shall be borne by the parties respectively.
K. Unless extended by mutual agreement in writing, the failure to conform to observe the time limits herein provided shall mean constitute abandonment of the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepgrievance.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board L. An appeal from a disciplinary determination shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall not be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose part of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesProvision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association Notwithstanding the grievance procedure, as outlined in Article where a grievance arises out of the failure of the Joint Job Evaluation Committee, or any teacherthe Joint Job Evaluation Committee Referees, believing there has been a violationto resolve matters relating to Job Descriptions or Job Ratings, misinterpretation or misapplication of any provision of this Agreement either party may file a grievance, as provided for in Article except that the grievance with shall be initially filed at Step Three, as provided for in Article (Step and that said Job Evaluation Grievance shall be submitted within ten (IO) days of receiving the parties designated in the procedures outlined below. The Association can be present for all steps written decision of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention Joint Job Evaluation Committee Referees or within ten days of the Associationwritten decision of the Joint Job Evaluation Committee, if the adjustment Referee process is not inconsistent with used. M Arbitration Process M Notwithstanding the terms Arbitration Procedure, as outlined in Article when the Corporation or the Union decides that a grievance, arising out of this Agreementa job evaluation-related matter involving a job description or job rating, provided that the bargaining representative has been given opportunity is to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shownsubmitted to Arbitration, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence given in writing, to the Party opposite in interest, within (1) calendar month of the date written opinions of the Joint Job Evaluation Committee Referees, if such are used, or within one (I)calendar month of the written decision of the Joint Job Evaluation Committee, if the referee process is not used. Such notification shall be submitted by registered mail, in accordance with Article and shall indicate the name and address of the referring Party’s recommended Arbitrator. The recipient of such notice shall, within ten (IO) working days thereafter, inform the other of the name and address of its receipt.
C. recommended Arbitrator, M In selecting the event Chairman, it shall be the responsibility of the parties to advise the prospective Chairman that it is the express desire of the parties to the Grievance that, at a grievance is filed after May 15 time and place convenient to the Arbitrator, the and the Union, a meeting will be convened for the express and singular purpose of fully acquainting the Arbitrator on the specifics of the Joint Job Evaluation Program in effect and governing the Wage and Salary Administration. M Should an Arbitrator be appointed by the office of Arbitration, the provisions as provided for in Article above, shall be transmitted to the Office of Arbitration as a condition of appointment. M An employee shall have the right to have access to review his personnel record and make copies of any year, material contained in his record. Such access may be gained by making an appointment with the Human Resources Department. Such review and strict adherence to copies will be undertaken and made under the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end scrutiny of the school term Director or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekDeputy Director of Human Resources.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Step One- The Association Parties agree that most issues can be successfully resolved by open discussion at the lowest possible level between the employee, the supervisor, and the Branch Manager. Any employee with a complaint or issue should contact the appropriate supervisor within seven (7) business days after the employee had knowledge or should of have knowledge of the alleged occurrence in order to discuss and attempt to resolve the issue. Both parties will make every effort to resolve the issue. The employee may have his/her Union Business Representative and Chief Xxxxxxx and a Xxxxxxx and a Union Official and any teacher, believing there has been witnesses deemed necessary by the union who will give first hand testimony present if desired. The Company shall inform the employee of the right to have a violation, misinterpretation or misapplication Union Representative present prior to the start of any provision investigation meeting that could lead to discipline, however no settlement shall be made without the presence of a Union Official or Chief Xxxxxxx / Xxxxxxx. If the issue remains unresolved, the grievance shall be reduced to writing by submission of a grievance form. Step Two If the grievance is not satisfactorily settled as outlined in Step One, a written grievance may then be presented no later than seven (7) working days to the Director of Maintenance or his designated representative after notification that the issue was not resolved at Step One. The Director of Maintenance or his designee shall meet with the Union Business Representative and Chief Xxxxxxx and Grievant and Stewards and a Union official and any witness deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter. The Director of Maintenance or his designated representative shall render a written decision thereon within seven (7) working days after said meeting/appeal. If a settlement is reached, it will be reduced to written form and the matter shall be considered closed. If the Director of Maintenance or designee fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this Agreement procedure. Step Three If not satisfactorily settled as outlined in Step Two above, the written grievance may file a grievance then be presented to the Program Director or designee no later than seven (7) working days after receipt by the Union Assigned Union Business Representative and/or Union Official of the decision rendered in Step Two hereof. The Program Director and/or designated company representative shall meet with the parties designated Union Business Representative and Chief Xxxxxxx or designee and Grievant and Stewards and Union Officials and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the procedures outlined belowmatter and render a written decision thereon within seven (7) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Program Director fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure.
(A) If the two parties' representatives are unable to reach a settlement; either party may request a list of qualified arbitrators from the United States Federal Mediation and Conciliation Service within thirty (30) calendar days of the written decision and notify the other party of such request. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein request shall be construed for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to prevent any individual teacher from presenting a grievance strike the first name having been determined by lot) until only one name remains and having that person shall be the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustmentarbitrator.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. (B) It is understood that the time limits set forth specified herein may be extended by mutual written agreement of the parties.
(C) The Company and the Union may mutually agree to combine the grievance of an employee and other similarly affected employee's in order to eliminate the need for multiple filings of grievances. If no other Agreement on this issue is reached, either party may request an Arbitrator to combine the grievances and the Arbitrator's decision is final.
(D) The Company and the Union may mutually agree in writing to waive any prior step of the grievance procedure and proceed directly to Step three of the grievance procedure as it is described in Section 2 of this section.
(E) The Union shall have authority, with respect to any employee covered by this Agreement, to decline to process a grievance, complaint, or dispute if in the judgment of the Union such grievance or dispute lacks merit or justification under the terms and conditions of this Agreement, or has been adjusted or justified under the terms of the Agreement to the satisfaction of the Union.
(F) It is mutually agreed upon shall that should an employee be considered as substantive. Failure by unavailable to sign a grievance form and deliver it to the grievant to conform to Company within the time limits herein provided shall mean specified in Steps Two and Three of the grievance has been dropped. Failure by procedure, the Board or its representatives to conform to the time limits shall mean Union may forward the grievance is automatically advanced to the next stepunsigned.
B. The Assistant Principal(G) No employee shall be discharged, Principalsuspended or otherwise disciplined without just or sufficient cause. Any employee, Assistant Superintendent, Superintendentwho had been discharged, or Secretary suspended, shall be granted an interview with his Union Official before he/she is required to leave the premises when practical. In all cases involving discharge, demotion or other discipline, the employee involved and the Union Official shall be notified in writing of the Board shall note date action and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, the reason for such notification shall be conclusive evidence of the date of its receiptaction.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association It is agreed by both the Company and the Union that should the Industrial Relations Administrator be unavailable for presentation of a formal grievance and or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps step one of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having procedure, the grievance adjusted without intervention of the Associationin that case, if the adjustment is not inconsistent with the terms of this Agreement, will proceed directly to step two provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced submitted within two working days following the rendering of the Supervisor’s answer. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY LETTER OF UNDERSTANDING The Company will make every reasonable effort to ensure that no employee with ten or more years of seniority will work less than the number of insurable weeks per year required to qualify for benefits. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY XXXXXX MUSIC The Company and the Union agree that in the event of a recall to work for a definite term and task of less than one week, the Company shall begin by recalling employees by order of seniority. If senior employees do not choose to return to work, the qualified junior employee on layoff (irrespective of shift) may be assigned the work and must accept the recall. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY LETTER OF UNDERSTANDING RE: TECHNOLOGICAL CHANGE If the numbers of permanent full-time employees are substantially reduced as a direct result of technological change, the Company agrees to advise the Union of the potential reduction of Unionized employees prior to any such change. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY The Company will continue its practice concerning the above subject matter, with the understanding that it will not result in the layoff or delay of recall of any regular employee who has completed the probationary period and has acquired proper seniority standing. The Company reserves the right to contract out work. However, the Company will offer the opportunity to perform complete projects to the next step.
B. skilled trades group who are qualified, capable and competent in the required skills. The Assistant Principaluse of skill trades must be cost competitive and be able to complete the job in the specified time frame. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, PrincipalONTARIO. FOR THE UNION FOR THE COMPANY Employees unable to bump the most junior employee within their own wage rate classification, Assistant Superintendentwho are, Superintendentby virtue of existing language with regard to lay-off contained in the collective agreement, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If forced to accept a dispute shall arise as to date on which said appeal was takenposition in a lower wage rate classification, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or treated as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.follows:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association
Section 1: A grievance shall be defined as any dispute regarding the meaning, interpretation, application or any teacher, believing there alleged violation of the terms and provisions of this Agreement.
Section 2: Grievances shall be processed according to the following procedures:
Step 1: An employee who feels he/she has been a violation, misinterpretation aggrieved or misapplication of believes that any provision of this Agreement may file a grievance has not been applied or interpreted properly must discuss his/her complaint with the Chief of Police within fourteen (14) calendar days after the occurrence of the event upon which the grievance is based. The parties designated shall discuss the complaint in a fair manner and shall make every effort to reach a satisfactory settlement at this point. If the matter is not satisfactorily settled through discussion, the aggrieved employee shall produce the grievance in written format and submit it to the Chief within seven (7) calendar days of the discussion. The document shall set forth the nature of the grievance, the dates of the matter complained of, the names of the employee or employees involved and the circumstances surrounding the grievance. A decision in writing must be rendered by the Chief within fourteen (14) calendar days after receipt of written document unless extended in writing by both parties.
Step 2: If the grievance has not been resolved in Step 1 and the Union desires to process the grievance further, it shall appeal the grievance to the Human Resources Director or designee within fourteen (14) calendar days from notification of the Chief's written reply.
Step 3: If the grievance has not been resolved in the procedures outlined below. The foregoing steps and the Union desires to process the grievance further, it shall submit the grievance to arbitration through the American Arbitration Association can be present for all steps in accordance with its Voluntary Labor Arbitration Rules, provided such submission is made within fourteen (14) calendar days after notification to the Union of the Grievance ProcedureHuman Resources Director or designee answer. Nothing contained herein shall be construed Failure to prevent request arbitration in writing within such period shall
Section 3: Time limits at any individual teacher from presenting a grievance and having step of the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits procedure may be extended upon good cause shown, or only by mutual consent of written agreement between the partiesEmployer and the Union. It is understood that In the event the Union does not appeal a grievance from one step to another within the time limits set forth herein or agreed upon specified, the grievance shall be considered as substantivebeing settled on the basis of the Employer's last answer. Failure by In the grievant event the Employer fails to conform reply to the time limits herein provided shall mean a grievance at any step of the grievance has been dropped. Failure by procedure within the Board or its representatives to conform to the specified time limits shall mean limits, the grievance is automatically shall be considered to be denied and may be advanced to the next stepstep by the Union by written appeal within the proper time limit after the answer is due.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association Except for 1) any specific grievance or dispute solely concerning the professional medical competence of a Resident (subject to Article XI), and 2) any teacherand all decisions of the Hospital relating to hiring of Residents or retention of the Training Program, believing there has been a violationwhich decisions shall be subject to the sole discretion of the Hospital, misinterpretation any grievance or misapplication of any provision of this Agreement dispute which may file a grievance with arise between the parties concerning the application, interpretation, performance or alleged breach of the Agreement shall be subject to the procedures of Article XII, and shall be settled in the following manner. CIR’s staff representative, as designated in writing in advance by CIR, with or without the procedures outlined belowResident, shall present the grievance in writing to the TPD within thirty (30) days (excluding holidays) from the date of the event giving rise to the grievance. The Association can be present for all steps date of filing of the Grievance Procedure. Nothing contained herein grievance shall be construed to prevent any individual teacher from presenting a grievance and having recorded on the grievance adjusted without intervention of form. The TPD shall attempt to adjust the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity matter and shall respond to be present at such adjustmentCIR within ten (10) business days.
A. All time herein (A) If the grievance has not been settled, it shall consist of school be presented in writing by CIR’s staff representative, as designated in writing in advance by CIR, to the Chief Academic Officer or his designee within ten (10) business days after the answer or failure to answer in Step 1; the grievance shall be signed by the aggrieved Resident and CIR’s staff representative, as designated in writing in advance by CIR. The Chief Academic Officer, or his designee, shall respond to CIR in writing within ten (10) days. Time limits may be extended upon good cause shown, The Chief Academic Officer’s or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon his designee’s failure to respond shall be considered as substantive. Failure by a denial of the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepgrievance.
B. (B) The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when Hospital may present any grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence it has at Step 2 within thirty (30) days of the date of its receipt.
C. In the event grievance in writing directly to CIR’s staff representative, as designated in writing in advance by CIR. CIR’s staff representative shall respond in writing within ten (10) days. All grievances shall be presented within the time limitations contained herein or they shall be considered waived and not subject to arbitration without regard for any excuse for the failure. Unless a grievance is filed after May 15 of any year, and strict adherence to appealed within the time limits may result in hardship to any partylimitations contained herein after each step, the Board shall use its best efforts to process such a grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article conclusively deemed to have been settled in accordance with such answer, which shall be processed during non-teacher hoursfinal and binding upon the aggrieved Resident and Residents and CIR. For All the purpose limits herein specified shall be deemed to be exclusive of this articleSaturdays, non-teacher hours shall mean the time before school begins for teachers Sundays and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesHolidays.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Definition of a Grievance A grievance shall be considered as a difference between the parties in the interpretation, application or administration or alleged violation of this Agreement. Nothing within the grievance definition or procedure shall prevent an Employee from discussing concern or complaint with Supervisor or Department Head. Settling of Grievances An xxxxxxx effort shall be made to process and settle grievances fairly and promptly in the following manner: Complaint It is agreed that an Employee has no grievance until has first given immediate Supervisor an opportunity to adjust complaint within fourteen (14) calendar days of its occurrence or when they ought to have become aware of it. The Association Employee may request to meet with their Supervisor and is permitted to have a co-worker from their department present at the meeting. Prior approval is required to attend the meeting. The Employee has the option of a written submission as an alternative to the meeting. The Employee will provide a written response to the complaint and if no satisfactory answer is received within seven (7) calendar days from the time it was first discussed with the Employee’s immediate Supervisor, the Employee may proceed to Step of the grievance procedure. Failing satisfactory settlement at the complaint stage the Union may present the grievance to the appropriate supervisor within seven (7) calendar days following the decision at the complaint stage. The grievance shall be in writing on a mutually approved form and shall include the nature of the grievance, the redress sought and the section or any teachersections of the agreement that are alleged to have been violated. The Supervisor shall deliver decision in writing within seven (7) calendar days following the presentation of the grievance to Step the Failing satisfactory settlement at Union may present the grievance to the Administrator, believing there has been or designate, in writing within seven days following receipt of the decision at Step A meeting will be held within seven (7) calendar days from receipt of the grievance between the Administrator, or designate, and the Union. The decision of the Administrator, or designate, shall be delivered in writing within seven (7) calendar days of the meeting. Failing satisfactory settlement at Step either party may refer the grievance to arbitration within thirty (30) calendar days following receipt of the decision at Step Policy Grievance The Union may file a grievance alleging violation, misinterpretation or misapplication of any provision of this Agreement may file Agreement, Such a grievance with the parties designated in the procedures outlined below. The Association can will be present for all steps submitted at Step Two of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having procedure by the grievance adjusted without intervention President of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present Local or designate. Attendance at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.Grievance Hearings
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms 7.01 For purposes of this Agreement, provided that a grievance is defined as a difference arising between the bargaining representative has been given opportunity parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.
7.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a Registered Respiratory Therapist is entitled to be present at such adjustmentrepresented by their Union representative. In the case of suspension or discharge, the Hospital shall notify the Registered Respiratory Therapist of this right in advance. The Hospital also agrees, as a good labour relations practice, in most circumstances it will also notify the Union. The Hospital agrees that where a Registered Respiratory Therapist is required to attend a meeting with the Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the Registered Respiratory Therapist of the purpose of the meeting and their right to Union representation. All investigations related to a Registered Respiratory Therapist’s employment will be completed in a timely manner.
A. All 7.03 It is the intent of the parties that complaints of Registered Respiratory Therapists shall be adjusted as quickly as possible, and it is understood that a Registered Respiratory Therapist has no grievance until they have first given their immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with their immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Registered Respiratory Therapist. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days in the following manner and sequence: The Registered Respiratory Therapist may submit a written grievance, through the Union, signed by the Registered Respiratory Therapist, to the Hospital Administrator; or designate. The grievance shall be on a form referred to in Article 7.09 and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The parties may, if they so desire, meet to discuss the grievance at a time herein shall consist of school daysand place suitable to both parties. Time limits The Hospital Administrator or designate will deliver their decision in writing within nine (9) calendar days following the day on which the grievance was presented to them. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. 1, the grievance may be submitted in writing to the Hospital Administrator or designate. A meeting will then be held between the Hospital Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step 2 unless extended upon good cause shown, or mutual consent by agreement of the parties. It is understood and agreed that a representative(s) of the Ontario Nurses’ Association and the grievor may be present at the meeting. It is further understood that the time limits set forth herein Hospital Administrator or agreed upon designate may have such counsel and assistance as they may desire at such meeting. The decision of the Hospital shall be considered as substantive. Failure by the grievant to conform delivered in writing to the time limits herein provided shall mean Labour Relations Officer and the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of Union representative within nine (9) calendar days following the date of its receiptsuch meeting.
C. In 7.04 A complaint or grievance arising directly between the event Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Bargaining Unit President or designate.
7.05 Where a grievance is filed after May 15 number of any yearRegistered Respiratory Therapists have identical grievances, and strict adherence each Registered Respiratory Therapist would be entitled to grieve separately they may present a group grievance in writing signed by each Registered Respiratory Therapist who is grieving to the time limits may result in hardship to any party, Chief Executive Officer or designate within fourteen (14) calendar days after the Board shall use its best efforts to process such grievance prior circumstances giving rise to the end grievance have occurred or ought reasonably to have come to the attention of the school term or Registered Respiratory Therapist(s). The grievance shall then be treated as soon thereafter as possiblebeing initiated at Step No. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For 1 and the purpose applicable provisions of this article, non-teacher hours Article shall mean then apply with respect to the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesprocessing of such grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association (a) Any dispute, grievance or misunderstanding (hereinafter called “grievance”) involving occupational classification, wages, seniority, hours of work or other working conditions which any teacheremployee or group of employees may desire to discuss and adjust with the Company, believing there has been a violation, misinterpretation or misapplication of any provision shall be handled in accordance with the provisions of this Agreement Article.
(b) While an employee may file discuss a grievance with his / her Supervisor at any time, a request for retroactive adjustment need not be entertained by the parties designated Company unless the grievance is presented in the procedures outlined below. The Association can be present for all steps writing within thirty (30) days of the Grievance Procedureincident which gave rise to the grievance. Nothing contained herein Any grievance shall be construed deemed to prevent any individual teacher from presenting have been withdrawn if, after a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative written answer has been given opportunity at any Step, more than thirty (30) days have elapsed before the grievances is carried to the next Step.
(c) The employee shall first take up his / her grievance directly with the Supervisor of the department. If the matter is not resolved by the Supervisor, it shall be handled as follows:
Step 1 The employee may report the matter to the xxxxxxx elected to represent the employee’s group, who, together with the employee may take up the matter with the Supervisor and shall at the same time present to the Supervisor a written grievance, listing the issue and the adjustment desired. If the written decision of the Supervisor does not settle the matter to the satisfaction of the employee or ten (10) business days have elapsed since the grievance was submitted under the provisions of this step, the employee and the xxxxxxx may:
Step 2 Take up the matter with the appropriate member of supervision above the Supervisor as designated by the Company from time to time. If the written decision of the appropriate member of supervision does not settle the matter to the satisfaction of the employee or twenty-one (21) days have elapsed since the grievance was submitted under the provisions of this step, the xxxxxxx may: Submit the grievance to the Human Resources Manager or delegate. The Union Bargaining and Grievance Committee may then discuss it with the Human Resources Manager or delegate at a time to be present at such adjustmentagreed upon. If the Human Resources Manager or delegate does not settle the matter to the satisfaction of the Union Bargaining and Grievance Committee within six (6) weeks after the grievance has been submitted under this step, the provisions of Article XVI may be invoked.
A. (d) All decisions arrived at by agreement with the Human Resources Manager or delegate, and the Union Bargaining and Grievance Committee with respect to any grievance shall be made in writing and shall be final and binding upon the Company and the Union.
(e) Nothing in this Agreement shall be deemed to take away the right of an individual employee to present any personal grievance to the Company.
(f) It is understood a grievance for an employee dismissal will be initially submitted at third step.
(g) The above time herein shall consist of school days. Time limits limit may be extended upon good cause shown, or waived by mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Any difference between any employee covered by this agreement and the Board, or in a proper case between.the Local of The Alberta Teachers, Association and the Board concerning the interpretation, application, operation or alleged violation of this agreement, and further, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows without stoppage of work or to perform work. Such difference (hereinafter called "a grievance") shall first be submitted in writing to the secretary-treasurerof the Board and the chairman of the Economic Policy Committee of the Aspen View Local Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated and the remedy sought and shall be submitted within school days from the day the grievant first had knowledge of the incident giving rise to the grievance. In the event the grievance is not settled within days after the date of submission of the grievance in accordancewith the above procedure, then on or before a further five days have elapsed from the expiration of the aforesaid day time period, the teacher shall refer in writing to the of the Board, who shall notify the grievance committee which shall be composed of two representatives of the Board and two representatives of The Alberta Teachers' Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within days following receipt of the submission except whereby unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be and binding. If the grievance does not reach a unanimous or any teacherdecision within the said time, believing there has been then either party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice may be given within days after the date of the aforesaid day limit expires or the date the grievance committee renders other than a violationunanimous decision, misinterpretation whichever is shorter. Each party shall one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint, any party may request the Minister of the Department of Labour to make the necessary appointment. The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard. Aspen View Regional Division No p The arbitration board shall not change, amend or misapplication alter any of the of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement may file agreement or that involves the determination of a grievance with subject matter not covered by, or arising during the term of this agreement. The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties designated in and upon any employee affected by it. If there is not the procedures outlined belowdecision of the chairman governs and it shall be deemed to be the award of the Board. The Association can be present for all steps arbitration board shall give its decision not later than days after the appointment of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreementchairman, provided however that the bargaining representative has been given opportunity to be present at such adjustment.
A. All this time herein shall consist of school days. Time limits period may be extended upon good cause shown, or mutual by written consent of the parties. It is understood that Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman. the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays. In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the Board) the grieving party fails to take the necessary action within the time limits set forth herein or agreed upon specified, the grievance shall be considered as substantivedeemed be at an end. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary Any of the Board shall note date and aforesaid time hits may be extended at any stage upon the written consent of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association parties agree that discussions should occur between employees, Union representatives and Employer representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussions between employees, Union representatives and Employer representatives. Where discussions on problems or differences occur, the time limits in Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application, operation or any teacheralleged violation of the Agreement arises between the Employer and the Union, believing there has been a violationor between an and the Employer, misinterpretation or misapplication it shall be processed according to the following grievance procedure. Nothing in this provision deprives of any provision rights or remedies to which they are entitled in any legislation. Grievances involving the interpretation, application, operation or any alleged violation of this the Agreement may file a grievance with must have the parties designated approval and support of the Alliance. The time limits set out in the procedures outlined belowgrievance procedure are mandatory and not directory. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein In calculating time limits, Saturdays, Sundays and holidays shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school daysexcluded. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that If the time limits set forth herein out in Steps or agreed upon shall of the grievance procedure are not complied with, then the grievance will be considered as substantive. Failure by being abandoned, unless the grievant parties have mutually agreed, in writing, to conform to extend the time limits herein provided shall mean limits. If the Employer fails to a time limit, the Union, at its option, may either advance the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. step or await the Employer’s response, in which case no time limit shall run against the Union until it has received the Employer’s response. shall have the right to be represented at any step of the grievance procedure. The Assistant Principaland the Union representatives shall be given leave with pay to attend such meetings. When an employee has asked or is obliged to be represented by the Alliance in relation to the presentation of a grievance and a representative of the Alliance wishes to discuss the grievance with that employee, Principal, Assistant Superintendent, Superintendentthe employee and the representative will be given reasonable leave with pay for this purpose. The Union shall be given full opportunity to present evidence and make representations throughout the grievance procedure. The shall be advised of their right to have a union representative present at any disciplinary meeting held with bargaining unit The Employer shall designate a representative at each level of the grievance procedure and shall inform the union in writing on an annual basis, or Secretary as required, of the Board shall note date name and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence title of the date of its receiptperson designated at each level.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association A “grievance” shall mean an allegation by an employee resulting in a dispute or any teacher, believing there has been a violation, misinterpretation disagreement between the employee and the EMPLOYER as to the interpretation or misapplication application of terms and conditions in this Agreement and the classification system. Any unresolved complaints as to the reasonableness of any new rules, regulations or policies in their application, shall be resolved through the grievance procedure. The Employee shall may be represented during each step of the procedure by a representative of the MFPE. In computing any period of time prescribed or allowed by procedures herein, the date of the act, event, or default for which the designated period of time begins to run shall not be included. The filing or service of any notice or document herein shall be timely if it is personally served or if it bears a certified postmark of the United States Postal Service within the time period. Upon instituting a grievance in a forum other than that outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article or, alternatively, if the grievance is pending in the grievance procedure and the employee institute a proceeding in another forum other than those outlined herein, the right to pursue it further shall be immediately waived. A party instituting any action, proceeding or complaint in a federal or state court of law, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. This provision shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. It is understood by the employee that if he/she elects to go outside the grievance procedure the MFPE is not permitted nor required to proceed with a grievance for that employee.
Step 1. Any dispute involving the interpretation, application or alleged violation of a specific provision of this Agreement may file a grievance shall be discussed with the parties designated in employee’s immediate supervisor within 15 working days of the procedures outlined belowdate of the act or event. . The Association can immediate supervisor shall have 10 working days to respond. All grievances must be present for all steps discussed with the immediate supervisor prior to the filing of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a formal grievance and having no formal grievance may be filed until the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative immediate supervisor has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean attempt resolution before moving the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepStep 2.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been A. A grievance is defined as a violation, misinterpretation or misapplication claimed violation of any provision of this Agreement may file or of any Rutgers policy relating to mandatorily negotiable wages, hours or terms and conditions of a grievance with the parties designated in the procedures outlined belowbargaining unit member's Winter/Summer Session employment which has been filed pursuant to this Article. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits procedure set forth herein or agreed upon shall is the sole and exclusive right and remedy for any and all claims that could be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the brought under this grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepprocedure.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary All grievances must specifically cite which provision of this Agreement and/or Rutgers policy is alleged to have been violated; must set forth who is alleged to have committed the Board shall note date violation; and time of day must be set forth when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of and where the date of its receiptalleged violation occurred.
C. In A grievance may be resolved by the event Union and the University at any time. Resolution of a grievance is filed after May 15 shall be pursued through the Office of any year, and strict adherence to University Labor Relations in consultation with the time limits may result in hardship to any party, Office of Winter/Summer Sessions that has made the Board shall use its best efforts to process such grievance prior to the end appointment of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekbargaining unit member.
D. Grievances arising under this article shall be processed during non-teacher hourssubmitted via email with the Office of University Labor Relations within thirty (30) working days after the occurrence of the event which gave rise to the grievance, or within thirty (30) working days after the grievant knew, or should have known, of the occurrence of the event, but in no case beyond two (2) months after the event occurred.
E. A grievance shall be handled in the following manner: E. 1. For STEP ONE Grievances will be forwarded by the purpose Office of this articleUniversity Labor Relations to the Director of the Office of Winter/Summer Sessions which has made the appointment. The Director of the Office of Winter/Summer Sessions, non-teacher hours or his/her designee(s) (Director or designee), may conduct such investigation as he or she may require in order to render a written response, including meeting(s) with the grievant and Union Representative, as well as other individuals who are determined by the Director or designee to be concerned in or to have knowledge of the matter. Such a meeting, if held, shall mean be within ten (10) working days after filing the time before school begins for teachers and grievance. The Director or designee will provide a written decision within ten (10) working days after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.meeting, or within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been A. Any Employee having a violation, misinterpretation or misapplication of any provision specified grievance alleging a violation of this Agreement may file Agreement, a grievance violation or deviation from an established County or departmental policy or procedure, or a failure of the County or department to comply with a policy, procedure, method, practice or regulation of the County or department shall, within fifteen (15) calendar days of the alleged grievance, take the matter up with the parties Sheriff or the Sheriff's designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein representative, who shall be construed attempt to prevent any individual teacher from presenting a grievance and having adjust the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining County or departmental policy, procedure, method, practice or regulation. The employee shall be entitled to have a Union representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next this step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, Any employee may request the Sheriff or Secretary the designated representative of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as Sheriff to date on which said appeal was taken, such notification shall be conclusive evidence call one of the date designated local union representatives to handle a specified grievance with the Sheriff or the designated representative of its receiptthe Sheriff. In this case, the Union representative will be notified without undue delay and without further discussion of the grievance. This procedure shall not unduly delay the operations of the Sheriff's Department.
C. In The grievance shall be considered resolved when the event parties are agreed upon a remedy or the grievance is filed withdrawn by the Union. A resolved grievance shall not be subject to further advancement through the grievance procedure.
X. Xxxxxxxxxx shall be considered settled at Step 1 unless reduced to writing on appropriate forms signed by the aggrieved employee and delivered to the office of the Sheriff or designee within ten (10) calendar days after May 15 the meeting or adjourned meeting at Step 1. In this case a meeting will be arranged within fifteen (15) working days between the designated representative of the Union, the Grievant(s), and the Sheriff or the Sheriff's designated representative for the purpose of attempting to settle the grievance at the department level. The Sheriff or designee shall provide a written decision within ten (10) working days to the Union.
B. The grievance shall be considered resolved when the parties are agreed upon a remedy or the grievance is withdrawn by the Union. A resolved grievance shall not be subject to further advancement through the grievance procedure.
X. Xxxxxxxxxx shall be considered settled at Step 2 unless delivered to the Human Resources Office within seven (7) calendar days after completion of Step 2. The Human Resources Director shall serve as the County's Grievance Representative and shall be empowered to resolve all grievances within the terms of the Collective Bargaining Agreement.
B. Such notice shall contain a request by the Union that a hearing be held within two (2) weeks of the delivery of said notice for the disposition of said grievance. At such hearing both the Union and the Employer Representative(s) may request the presence of any year, and strict adherence all parties who have been involved in the grievance up to this step.
C. At such hearing the time limits Sheriff may result in hardship be represented by one (1) or more representatives and the Union and the Grievant(s) may be represented by their Union representative(s) theretofore designated as grievance representatives and such other Union representative it wishes to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekhave present.
D. Grievances arising under this article The grievance representative of the Employer shall deliver the decision of the Employer to the Union in writing within ten (10) work days excluding holidays and weekends following the hearing.
E. If additional time is deemed necessary to properly investigate matters relative to the grievance at any step outlined above, such additional time may be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as granted only if mutually agreed upon between the parties.
F. It is agreed that Saturday, Sunday and holidays shall not be counted in computing time limits provided herein, except when such time limits are measured in weeks.
G. The grievance shall be considered settled at Step 3 unless written notice is delivered to the Human Resources Office within thirty (30) calendar days after the completion of Step 3.
X. Xxxxxxx of the designated Employer Representative(s) to comply within the deadline established at any step shall result in advancement to the next step of the procedure, if determined by the Union.
I. The grievance shall be considered resolved when the parties are agreed upon a remedy or the grievance is withdrawn by the Union. A resolved grievance shall not be subject to further advancement through the grievance procedure.
8.4: Step 4 It is mutually agreed by the parties hereto that the inclusion of compulsory arbitration shall be subject to the following safeguards and conditions.
A. The Union shall within thirty (30) calendar days following the County's decision at Step 3, notify the County Human Resources Director and Sheriff of the Union's intention to pursue arbitration, or the matter will be untimely.
B. The Union shall within thirty (30) calendar days following notice of intent pursuant to A. above, request arbitration through the Michigan Employment Relations Commission, the American Arbitration Association, or the Federal Mediation and Conciliation Service or as otherwise mutually agreed by the parties or the matter will be untimely.
C. The fee and expenses of the arbitrator shall be shared equally by the County and the Union. All other expenses related to the arbitration proceedings, including any expenses incurred by calling witnesses, shall be borne by the parties incurring such expenses.
D. The arbitrator shall be limited to apply and interpret those articles and sections of this Agreement and shall have powers as hereby limited by application of Step 1 (A) of this article, after due investigation, to make a decision in cases of alleged violations, misinterpretations, or misapplications of a specified article and section of this Agreement.
E. The arbitrator shall have no power to add to, subtract from disregard, alter, or modify any of the terms of this Agreement, nor shall the arbitrator be empowered to award damages or establish salary schedules or classifications except as provided in Article XVI - Career Change and Advancement, Section 16.
F. The arbitrator, in rendering a decision, shall give full recognition to the whole of the Agreement as it relates to responsibilities, powers, authority, and rights vested with the County and Sheriff, except as specifically limited by express provisions of this Agreement.
G. The arbitrator's decision shall be submitted in writing and shall set forth the findings and conclusions with respect to the issue(s) submitted to arbitration, and such decision shall be final and binding on all parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Step 1 An employee having a question or complaint shall refer it to his immediate supervisor within ten working days of the actual occurrence leading to the question or complaint. The Association supervisor shall reply to the employee, giving the answer to the complaint or question within four working days from the date of the submission. Step 2 If the reply of the supervisor is not satisfactory to the employee, the grievance will then be stated in writing, dated and signed by the employee and will, within five working days after the date of the supervisor's reply, be submitted to the Home Administrator or her designate or, in her absence, to her secretary. Within five working days after receiving a written grievance, the Home Administrator (or her designate) will meet with the employee and his xxxxxxx to discuss the matter. At this meeting a representative will be present if requested by either party. A reply to the grievance will be given within three working days after this meeting has been held. If arbitration of any grievance is to be invoked, the request shall be made by either party within fifteen days after the date of the reply at Step The Home shall not be required to consider any grievance, the alleged circumstances of which occurred more than one week before being taken up at Step With grievances concerning pay, any action shall be taken as soon as reasonably possible following receipt of the pay cheque. If the Union or any teacherof its representatives fails to observe any of the time limits set out under this grievance procedure, believing there has been a violationthe grievance shall be considered as dropped. If the Home fails to observe the time limits the grievance will be advanced to the next step or to arbitration, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated whichever is applicable. An employee subject to disciplinary action which is to be recorded in the procedures outlined below. The Association can be present for all steps employee's personnel file, shall have the right, if she so requests, to the presence of the Grievance ProcedureUnion xxxxxxx or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working on the current shift. Nothing contained herein Having provided a written request to the administrator at least one week in advance, an employee shall be construed entitled to prevent her personnel file for the purpose of reviewing any individual teacher from presenting evaluations or formal disciplinary notations contained therein in the presence of a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present supervisor at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the partiesa mutually satisfactory time. It is understood and agreed that an employee is not entitled to see job references. As used herein, the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided terms and/or "working shall mean the grievance has been dropped. Failure by the Board or its representatives Monday to conform to the time limits shall mean the grievance is automatically advanced to the next stepFriday inclusive, but excluding any Paid Holidays.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. (a) Any dispute, grievance or misunderstanding (hereinafter called grievance) involving occupational classification, wages, seniority, hours of work, or such other employment conditions which any employee or group of employees may desire to discuss and adjust with the Company shall be handled as follows:
Step 1 The Association employee shall discuss his grievance with the Shift Supervisor of his department. If the employee believes that he cannot properly express or any teacherexplain his difficulties to the Shift Supervisor, believing there the employee may report the matter to the xxxxxxx who, together with the employee may discuss the matter with the Shift Supervisor. If the grievance is not satisfactorily adjusted following such discussion the employee may submit a written summary of the grievance to his Shift Supervisor.
Step 2 If the grievance is not satisfactorily adjusted by the Shift Supervisor within forty-eight (48) hours after the grievance has been submitted to him in writing under the provisions of Step 1 hereof, the employee and the xxxxxxx may take up the matter directly with the Site Manager or his appointee.
Step 3 If a violationsatisfactory settlement is not reached within forty-eight (48) hours after the matter has been discussed in accordance with Step 2 hereof, misinterpretation the xxxxxxx may submit the grievance in writing to the Union Committee with a copy to the Company. The Union Committee may then discuss it with the Company at a time to be agreed upon which shall not be later than ten (10) days following the date the grievance is submitted in writing in accordance with the provisions of Step 3.
(b) All decisions arrived at by agreement between the Company and the Union Committee with respect to any grievance involving a difference between the Company and an employee or misapplication group of employees should be made in writing and shall be final and binding on the Company and the Union and shall be without prejudice and will not set a precedent. In the event of failure to reach agreement through Step 3 of this clause, the Company shall confirm its decision in writing to the Union Committee within ten (10) days.
(c) Nothing in this agreement shall be deemed to take away the right of an individual employee to present any personal complaint to the Company.
(d) While an employee may discuss a grievance with his Shift Supervisor at any time, a request for retroactive adjustment need not be entertained by the Company unless the grievance is presented in writing within thirty (30) days of the date of the incident which gave rise to the grievance or if more than two (2) weeks have elapsed from the time the grievance is carried to the next higher step. The time limits specified herein will not include periods during which an employee is unable to file or process a grievance on account of leave of absence or vacation.
(a) Any difference between the Company and the Union involving an alleged violation of any provision Article of this Agreement which directly affects the interests of the Union or the Company as a party to this Agreement may file be filed as a grievance with in writing by either party. Any such grievance so submitted shall if initiated by the parties designated in Union be signed by the procedures outlined belowemployee recognized as the representative of the Union Committee of Local 9042 or if initiated by the Company shall be signed by the Site Manager or his appointee. The Association can be present for all steps written grievance shall state the matter at issue, the grounds on which the violation of the Grievance Procedure. Nothing contained herein Agreement is alleged to have occurred, the specific clause or clauses relied upon and the nature of the relief or remedy sought.
(b) The Company and the Union Committee shall be construed meet to prevent any individual teacher from presenting a grievance and having discuss the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity at a time to be present at such adjustment.
A. All time herein mutually agreed upon which shall consist of school days. Time limits may not be extended upon good cause shown, or mutual consent of later than ten (10) days following the partiesdate the grievance is submitted in writing. It is understood that a representative of the United Steelworkers may be in attendance at such meetings. All decisions arrived at by agreement between the Company and the Union Committee with respect to any grievance involving a direct difference between the Company and the Union shall be made in writing and shall be final and binding on both parties. and shall be without prejudice and will not set a precedent In the event of failure to reach agreement the party to whom the matter was submitted shall confirm its decision in writing to the other party within ten (10) days.
(c) While a grievance concerning a direct difference between the Company and the Union may be discussed at any time, a request for retroactive adjustment need not be entertained by the party to whom the grievance is submitted unless the grievance is presented in writing within thirty (30) days of the date of the incident which gave rise to the grievance.
11.03 Unless the party initiating a grievance processes it within the time limits set forth herein or agreed upon in this Article 11 the grievance shall be considered as substantive. Failure by the grievant deemed to conform to the have been abandoned.
11.04 The time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification specified in this Article 11 shall be conclusive evidence deemed to be exclusive of the date Saturdays, Sundays, those holidays described in clause 6.03 of its receipt.
C. In the event a grievance is filed after May 15 of any year, this Agreement and strict adherence to the planned vacation shutdowns. These time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end be extended by mutual agreement of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekparties concerned.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association 17.1 A grievance is defined as a dispute or any teacher, believing there has been a violation, misinterpretation disagreement as to the interpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps application of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance specific terms and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms conditions of this Agreement.
17.2 The Employer will recognize representatives designated by the Organization as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Organization shall notify the Employer in writing of the names of such Organization Representatives and of their successors when designated. The Employer shall notify the Organization in writing as to its designated representatives.
17.3 It is recognized and accepted by the Organization and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employee duties and responsibilities. The aggrieved employee and an Organization representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours, provided that the bargaining representative has been given opportunity employee and the Organization Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent the work program of the partiesEmployer. It is understood that the time limits Employer shall not use the above limitation to hamper the processing of grievances.
17.4 Grievances, as defined by 17.1, shall be resolved in conformance with the following procedure:
Step 1. When a violation concerning the interpretation or application of this Agreement is alleged, the Union shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employer’s Step 1 designee. The grievance shall be in writing and set forth herein the nature of the grievance, the facts on which it is based, the provision or agreed upon provisions of the Agreement allegedly violated, and the remedy requested. The Employer-designated representative will discuss and give a written answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 shall be appealed to Step 2 by the Organization within fifteen (15) calendar days after the Employer-designated representative’s final answer in Step 1. Any grievance not appealed in writing to the Employer’s Step 2 designee by the Organization within fifteen (15) calendar days shall be considered as substantivewaived. Failure If practical, an aggrieved employee and the Organization are encouraged, but not required, to seek resolution of the dispute directly with the employee’s supervisor before initiating a written grievance. However, absent a written agreement between the Union and the Employer’s Step 1 designee, such preliminary resolution efforts shall not extend the timelines of this Section 17.4.
Step 2. If appealed, the grievance shall be discussed between the Organization and the Employer-designated Step 2 representative. The Employer-designated representative shall give the Organization the Employer’s Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to the Employer’s Step 3 designee by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school Organization within ten (10) calendar days shall be counted as five (5) school days per calendar weekconsidered waived.
D. Grievances arising under this article Step 3. If appealed, the written grievance shall be processed during nonpresented by the Organization and discussed with the Employer-teacher hoursdesignated Step 3 representative. For The Employer-designated representative shall give the purpose Organization the Employer’s answer in writing within ten (10) calendar days after receipt of this article, nonsuch Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-teacher hours designated representative’s final answer in Step 3. Any grievance not appealed in writing to the Employer’s Step 4 designee by the Organization within ten (10) calendar days shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesbe considered waived.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a 5.01 No grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform which usurps Management's function.
5.02 It shall be optional to the time limits herein provided shall mean Company to decline to consider any grievance the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary alleged circumstances of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as originated more than five (5) school regular working days prior to its presentation unless the circumstances of the case made it impossible for the employee or for the Association, as the case may be, to know that the employee or the Association had grounds for such a claim prior to that date, in which case it shall be optional for the Company to decline to consider any grievance not filed within five (5) days from the time that the circumstances would reasonably have become known to the employee or Association, as the case may be.
5.03 An employee having a grievance shall present it to management as follows:
(a) The Bargaining Unit President or designate may submit a grievance on behalf of an employee or group of employees to the appropriate Company Representative.
(b) The Bargaining Unit President may, after having arranged the appointment, leave work to discuss the grievance with the appropriate Company Representative.
(c) If the matter is not disposed of verbally, the Bargaining Unit President may, after having arranged an appointment, leave work to discuss the grievance with Staff Labour Relations, or the designated representative.
(d) If the matter is not disposed of verbally, the Bargaining Unit President may present a signed grievance in writing, on forms to be supplied by the Company, to Staff Labour Relations. The written grievance shall set forth the nature of the grievance, the date of the matter complained of, and the provisions of this Agreement that the Company has allegedly violated. Staff Labour Relations shall deal with the grievance and render a decision in writing to the Bargaining Unit President not later than the third regular working day next following the day upon which the grievance is filed.
(e) If the decision of Staff Labour Relations is not satisfactory to the employee or Bargaining Unit President, as the case may be, they may appeal therefrom by lodging an appeal in writing with Management's representative within three (3) regular working days of the delivery of the decision.
(f) If the appeal under 5.03 (e) has been lodged it shall be placed upon an agenda by the Bargaining Unit President for consideration at the conference next following between Management and the Association Committee. Such a conference shall be held not more than once per calendar weekweek and the agenda and the request for a conference shall be supplied to Management's representative at least twenty-four (24) hours before the conference. Management's decision on such appeal shall be rendered in writing promptly thereafter (normally within five (5) working days).
D. Grievances arising under 5.04 The failure of the grievor or the Association to properly identify the provision(s) of this article Agreement that the Company has allegedly violated shall not prejudice the determination of the grievance on its merits.
5.05 The grievance procedure equally shall apply to a grievance lodged by a group of employees.
5.06 No claims, including claims for back wages, by an employee covered by this Agreement or by the Association against the Company shall be processed during non-teacher hours. For valid for a period prior to the purpose date the grievance was first filed in writing unless the circumstances of this articlethe case made it impossible for the employee or for the Association, non-teacher hours as the case may be, to know that the employee or the Association had grounds for such a claim prior to that date, in which case the claim shall mean be limited retroactively to a period of thirty (30) days prior to the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between date the partiesclaim was first filed in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication 8.01 It is the intent of any provision this grievance procedure to provide for the successful administration of this Agreement may file by providing a grievance with procedure to be utilized for the parties designated in prompt discussion and final and binding settlement of any grievance, arising from the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Associationinterpretation, if the adjustment is not inconsistent with the terms application, administration or alleged violation of this Agreement, provided including any question as to whether a matter is arbitrable.
8.02 The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible.
8.03 At the bargaining representative has been given opportunity time formal discipline is imposed or at any stage of the grievance procedure, an employee is entitled to be present at such adjustmentrepresented by her Union representative. At the time of suspension or discharge, the Employer shall notify the employee of this right in advance. The Hospital also agrees, as a good labour relations practice, in most circumstances to also notify the local Association. The Hospital further agrees that where an employee is required to attend a meeting with the Hospital that may lead to disciplinary action, as a good labour relations practice, it will inform the employee of the purpose of the meeting. The Employer agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her probationary period, without just cause.
A. All time herein 8.04 It is the mutual desire of the parties hereto that complaints of employees shall consist be adjusted as quickly as possible, and it is understood that a employee has no grievance until she has first given her immediate supervisor the opportunity of school adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of her immediate supervisor’s decision in the following manner and sequence: The employee, with the assistance of a Union representative may submit a written grievance, signed by her, to the Manager, Radiation Therapy. Time limits The nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager, Radiation Therapy will deliver her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her (or any longer period which may be mutually agreed upon). Failing settlement, the next step in the grievance procedure may be taken. Within nine (9) calendar days following the decision under Step No. 1, the employee may submit the written grievance to the Hospital Administrator or alternate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. A meeting will then be held between the Hospital Administrator (or designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2, unless extended upon good cause shown, or mutual consent by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses’ Association and the grievor may be present at this meeting. It is further understood that the Hospital Administrator or designate may have such counsel and assistance as she or he may desire at such meeting. A decision of the Employer shall be delivered in writing within nine (9) calendar days following the date of such meeting.
8.05 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances, giving rise to the complaint or grievance. A grievance by the employer shall be filed with the bargaining unit President or her designate.
8.06 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to the Department Head responsible for their department or alternate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
8.07 The release of a probationary employee shall not be subject to the grievance procedure unless the probationary employee is released for exercising a right under this Agreement. Such release will not be arbitrary or discriminatory. A claim by an employee who has completed her probationary period that she has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer at Step No. 2 within nine (9) days after the date the discharge is effected.
8.08 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned.
8.09 The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. The parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits set forth herein or agreed upon for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator.
8.10 When either party requests that a grievance be submitted to arbitration, this request shall be considered made in writing to the other party of the agreement indicating the name and address of its nominee to the arbitration board. Within fourteen (14) calendar days after the receipt of the request, the other party shall answer in writing indicating the name and address of its nominee to the arbitration board. The two nominees shall appoint a Chairperson. Whenever arbitration board is referred to in the agreement, the parties may mutually agree in writing to substitute a single arbitrator for the arbitration board.
8.11 If the recipient of the notice fails to appoint its nominee to the board of arbitration within ten (10) normal working days after the receipt of the request, or if the nominees fail to agree upon a chairperson within ten (10) normal working days after receipt of the second nominee, either party may then request the Ministry of Labour for the Province of Ontario to appoint a Chairperson.
8.12 No person may be appointed as substantive. Failure an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
8.13 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.
8.14 The proceedings of the Arbitration Board will be expedited by the grievant parties hereto and the decision of the majority and where there is no majority the decision of the chair will be final and binding upon the parties hereto and the employees concerned.
8.15 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expense, if any, of the chairperson of the Arbitration Board.
8.16 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to conform comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48(16) of the Labour Relations Act. However, the parties may agree to waive or extend any of the time limits herein provided shall mean established in the grievance and arbitration procedures.
8.17 No matter may be submitted to arbitration, which has not been dropped. Failure by the Board or its representatives to conform to the time limits shall mean properly carried through the grievance is automatically advanced to procedure within the next steptimes specified.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary 8.18 All agreements reached under the grievance procedure betw een the representatives of the Board shall note date Employer and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence the representatives of the date of its receiptUnion will be final and binding upon the Employer and the Union and the employees.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association Any grievance or dispute arising out of the application or meaning of the terms of this Agreement during the term of this Agreement and not specifically excluded from the grievance and arbitration procedure by this or any teacher, believing there has been a violation, misinterpretation or misapplication of any other provision of this Agreement may file a grievance with the parties designated shall be taken up in the procedures outlined manner set forth below. The Association can Grievances must be present for all steps of presented in writing at every step. Such writing shall specify in detail the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended acts upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean which the grievance is automatically advanced based, and the particular provisions of this Agreement allegedly violated by said acts. Failure to properly present a grievance in writing at this stage of the grievance procedure shall constitute a waiver of such grievance and bar all further action thereon. Failure on the part of the Employer to answer a grievance at any step shall not be deemed agreement thereto and the Union may proceed to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary . Workers have a right to Union representation for any grievance in dispute arising out the application of the Board shall note date Agreement. It is mutually understood and time of day when grievance complaint is received by himagreed that nothing herein will prevent a worker from discussing any problem with his/her/their supervisor or other representative of Management at any time, with or without his/her/their Union representative, prior to initiating a formal grievance. If Failure to present a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence grievance within 15 fifteen twenty (20) calendar days of the date the Union or employee became aware of its receiptthe issue shall nullify the grievance.
C. In STEP I: The complaint must be presented to the appropriate supervisor (e.g. director of nursing or kitchen manager) within fifteen (15) twenty (20) calendar days from the date of the event a grievance is filed after May 15 of any year, and strict adherence giving rise to the time limits may result in hardship to any partyconcern, or the Board date the event became known or should have been known. A meeting shall use its best efforts to process such grievance prior to be scheduled within fourteen (14) calendar days from the end date of the school term filing date, unless waived or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between extended by the parties.. The Supervisor will respond within fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association (a) Any complaint, disagreement or any teacherdifference of opinion between the Employer, believing there has been a violationthe Union or the employees covered by this Agreement, misinterpretation which concerns the interpretation or misapplication application of any provision the terms and provisions of this Agreement Agreement, shall be considered a grievance. Any employee, the Union or the Employer may file present a grievance. Any grievance which is not presented within thirty (30) days following the event giving rise to such grievance shall be forfeited and waived. This provision shall not be used to deny any employee his or her rights under the Provincial Labour Statutes.
(b) The Steps of the Grievance Procedure shall be as follows:
STEP I The employee, with or without the Shop Xxxxxxx, shall take his/her grievance up with the Xxxxxxx or Supervisor. The Employer shall take up his/her grievance with the employee concerned who shall have the right to have the Shop Xxxxxxx present.
STEP II Should a solution not be reached by Step I, then a Representative of the Union, accompanied by the employee and the Shop Xxxxxxx if the Union wishes, shall discuss the matter with Management.
STEP III The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment.
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.
(c) Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties designated agree, a Sole Arbitrator shall be chosen to act in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance same capacity and having the grievance adjusted same powers as a Board of Arbitration.
(d) If the Arbitration Board finds that an employee has been suspended or discharged without intervention proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his/her rights, benefits and privileges which he/she 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 AssociationArbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, if the adjustment is not 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 that for herein, or a dispute under 24 (b) herein, or a dispute under the bargaining representative has been 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. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman.
(e) Any discharged or suspended employee, within seventy-two (72) hours of his/her discharge or suspension, shall be given opportunity by the Employer, in writing, the reasons for his/her discharge or suspension, with a copy to be present at such adjustmentsent 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. Time shall be of the essence and the seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent (f) The Employer agrees that if any grievance proceeds to Arbitration and the Arbitration Board finds in favour of the parties. It Union or any employee, the Employer shall pay for all time lost by any employee as a result of such employee being called on to appear as a witness.
(g) If any statement is understood that to be put into an employee's personnel file, a copy of same will be given to the time limits set forth herein or agreed upon employee with a copy to the Union within thirty (30) days of the event giving rise to the statement, otherwise it shall be considered as substantivenull and void. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of In any case one (1) year from the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process occurrence such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days statement shall be counted as five (5) school days per calendar weekdeleted from the employee's file.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association An employee with a complaint considered to be a violation or any teacher, believing there has been a violation, misinterpretation or misapplication inequitable application of any provision of this Agreement the provisions of the Agreement, may file a grievance register the claim in the following manner: Discuss the complaint with the parties designated immediate supervisor with the object of resolving the matter informally.
Level I The grievance must be presented to the immediate supervisor within ten (10) workdays after the date of the occurrence. A written response will be provided within five (5) workdays. A claim arising from a decision not the responsibility of the immediate supervisor may be filed by the Association at Level II. If the employee is not satisfied at Level I, a written grievance shall be field with the appropriate Personnel Director within five (5) workdays of the Level I Hearing. An official in the procedures outlined belowPersonnel Office shall review the claim and provide a hearing within five (5) workdays of receipt of claim. The Association can representative and grievant shall be present for all steps at this hearing. A written decision shall be issued to the Association and the grievant within five (5) workdays after the hearing. If the Association is not satisfied at Level II, a written grievance shall be filed with the Board representative within five (5) workdays of the Grievance Procedurewritten decision at Level II. Nothing contained herein The Board representative shall review the claim and provide a hearing within five (5) workdays of receipt of the claim. Association representative(s) not to exceed five (5), Board representative(s) and the grievant shall be construed present at this hearing. A written decision shall be issued to prevent any individual teacher from presenting a grievance the Association and having the grievance adjusted without intervention grievant within five (5) workdays after the hearing. If the Association is not satisfied at Level III, the Association shall within twenty (20) workdays of the Associationwritten decision at Level III and by written notice to the Board, request arbitration. The cost of the arbitrator’s services, including expenses, if any, shall be borne equally by the adjustment Association and the Board. Necessary witnesses shall be released from assigned duties when arbitration is not inconsistent with scheduled during working hours. Within ten (10) workdays after such notice to arbitrate, the Association and the Board shall endeavor to agree upon a mutually acceptable arbitrator. If the parties are unable to agree, a request for a list of arbitrators will be made to the American Arbitration Association by the party seeking arbitration. The parties shall be bound by the rules and procedures of the American Arbitration Association. The arbitrator so selected will hear the matter as promptly as possible and will issue the decision within thirty (30) days from the date of the close of the hearings. The arbitrator’s decision shall be in writing and will set forth findings of fact, reasoning and conclusions on the issue submitted. The arbitrator’s powers stem from this Agreement. The arbitrator’s function is to interpret and apply the Agreement and to pass upon alleged violations thereof. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement, provided that nor to interfere with the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent exercise of the partiesBoard’s rights and responsibilities, except as these are expressly limited by this Agreement. It is understood that the time limits set forth herein or agreed upon The arbitrator’s decision shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by final and binding upon the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepand Association.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE. 10.01 The Association Company recognizes the right of the Union to appoint or otherwise select Stewards to assist employees in presenting their grievances. It is mutually agreed that an employee will not be eligible to serve as a Xxxxxxx, or as a member of any Union Committee until after he/she has completed his/her probationary period.
10.02 The Company recognizes the right of the Union to appoint or otherwise select a Grievance Committee of three employees.
10.03 The Company recognizes that Union officers and Stewards will occasionally require to absent themselves from their regular duties to attend to Union matters.
10.04 It is clearly understood that Stewards and other Union officers will not absent themselves from their regular duties unreasonably in order to deal with the grievances of employees, and that in accordance with this understanding the Company will compensate such employees for time spent in dealing with employee's grievances at their regular rate of pay. Compensation will not be allowed for time spent outside of the employee's regular working hours, and the Company reserves the right to withhold payment if the Xxxxxxx does not conform to the accepted practice when dealing with grievances, or if an unreasonable or abnormal amount of time is consumed in dealing with such matters. Such compensation shall not be paid by the Company in respect of any time spent by employees on grievances that have advanced to Stage 3 and after the Arbitration procedure has been invoked. Time spent in negotiations by employees who are members of the Union Negotiation Committee shall be unpaid.
(a) Should differences or disputes arise between the Company and the Union or any teacher, believing there has been a violation, misinterpretation of its members employed by the Company as to the interpretation or misapplication the application of any provision the provisions of this Agreement, the Company and the Union agree to attempt settlement of such differences or disputes in the manner hereinafter described.
(b) Any complaint lodged by an employee covered by this Agreement may file shall be brought by such employee to the attention of the employee's immediate Supervisor. The Supervisor concerned shall answer such a complaint within eight (8) working hours. Should the Supervisor fail to answer within the prescribed period/or should the answer be deemed unsatisfactory, the matter should then be deemed a grievance with the parties designated and processed in writing in the procedures outlined belowfollowing manner: First: The grievance shall be reduced to writing and presented to the Supervisor concerned by the employee or his/her Xxxxxxx. The Association can Supervisor shall answer said grievance in writing within eight (8) working hours. Failure to answer within the prescribed period or having received an answer deemed to be present for all steps unsatisfactory, the employee and/or his/her Xxxxxxx may invoke the next step of the Grievance Procedure within a further period of two (2) working days. Second: The grievance shall then be forwarded in writing to the Plant Manager. The Plant Manager shall hand down his/her decision within three (3) working days. Failure to answer within the prescribed period or having received an answer deemed to be unsatisfactory, the aggrieved employee and/or his/her Xxxxxxx may then within three (3) working days invoke the third step of the Grievance Procedure. Nothing contained herein Third: The grievance shall then be construed forwarded in writing by the Union Grievance Committee to prevent any individual teacher from presenting the Vice-President of The Company or his/her delegate. The Vice- President or his/her delegate will convene a grievance and having meeting for the purpose of discussing the grievance adjusted without intervention within five working days from receipt of grievance. At this stage a field representative of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to National Union may be present at such adjustment.
A. All time herein any meeting held between the Company and Grievance Committee, if requested by either party. The Vice-President or his/her delegate shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by himrender his/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result her decision in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as writing within five (5) school working days per calendar weekof this meeting. Failing a satisfactory settlement at this stage, either party may invoke the arbitration procedure as hereinafter set out within a period of fifteen (15) working days of the Vice-President's or his/her delegate's decision.
D. Grievances arising under this article 10.06 The grievor may be present at any stage of the grievance or arbitration procedure at the request of either party. All time spent by the grievor at Stage 3 grievance meetings and at arbitration shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesunpaid.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association Any grievance or dispute arising out of the application or meaning of the terms of this Agreement during the term of this Agreement and not specifically excluded from the grievance and arbitration procedure by this or any teacher, believing there has been a violation, misinterpretation or misapplication of any other provision of this Agreement may file a grievance with the parties designated shall be taken up in the procedures outlined manner set forth below. The Association can Grievances must be present for all steps of presented in writing at every step. Such writing shall specify in detail the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended acts upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean which the grievance is automatically advanced based, and the particular provisions of this Agreement allegedly violated by said acts. Failure to properly present a grievance in writing at this stage of the grievance procedure shall constitute a waiver of such grievance and bar all further action thereon. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto and the Union may proceed to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary . Workers have a right to Union representation for any grievance in dispute arising out the application of the Board shall note date Agreement. It is mutually understood and time agreed that nothing herein will prevent a worker from discussing any problem with his/her supervisor or other representative of day when Management at any time, with or without his/her Union representative, prior to initiating a formal grievance. Failure to present a grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence within fourteen (14) calendar days of the date the Union or employee became aware of its receiptthe issue shall nullify the grievance.
C. In STEP I: The complaint must be presented to the appropriate supervisor (e.g. director of nursing or kitchen manager) within fourteen (14) calendar days from the date of the event a grievance is filed after May 15 of any year, and strict adherence giving rise to the time limits may result concern, or the date the event became known or should have been known. A meeting shall be scheduled within fourteen (14) calendar days from the date of the filing date, unless waived or mutually extended by the parties. The Supervisor will respond within fourteen (14) calendar days of the Step I meeting to affected worker(s), advocate or the Union Field Representative, unless the Employer, making a reasonable effort to research the issue, notifies the complainant in hardship writing of reasonable cause existing for further delay. The Step I response will settle the matter, unless appealed to any partyStep II.
STEP II: If the matter is not resolved at Step I, the Board it shall use its best efforts to process such grievance prior be presented to the end Executive Director of Business Administration within fourteen (14) calendar days of the school term Step I response or as soon thereafter as possible. During summer recess, school days from the time the Executive Director should have responded in Step I. The Union Field Representative or the advocate and the Facility Administrator shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For arrange a mutually agreeable date to meet in person or by conference call for the purpose of this article, non-teacher hours shall mean attempting to settle the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.matter within fourteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association 7.1 A grievance is defined as a dispute or any teacher, believing there has been a violation, misinterpretation controversy arising out of the application or misapplication interpretation of any provision of this Agreement may file Agreement, but shall not include any matter reviewable pursuant to any other law or procedure, including the Civil Service Law and Section 75 thereof which shall apply to the discipline and discharge of employees.
7.2 The procedure contained in this Article shall be the exclusive method of resolving a grievance. The filing of a timely grievance at the initial stage shall be a condition precedent to arbitration, and the failure of the employee or Union to appeal to the next stage within the time limits shall result in a dismissal of the grievance. The failure to answer a grievance in a timely fashion shall permit the grievant to appeal to the next stage as if the written decision had been delivered on the last day of the time limit. A grievance may be filed by an employee who is on a leave of absence or who has retired, but only if such grievance relates to an act or omission which is a recognized grievance under 7.1 and which occurred when the grievant was employed by the District.
7.3 Step 1. A written grievance, setting forth the provision of this Agreement involved, the time, date and circumstances of the alleged violation and the remedy requested, shall be submitted to the Assistant Chief within fifteen calendar days after the act or omission giving rise to the grievance. The claim shall be promptly reviewed by the Assistant Chief with the parties designated in employee and his Union representative, and a resolution of the procedures outlined belowgrievance, or a written decision denying the grievance, will be issued by the Assistant Chief within fifteen calendar days after the grievance was submitted.
7.4 Step 2. If the grievance is not resolved, a written appeal may be submitted to the Board of Fire Commissioners within fifteen calendar days of the Assistant Chief's decision. The Association can be present Board and Fire Chief shall consider the grievance in executive session at the next Board meeting, or the Board may set a time and date for all steps a grievance hearing within fifteen calendar days after such meeting. The Chief and Board shall render a decision in writing concerning the grievance within fifteen calendar days of the Grievance Proceduremeeting, or after the hearing if one is held.
7.5 Step 3. Nothing contained herein shall be construed to prevent any individual teacher from presenting The Union may appeal a grievance and having the grievance adjusted without intervention decision of the Association, if Chief and Board to final and binding arbitration by submitting a written appeal to the adjustment is not inconsistent Chief and Board within fifteen calendar days following their decision. The matter will then be submitted by the Union to the Public Employment Relations Board for the selection of an arbitrator in accordance with the terms PERB procedures. The arbitrator may decide only one grievance (except for cases with common facts), he shall have no power to add to, subtract from or modify any provision of this Agreement, provided that and he may not award retroactive relief except in the bargaining representative has been given opportunity to be present at such adjustment.
A. grievance before him. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent fees and expenses of the parties. It is understood that the time limits set forth herein or agreed upon arbitrator shall be considered as substantive. Failure shared equally by the grievant to conform to the time limits herein provided District and Union, but all other expenses shall mean the grievance has been dropped. Failure be borne by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepparty incurring them.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising betweenthe parties to the inter re application, administration or violation including any question as to whether a matter is At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this right in advance. It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is un- derstood that a nurse has no grievance until she has first given her immediatesupervisor the opportunity of adjusting her com- plaint. Such complaint shall be discussed with her immediate supervisor within nine (9)calendar days after the circumstances giving rise to it have occurred or reasonably to have come to the attention of the nurse and ailing Settlement within nine (9)calendar days, it shall then be taken up as a grievance within nine (9)calendar advice of her immedi- ate supervisor’s decision in following manner and sequence: The nurse may submit a written grievance, signed by the nurse, to her immediatesupervisor. The grievance shall be on a form referredto in Article and shall the nature of the grievance and the remedy sought and d identify the visions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision in writing within nine (9)calendar days following the day on which the grievance was presented to her. Failing settlement, then: Within nine 9)calendar s following the decision under Step No. t e nurse may the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9)calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitableto both parties. Failing settlement, then: Within nine (9)calendar days following the decision in Step No. the grievance may be submitted in writing to the HospitalAdministrator or her designate. A meeting will then be held between Hospital Administrator or her designate and the Grievance Committee within nine (9)calendar days of the submission of the at Step No. unless ex- tended by agreement the parties. It is understood and agreed that a representative of the Ontario Nurses’ Association and the may be present at the meeting. It is further understoodthat the HospitalAdministrator or any teacherher designate may have such counsel and assistance as she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9)calendar-days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, believing there application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospitalshall befiled with the Local President or her designate. Where a number of nurses have identical grievancesand each nursewould be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursingor her designate within four- teen (14) calendar days after the circumstancesgiving rise to the have occurredor reasonablyto have come to attention of the T e grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is releasedfor exercising a right under this Agreement. A claim by a nurse who has her probationary that she has been or suspended treated as a violationgrievance a written statement of such grievance is lodged by the nurse with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance ma be settled under the Grievance or Arbitration Procedure
(a) confirming the Hospital's action in dismissing the nurse; or reinstating the nurse with or without loss of seniority and with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven (7)calendar days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, misinterpretation dis- charge or misapplication otherwise disciplinea nurse who hascompleted her probationary period, without just cause. settlement under the procedure of any provision the parties arising the interpretation, A application, administration or alleged violation of this Agreement including any question as to whether a matter is such grievance may file be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the deci- sion under No is the grievance shall be deemed to have been Where such a written request is marked within sixteen (16) calendar s after the decision under Step No. it will be deemed to been received within the time limits. All agreements reached under the grievance with be- tween the parties designated representativesof the Hospital and representa- tives of the Association will be final and binding upon the Hospital and the Association and the nurses. Association grievances shall be on the form set out in Appendix A y When either party requests that any matter be submitted to arbitration as provided in the procedures outlined belowfore rticle, it shall make such request in writing other party to this Agreement, and at the same time name a nominee. Within seven (7)calendar days thereafter the other pa shall name a nominee, provided however, that if such part ails to name a nominee as herein re the Minister of Labour for the Province of Ontario have to effect such upon application thereto the part invoking bitration procedure. The Association can two nominees attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No matter may be present for to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. Nothing contained herein The Arbitration Board shall not be construed authorized to prevent make any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not decision inconsistent with the terms provisions of this Agreement, provided that nor to alter, modify, add to or amend any part of this Agreement. The s of the bargaining representative has been given opportunity Arbitration Board will be expedited by and the decision of the majority and where is no majority the decision of the chairman will be final and upon the parties hereto and the nurse or nurses Each of the parties hereto will bear the expense of the nomi- nee appointed by it and the will share equally the fees and expenses, if any, of the of the Arbitration Board. The time limits set out in the Grievance and Arbitration Proce- dures herein are mandatory andfailure to be present at comply strictly with such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent except by the written agreement of the parties. It is understood that , shall result in the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant grievance being deemed to conform have been aban- doned only to the provisions of Section (6) of The Labour Relations Act. Wherever the Arbitration Board is referred to in the Agree- ment, the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board time limits herein provided shall mean of refer- ence to arbitration and the grievance has been dropped. Failure by the Board or its representatives to conform other provisions referring to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Arbitration Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receiptappropriately apply.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. For purposes of this Agreement, a grievance is defined as a differencearising betweenthe parties to the inter re application, administration or allege violation including any question as to whether a matter is At the time formal discipline is imposedor at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this right in advance. It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is that a nurse has no grievance until she has first her immediatesupervisor the opportunity of adjusting her com- plaint. Such complaint shall be discussed with her immediate supervisor within nine (9)calendar days after the circumstances giving rise to it have occurred or reasonably to have cometo the attention of the nurse and ailing settlement within nine (9)calendar days, it shallthen be taken up as a grievance within nine (9)calendar s following advice of her immedi- ate supervisor's decision in following manner and sequence: The nurse may submit a written grievance, signed by the nurse, to her immediatesupervisor. The grievance shall be on a form referred to in Article and shall the nature of the grievance and the remedy d identify the pro- visions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision in writing within nine (9)calendar days following the day on which the grievance was presented to her. Failing Settlement, then: Within nine 9)calendar s following the decision Step No. t e nurse may the written grievance Director of Nursing or her designate who will deliver her- decision in writing within nine (9)calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within nine (9)calendar days following the decision in Step No. the grievance may be submitted in writing to the HospitalAdministrator or her designate. A meetingwill then be held between the HospitalAdministrator or her designate and the Grievance Committee nine (9)calendar days of the submission of the at Step No. unless ex- tended by agreement the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the may be present at the meeting. It is further understood that the HospitalAdministrator or any teacherher designate may have such counsel and assistance as she may desire at such meeting. The decision of the Hospital shall delivered in writing within nine (9)calendar-days the date of such meeting. A complaint or grievance arising directly betweenthe Hospital and the Association concerning the interpretation, believing there application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospitalshall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursingor her designatewithin four- teen (14) calendar days after the circumstancesgiving rise to the have occurred or reasonablyto have come to attention of the grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is releasedfor exercising a right under this Agreement. A claim by a nurse who has her probationary that she has been or suspended treated as a violationgrievance written statement of such grievance is lodged by the nurse with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance ma be settled under the Grievance or Arbitration Procedure
(a) confirming the Hospital's action in dismissing the nurse; or reinstating the nurse with or without loss of seniority and with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven (7)calendar days to the affectednurse in the case of discharge or suspension and further agrees that it will not suspend, misinterpretation dis- charge or misapplication of otherwise disciplinea nurse who has completed her probationary period, without just cause. settlement under the procedureof any provision the parties arising the interpretation, A application, administration or alleged violation of this Agreement including any question as to whether a matter is such grievance may file be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (1 8) calendar days after the deci- sion under No. is given, the grievance shall be deemed to have been Where such a written request is marked within sixteen (1 6) calendar s after the decision under Step No. it will be deemed to been received within the time limits. All agreements reached under the grievance with be- tween the parties designated representativesof the Hospitaland representa- tives of the Association will be final and binding upon the Hospital and the Association and the nurses. Association grievances shall be on the form set out in Appendix When either party requests that any matter be submitted to arbitration as provided in the procedures outlined belowfore Article, it shall make such request in writing other party to this Agreement, and at the same time name a nominee. Within seven (7)calendar days thereafter the other part shall name a nominee, provided however, that if such party ails to name a nominee as herein re the Minister of Labour for the Province of Ontario have to effect such upon application thereto y the part invoking bitration procedure. The Association can two nominees attempt to select by agreement a chairman of the Arbitration Board. IF they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be present for appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submittedto arbitrationwhich has not been properly carried through all requisite steps of the Grievance Procedure. Nothing contained herein The Arbitration Board shall not be construed authorized to prevent make any individual teacher from presenting a grievance and having decision inconsistentwith the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms provisions of this Agreement, provided that nor to alter, modify, add to or amend any part of this Agreement. The s of the bargaining representative has been given opportunity Arbitration Board will be expedited by and the decision of the majority and where is no majority the decision of the chairman will be final and upon the parties hereto and the nurse or nurses Each of the parties hereto will bear the expense of the nomi- nee appointed by it and the will share equallythe fees and expenses, if any, of the of the Arbitration Board. The time limitsset out in the Grievance and Arbitration Proce- dures herein are mandatory andfailure to be present at comply strictly with such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent except by the written agreement of the parties, shall result in the grievance beingdeemedto have been only to the provisions of Section (6)of The Labour Relations Act. It Wherever the Arbitration Board is understood that referred to in the Agree- ment, the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board at the time limits set forth herein or agreed upon shall be considered as substantive. Failure by of refer- to arbitration and the grievant to conform other provisions referring to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Arbitration Board shall note date and time of day when grievance complaint is received by him/herappropriately apply. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event that the Hospital assigns a grievance number of patients or a workload to an individual nurse or group of nurses such that she or they have cause to believe that she or they are being asked to perform more work than is filed after May 15 of any yearconsistent with proper pa- tient care, and strict adherence she or they shall:
(a) Complain in writing to the time limits may result Association-Hospital Committee within fifteen (15) calendar days of the alleged improper assignment. The Chairman of the Association-Hospital Committee shall convene a of the Committeewith- in hardship ten calendar days of filing of the com- plaint. The Committee shall hear and attempt to any partyre- solve the complaint to the satisfaction of both parties. resolutionof the complaint within fifteen (15) days of the meeting of the Association- Hospital Committee the complaint shall be forwarded to an IndependentAssessment Commit- tee cam of three (3) registered nurses; one chosen the Ontario Nurses' Association, one chosen by the Hospital and one chosen from a pan- el of independent registered nurses who are well respected within the profession. The member of the Committee chosen from the panel of independent registered nurses shall act as Chairperson. The Assessment Committee shall set a date to con- duct a hearing into the complaint within fourteen (14) calendar days of its appointment and shall be em- powered to investigate as is necessary and make what findings as are in the circum- stances. The Assessment shall report its in to the parties within thirty (30) days completion of its hearing. The list of Assessment Committee Chairpersons is attached as Appendix The parties agree that should a Chairperson be re- the Ontario Hospital Association and the Nurses' Association will be contacted. They will provide the name of the person to be utilized on the alphabetical listing of Chairpersons. The name to be provided will be the top name on the list of Chairpersons who has not been previouslyassigned. Should the Chairperson who is scheduled to serve decline when requested, or it becomes that she would not be suitable due to connections with the or community, the Board shall use next person on the list will approached to act as Chairperson. Each arty will bear of its best efforts to process such grievance prior to own nominee and will equally the end fee of the school term or Chairperson and whatever other expenses are incurredby the Assess- ment Committee in the performanceof its responsi- bilities as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekset out herein.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. Any dispute between the parties over the interpretation or application of any of the provisions of this Agreement shall be defined as a grievance. Any employee desiring to submit the grievance must submit a written statement of such grievance to the Employer within fifteen (15) calendar days after the act which prompted such grievance or the date of discovery thereof which shall be limited to calendar days from the date of the act which prompted such grievance. Any submitted after such date shall be null and void. The Association grievance shall thereafter be processed in accord with the following steps, time limits and conditions herein set forth; the Employer and the Union agree to meet no less than once a month to discuss outstanding grievances providing there are new grievances. A meeting shall be held between the aggrieved employee and his supervisor or any teacherhis designate and a Union xxxxxxx to discuss the grievance. The employee's supervisor or designate shall give his written decision within ten (10) calendar days to the Union xxxxxxx. In the event the grievance is not settled in the manner set forth in Step the Union Xxxxxxx shall forward the grievance to the Manager or designate within seven (7) calendar days following the answer at Step At step of the grievance procedure, believing where there is a chief xxxxxxx, shall be present, not the Division Union xxxxxxx. The Branch manager or their designate shall give written answer to the grievance within seven (7) calendar days after the close of discussion. If the grievance is not settled in the manner set forth in Step the Union may request it be submitted to arbitration in accordance with the procedures and conditions set forth in Article of the Agreement. Such request for arbitration must be made within fifteen (15) calendar days after receipt of the Branch Manager's answer. In the event the Employer's representative fails to give a written answer within the time limits as herein above set forth, the Union may appeal the grievance to the next step at the expiration of such time limit. In the event the Employer claims that the Union has been a violation, misinterpretation failed to abide by or misapplication of fulfill any provision of this Agreement Agreement, it may file a grievance with present such claim to the Union in writing. If the parties designated are unable to settle such dispute, the Employer may appeal to arbitration in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment accord with Article It is not inconsistent with the terms of this Agreement, provided intended that the bargaining representative has been given opportunity to time limits as set forth in this Article be present at such adjustment.
A. All strictly adhered to. Such time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent written Agreement of the parties. It is understood that If the or the Union does not process a grievance within the time limits set forth herein provided under Article or agreed upon the grievance shall be considered as substantive. Failure by the grievant deemed to conform to the time limits herein provided shall mean the grievance has have been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance withdrawn and is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary not arbitrable under Article of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receiptAgreement.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association Any dispute, grievance or a (hereinafter called “grievance”) involv- ing occupational classification, wages, seniority, hours of work or other working conditions which any teacheremployee or group of employees may desire to discuss and adjust with the Company, believing there has been a violation, misinterpretation or misapplication of any provision shall be handled in accordance with the provisions of this Agreement Article. While an employee may file discuss a grievance with his/her resource (xxxxxxx) at any time, a request for retroactive adjustment need not be entertained by the parties designated Company unless the grievance is presented in the procedures outlined below. The Association can be present for all steps writing within thirty days of the Grievance Proceduredate of the incident which gave rise to the griev- ance. Nothing contained herein Any grievance shall be construed deemed to prevent any individual teacher from presenting have been withdrawn if, after a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative written answer has been given opportunity at any Step, more than thirty days have elapsed before the grievance is carried to the next Step. The employee shall first take up his/her grievance directly with the resource (fore- man) of the department. If the matter is not resolved by the resource (xxxxxxx), it shall be handled as follows:
Step 1 The employee may report the matter to the xxxxxxx elected to represent the employ- ee’s group, who, together with the employ- ee may take up the matter with the resource (xxxxxxx) and shall at the same time present to the resource (xxxxxxx) a written grievance, listing the issue and the adjustment desired. If the written decision of the resource (xxxxxxx) does not settle the matter to the satisfaction of the employee or four regularly scheduled working days have elapsed since the griev- ance was submitted under the provisions of this step, the employee and the xxxxxxx may:
Step 2 Take up the matter with the appropriate member of supervision above the resource (xxxxxxx) as designated by the Company from time to time. If the written decision of the appropriate member of supervision does not settle the matter to the satisfac- tion of the employee or twenty-one days have elapsed since the grievance was sub- mitted under the provisions of this step, the xxxxxxx may: Submit the grievance in writing to the Site Manager or delegate. The Union Bargaining and Grievance Committee may then discuss it with the Site Manager or delegate at a time to be present at such adjustment.
A. All time herein shall consist of school daysagreed upon. Time limits may be extended upon good cause shown, If the Site Manager or mutual consent delegate does not settle the matter to the satisfaction of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean Union Bargaining and Grievance Committee with- in eight weeks after the grievance has been droppedsubmitted under this step, the provisions of Article XIII may be invoked. Failure All decisions arrived at by agreement with the Board Site Manager, or its representatives delegate, and the Union Bargaining and Grievance Committee with respect to conform any grievance shall be made in writing and shall be final and binding upon the Company and the Union. Nothing in this agreement shall be deemed to take away the right of an individual employee to present any personal griev- ance to the time limits shall mean the grievance is automatically advanced to the next stepCompany.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Any difference between any employee covered by this agreement and the Board, or in a proper case between the Local of The Alberta Teachers' Association and the Board concerning the interpretation, application, operation or alleged violation of this agreement and further, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows without stoppage of work or refusal to perform work. Such difference (hereinafter called ''a grievance") shall first be submitted in writing to the secretary-treasurer of the Board and the chairman of the economic policy committee of the Aspen View Local Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated and the remedy sought and shall be submitted within school days from the day the grievant first had knowledge of the incident giving rise to the grievance. In the event the grievance is not settled within days after the date of submission of the grievance in accordance with the above procedure, then on or before a five days have elapsed from the expiration of the aforesaid day time period, the teacher shall refer in writing to the secretary-treasurer of the Board, who shall notify the grievance committee which shall be composed of two representatives of the Board and two representatives of The Alberta Teachers' Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within days following receipt of the submission except whereby unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding. If the grievance committee does not reach a unanimous or any teacherdecision within the said time, believing there has been then either party may, by notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice may be given within days after the date of the aforesaid day limit expires or the date the grievance committee renders other than a violationunanimous decision, misinterpretation whichever is shorter. Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint, any party may request the Director of Mediation Services to make the necessary appointment. The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard. The arbitration board shall not change, amend or misapplication alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement may file agreement or that involves the determination of a grievance with subject matter not covered by, or arising during the term of this agreement. The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties designated in and upon any employee affected by it. If there is not a majority, the procedures outlined belowdecision of the chairman governs and it shall be deemed to be the award of the board. The Association can be present for all steps arbitration board shall give its decision not later than days after the appointment of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreementchairman, provided however that the bargaining representative has been given opportunity to be present at such adjustment.
A. All this time herein shall consist of school days. Time limits period may be extended upon good cause shown, or mutual by written consent of the parties. It is understood that Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman. All the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays. In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary actions within the time limits set forth herein or agreed upon specified, the grievance shall be considered as substantivedeemed to be at an end. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary Any of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the aforesaid time limits may result in hardship to be extended at any party, stage upon the Board shall use its best efforts to process such grievance prior to the end written consent of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Every effort will be made to resolve differences before grievances are filed. Failing that, the parties agree that grievances and grievance meetings should be treated as opportunities for mutual problem solving. Should any difference arise between the Company and any of the employees from the interpretation, application, administration or alleged violation of the provisions of this Agreement, an xxxxxxx effort will be made to settle such grievance without undue delay. All grievances, in order to settle them as quickly as possible, will have to be submitted to the Company representative within fourteen (14) calendar of the occurrence of the incident which gave rise to the grievance and shall be dealt with as hereinafter provided. Every reasonable effort will be made to schedule Step and grievance meetings during the griever's working hours. Failing that, every reasonable effort will be made to hold the meeting immediately before or after the griever's working hours. Also, every effort will be made to include all involved parties (original xxxxxxx, supervisors, etc.) in all steps of the grievance procedure. Step Any employee with a personal grievance must take the matter up with his front line supervisor accompanied by a Union xxxxxxx of his choice from his own department. Consistent with the parties' intent to empower stewards and supervisors, Step resolutions will be made without prejudice or precedent. Step Failing satisfactory settlement within seven (7) calendar days after presentation at Step the chief xxxxxxx and/or xxxxxxx shall meet with the department superintendent and present the case to him with the griever, if desired. Such meeting with the department superintendent shall take place within seven (7) calendar days of completion of Step Step Failing satisfactory Settlement within seven (7) calendar days after Step the Grievance Committee shall present the matter to the appropriate manager or his designated representative within seven (7) calendar days thereafter. This designated representative is not to be the same individual who replied at Step The Association Union representative or any teacher, believing there Business Agent may be present at this step. The griever and/or a department representative may also be in attendance. Such meeting with the manager or his designated representative shall take place within seven (7) calendar days of notification or at a time mutually agreed upon. Step If settlement is not made within seven (7) calendar days under Step the Grievance Committee may refer the grievance to an Arbitration Board within thirty (30) calendar days after the answer in writing in Step has been given, but not later. The Grievance Committee shall notify the Company as soon as possible within the aforesaid thirty (30) calendar days of its intention to refer the matter to an Arbitration Board. Grievances other than a violationpersonal grievance that concern the interpretation, misinterpretation application, administration or misapplication alleged violation of any provision the provisions of this Agreement may file a grievance be initiated by the Union and shall be resolved in accordance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms provisions of this Agreement, provided that the bargaining representative has been given opportunity to be present article beginning at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.Step
Appears in 1 contract
Samples: Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with For the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms purposes of this Agreement, provided that a grievance is defined as a difference arising between the bargaining representative has been given opportunity parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be present represented by her nurse representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this right in advance. It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within nine calendar days, it shall then be taken up as a grievance within calendar days following advice of her immediate supervisor's decision in the following manner and sequence: The nurse may submit a written grievance, signed by the nurse, to her immediate supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision in writing within nine calendar days following the day on which the grievance was presented to her. Failing settlement, then: Within nine calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at such adjustment.
A. All a time herein shall consist of school daysand place suitable to both parties. Time limits Failing settlement, then: Within nine calendar days following the decision in Step No, the grievance may be submitted in writing to the Hospital Administrator or her designate, A meeting will then be held between the Hospital Administrator or her designate and the Grievance committee within nine calendar days of the submission of the grievance at Step No. 3 unless extended upon good cause shown, or mutual consent by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the may be present at the meeting. It is further understood that the Hospital Administrator or her designate may have such counsel and assistance as she may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine calendar days following the date of such meeting. copy of the third step grievance reply will be provided to the Employment Relations Officer. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the nurse with the Hospital at Step No. 3 within seven calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital's action in dismissing the nurse; or reinstating the nurse with or without loss of seniority and with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven calendar days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse who has completed her probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen calendar days after the decision under Step No. it will be deemed to have been received within the time limits. All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Association will be final and binding upon the Hospital and the Association and the nurses, Association grievances shall be on the form set out in Appendix When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the nurse or nurses concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set forth out in the Grievance and Arbitration Procedures herein or agreed upon shall be considered as substantive. Failure are mandatory and failure to comply strictly with such time limits except by the grievant written agreement of the parties, shall result in the grievance being deemed to conform have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever the Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board at the time limits herein provided shall mean of reference to arbitration and the grievance has been dropped. Failure by the Board or its representatives to conform other provisions referring to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Arbitration Board shall note date and time of day when grievance complaint is received by him/herappropriately apply. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event that the Hospital assigns a grievance number of patients or a workload to an individual nurse or group of nurses that she or they have cause to believe that she or they are being asked to perform more than is filed after May 15 of any yearconsistent with proper patient care, and strict adherence she or they shall: Complain in writing to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end Association Hospital Committee within fifteen calendar days of the school term or as soon thereafter as possiblealleged improper assignment. During summer recess, school days The Chairman of the Association-Hospital Committee shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during nonconvene a meeting of the Association-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.Hospital Committee within ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. Definition
(a) A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of the Collective Agreement.
(b) The Association or following shall not be subject to the Grievance Procedure:
(i) the fact of the University’s failure to extend a contract beyond its defined end- date; or
(ii) any teacher, believing there has been a violation, misinterpretation or misapplication difference arising out of any provision hiring decision and/or failure to hire for any position; Save and except circumstances in which the Union alleges a breach of Articles 4:01, No Discrimination, and/or 21:03, Appointments. Statement of Grievance
9:02 The statement of grievance submitted by the Union or University, and signed by the grievor(s), must contain the following: date of filing, nature and type of grievance (e.g., group, individual, policy), the article(s) of the Collective Agreement alleged to have been violated, a statement of the particular facts relevant to the grievance, including dates, and the remedy sought. The grievance must be set out in a manner which is clearly identified as a grievance. Copy to Labour Relations
9:03 The Union shall ensure that an electronic copy of every grievance filed under this Agreement may file article and referral at each step is sent to the Director of Labour Relations or designate at the time the grievance is filed. Time Limits – Grievance Procedure
9:04 Time limits as specified in Article 9 (Grievance Procedure) are directive in nature within the context of the mutual desire of the Parties to address grievances as quickly as possible. In the event that a grievance with is filed after the parties designated time limit, the University reserves the right to dismiss the grievance on the basis of untimeliness. Where no answer is given within the time limit specified, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure. Saturdays, Sundays, and University holidays will not be counted in determining the procedures outlined belowtime within which action is to be taken or completed under the Grievance Procedure. The Association can No grievance may be present for submitted to arbitration which has not been properly carried through all the requisite steps of the Grievance Procedure. Nothing contained herein Complaint Stage (Optional)
9:05 If an employee has an employment-related complaint, the employee may, as soon as possible after the occurrence of the matter which is the subject of the complaint, request a meeting with the employee’s immediate supervisor in order to give the immediate supervisor an opportunity to adjust the complaint. If a resolution to the complaint is arrived at as a result of the meeting, the employee shall be construed allowed to prevent any individual teacher from presenting request a grievance and having the grievance adjusted without intervention statement of the Associationresolution, if in writing, from the adjustment is supervisor. In the event that an employee requests such a statement in writing, the supervisor shall comply without undue delay. The Parties agree that a written statement provided in response to such a request shall not inconsistent with the terms of this Agreementbe relied upon or referred to by either Party as having any precedential or interpretative value, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon and shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has have been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepmade on a “without prejudice” basis.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association parties agree that discussions should occur between employees, Union representatives and Employer representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, Union representatives and Employer representatives. Where discussions on problems or differences occur, the time limits in Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application, operation or any teacheralleged violation of the Agreement arises between the Employer and the Union, believing there has been a violationor between an employee and the Employer, misinterpretation or misapplication it shall be processed according to the following grievance procedure. Nothing in this provision deprives of any provision rights or remedies to which they are entitled in any legislation, including the transfer legislation. Grievances involving the interpretation, application, operation or any alleged violation of this the Agreement may file a grievance with must have the parties designated approval and support of the bargaining agent. The limits set out in the procedures outlined belowgrievance procedure are mandatory and not directory. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein In calculating time limits, Saturdays, Sundays and holidays shall be construed to prevent any individual teacher from presenting a grievance excluded. In the case of employees working in operations where the days of rest are other than Saturdays and having the grievance adjusted without intervention Sundays, then their days of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to rest shall be present at such adjustment.
A. All time herein shall consist of school daysexcluded. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that If the time limits set forth herein up in Step or agreed upon shall of the grievance procedure are not complied with, then the grievance will be considered as substantive. Failure by being abandoned, unless the grievant parties have mutually agreed, in writing, to conform to extend the time limits herein provided shall mean limits. If the Employer fails to meet a time limit, the Union, at its option, may either advance the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principalstep or await the Employer's response, Principal, Assistant Superintendent, Superintendent, or Secretary in which case no time limit shall run against the Union until it has received the employer's response. shall have the right to be represented at any step of the Board shall note date grievance procedure. The and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification the Union shall be conclusive evidence given leave with pay to attend such meetings. When an employee has asked or is obliged to be represented by the Alliance in relation to the presentation of a grievance and a representative of the date of its receipt.
C. In Alliance wishes to discuss the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any partywith that employee, the Board shall use its best efforts to process such grievance prior to employee and the end of representative will be given reasonable leave with pay for this purpose. At either Step or Step the school term or as soon thereafter as possibleEmployer representative may be assisted by a Human Resources representative. During summer recess, school days The Union shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article given full opportunity to present evidence and representations throughout the grievance procedure. The shall be processed during non-teacher hours. For the purpose advised of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during right to have a teacher's lunch period - as mutually agreed upon between the parties.Union representative present at any disciplinary meeting or at any meeting held with bargaining unit to investigate alleged misconduct of the
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association 7.1 A “grievance” is a claim based upon an event or any teachercondition which affects the terms and/or conditions of employment of an employee or Group of employees based upon the interpretation, believing there has been a violationapplication, misinterpretation or misapplication violation of any provision of the provisions of this Agreement may file a grievance with Agreement. An “aggrieved employee” is the parties designated person or persons making the claim. All time limits specified in Article VII shall mean calendar days.
7.2 If the procedures outlined below. The Association can be present for all steps circumstances of the grievance indicate to the supervisor that the grievance is a claim that may be construed as Sexual Harassment, the supervisor will proceed under the District’s Sexual Harassment Policy (GBAA) and will notify the Director of Human Resources. If after an investigation the incident is deemed Sexual Harassment, the complaint will proceed under the Sexual Harassment Policy and not be eligible to move forward under this Grievance Procedure. Nothing contained herein Appeals of all findings made under the Sexual Harassment Policy shall follow the Sexual Harassment Policy, not the grievance procedure. If after an investigation the complaint is deemed not to be Sexual Harassment the complaint may proceed under this Grievance Procedure.
7.3 The parties acknowledge that it is more desirable for an employee and his/her immediate supervisor to resolve problems through free and informal communication. Grievances which are not satisfactorily settled in an informal way shall be construed reduced to prevent any individual teacher from presenting a writing and referred to the following formal grievance and having procedure. Under the Keene School District grievance procedure, employees may submit grievances in the following manner:
Step 1. The aggrieved employee shall present the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform in writing to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary employee’s immediate supervisor and Director of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence Human Resources within fifteen (15) calendar days of the date of its receiptthe occurrence of the matter being grieved. The employee’s supervisor shall attempt to satisfactorily adjust the matter and reply to the employee and Director of Human Resources in writing within fifteen (15) calendar days of the presentation of the grievance. The Director of Human Resources shall notify the President of KEOPG of the nature of the grievance within fifteen (15) calendar days of his/her receipt of the grievance.
C. Step 2. In the event a that the employee is not satisfied with the supervisor’s decision, he/she may within fifteen (15) calendar days from receipt of the supervisor’s decision in Step 1, present the grievance is filed after May 15 of any year, and strict adherence in writing to the time limits may result in hardship Building Principal. The Principal will arrange to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.meet within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE.
6.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until his/her appropriate immediate supervisor has first been given an opportunity to adjust his/her complaint. If an employee who may be assisted by his/her Union Xxxxxxx has a complaint, s/he shall discuss it with his/her appropriate immediate supervisor within seven (7) days after the employee could reasonably be expected to have become aware of the circumstances giving rise to the complaint. The Association or any teacherappropriate immediate supervisor shall have seven (7) days to seek information and advice and to communicate his/her answer to the complainant. Failing settlement, believing there has been it may then be taken up as a violation, misinterpretation or misapplication grievance within seven (7) days following communication of the appropriate immediate supervisor’s decision in the following manner and sequence:
(a) Step 1
(b) Step 2
6.02 Failing a settlement under Step 2 of any provision difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable, such difference may file be taken to arbitration as hereinafter provided. If no written request for arbitration is received within twenty (20) days after a decision in Step 2 is given, it shall be deemed to have been settled.
6.03 If the University has a grievance it shall be taken up in writing with the parties designated in Union and processed according to the procedures outlined belowterms of the Grievance Procedure commencing with Step 2 within ten (10) days after the circumstances giving rise to the complaint have originated or at which time the University could reasonably be expected to become aware of circumstances giving rise to the complaint. The Association can If the Union has a grievance which cannot reasonably be present for processed as an individual employee grievance, or a decision or action of the University administration or departmental management that affects three (3) or more employees, it shall be processed beginning at Step 2 of the Grievance Procedure within ten (10) days after the circumstances giving rise to the complaint have originated or after which time the Union could reasonably be expected to become aware of circumstances giving rise to the complaint.
6.04 No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the circumstances giving rise to the complaint originated or occurred.
6.05 In all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative where no written answer has been given opportunity within the time limit specified, the employee(s) concerned, the Union or the University, as the case may be, shall be entitled to be present at such adjustmentsubmit the grievance to the next step of the Grievance Procedure.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the 6.06 Where a grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principalsubmitted at Step 1 which does not allege that this Agreement has been violated, Principal, Assistant Superintendent, Superintendent, or Secretary it may be processed only through Step 2 of the Board Grievance Procedure but shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as not be subject to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receiptbeing referred to arbitration.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision 16:01 For the purposes of this Agreement may file collective agreement a grievance is defined 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. It is the mutual desire of the parties that complaints of employees shall be addressed as quickly as possible. The Employer shall be under no obligation to consider or process a grievance unless such grievance shall have been presented to the Employer in writing at Step 1 of the grievance procedure within the time limits as specified herein. If an employee, or one designated member of a group has a complaint or question concerning the interpretation, application, administration, or alleged violation of this agreement, the employee will first take up the grievance within fifteen (15) working days after the circumstances giving rise to the complaint have occurred or ought reasonably to have come to the attention of the employee. Within this time period the employee shall raise and discuss the issue as a complaint with the parties designated supervisor before it is given to the supervisor in the procedures outlined belowwriting. The Association can Union Xxxxxxx may be present for this discussion if invited.
16:02 The time limits and other procedural requirements set out in Article 16 are mandatory and not merely directory, therefore failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the grievor. If no written answer has been given within the time frame specified, the grievance may be submitted to the next step. Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having procedure within the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school daystimes specified. Time limits may be extended upon good cause shownby mutual agreement in writing between the parties hereto; however the mandatory provisions of Article 16 shall not be considered to have been waived by the parties or either of them unless they expressly provide a waiver thereof in writing signed by both parties. Saturdays, Sundays and paid holidays will not be counted in determining the time within which any action is to be taken or mutual consent completed under the Grievance or Arbitration procedures.
16:03 A grievance which has been disposed of pursuant to the grievance provisions of this agreement shall not again be made the subject matter of a grievance.
16:04 A decision or settlement reached at any stage of the parties. It is understood that the time limits set forth herein or agreed upon grievance procedure shall be considered final and binding upon all parties hereto, including the complaining employee, and shall not be subject to reopening by any party. If the grievance is settled at Step 2 of the grievance procedure both the Senior Vice President, Retail and the Union representatives who agreed to the settlement shall sign the settlement as substantive. Failure endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was.
16:05 If the grievance is not adjusted by the grievant to conform supervisor as provided in article 16:01, it shall be reduced in writing on a grievance form and signed by both the Union Xxxxxxx and the employee involved. The supervisor shall give his/her answer in writing to the time limits herein provided shall mean Xxxxxxx without undue delay, but not more than five (5) working days after the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean presented in writing.
16:06 If the grievance is automatically advanced not settled at Step One, the written grievance may be referred to the next step.
B. The Assistant PrincipalSenior Vice President, Principal, Assistant Superintendent, Superintendent, or Secretary of Retail by the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as Local Union President within five (5) school working days per calendar weekafter receiving the answer in writing. A meeting shall be arranged by the Senior Vice President, Retail within five (5) working days of receiving the grievance. Either party may request the presence of the grievor and the union Xxxxxxx at the meeting. The Senior Vice President, Retail shall give his/her answer in writing to the Local Union President without undue delay but not later than five (5) working days after the said meeting.
D. Grievances arising under this article 16:07 If the grievance is not settled at Step Two, a written grievance may be referred to the Senior Vice President, Administration or his/her designate by the Local Union President within five (5) working days of receiving an answer in writing from the Senior Vice President, Retail. Either party may request the presence of the grievor, union Xxxxxxx, Local Union President and the CUPE National Representative, supervisor or Senior Vice President, Retail to attend the meeting to present evidence or give assistance in the settlement of the grievance. A meeting shall be processed during non-teacher hoursarranged by the Senior Vice President, Administration or his/her designate with the Local Union President within five (5) working days of receipt of the grievance in order to resolve the dispute. For The Senior Vice President, Administration or his/her designate shall give his/her reply in writing within five (5) working days if the purpose of grievance is not settled at this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesmeeting.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms For purposes of this Agreement, provided that a grievance is defined as a difference arising between the bargaining representative has been given opportunity parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be present represented by her nurse representative In the case of suspension or discharge, the Hospital shall notify the nurse of this right in advance. It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting hercomplaint. Such complaintshall bediscussed with her immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within nine calendar days, it shall then be taken up as a grievance within nine calendar days following advice of her immediate supervisors decision in the following manner and sequence: STEP NO. 1 The nurse may submit a written grievance, signed by the nurse, to her immediate supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to in writing within nine calendar days following the day on which the grievance was presented to her. Failing settlement, then: STEP NO. 2 decision writing within nine Within nine calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her which to her. The parties may, if they so desire, meet to discuss the grievance at such adjustment.
A. All a time herein shall consist of school daysand place suitable to both parties. Time limits Failing settlement, then: STEP NO. 3 Within nine calendar days following the decision in Step No. the may be submitted in writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator or Committeewithin nine calendardays No. extended upon good cause shown, or mutual consent by agreement of the parties. It is understood and agreed that a representative of the Ontario and the may be present at the meeting. It is further understood that the time limits set forth herein Hospital Administrator or agreed upon herdesignate may counsel she may desire at such meeting. The decision of the Hospital shall be considered as substantivedelivered in writing within nine calendar days following the date of such meeting. Failure A copy of the third step grievance reply will be provided to the Employment Relations Officer. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen calendar days following the rise to the complaint or grievance. A grievance by the grievant Hospital shall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to conform grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the time limits herein provided shall mean Director of Nursing or her designate within fourteen calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not be subject to the grievance nurse is released for exercising a right under Agreement. A claim by a nurse who has completed probationary period that she has been dropped. Failure unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the Board nurse with the Hospital at Step No. 3 within seven calendar days after the date the discharge or its representatives suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
(a) confirming the Hospital’s action in dismissing the nurse; or reinstating the nurse with or without loss of seniority and with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. The Hospital agrees to conform provide written reasons within seven calendar days to the time limits shall mean affected nurse in the case of discharge or suspension and further agrees that it not suspend, discharge or otherwise discipline a nurse who has completed her probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned. Where such a written request is automatically advanced postmarked within sixteen calendar days after the decision under Step No. it will be deemed to have been received within the time limits. All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Association will be final and binding upon the Hospital and the Association and the nurses. Association grievances shall be on the form set out in Appendix When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the next step.
B. other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have uponapplication thereto byagreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may besubmitted toarbitration which has not been properly carried through all requisite steps of the Grievance Procedure. not inconsistent with the of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. Boardwill beexpedited hereto and the decision of the majority and where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the nurse or nurses concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will shareequally expenses, if any, of thechairman of the Arbitration Board. The Assistant Principalset out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such limits except by the written agreement of the parties, Principalshall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, Assistant Superintendent, Superintendent, or Secretary the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board at the of reference to arbitration and the other provisions referring to the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receiptappropriately apply.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Full Time Agreement
GRIEVANCE PROCEDURE. The Association Any grievance or dispute arising out of the application or meaning of the terms of this Agreement during the term of this Agreement and not specifically excluded from the grievance and arbitration procedure by this or any teacher, believing there has been a violation, misinterpretation or misapplication of any other provision of this Agreement may file a grievance with the parties designated shall be taken up in the procedures outlined manner set forth below. The Association can All grievances must be present for all steps of presented in writing at every step. Such writing shall specify in detail the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended acts upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean which the grievance is automatically advanced based and the particular provisions of this Agreement allegedly violated by said acts. Failure to properly present a grievance in writing at this stage of the grievance procedure shall constitute a waiver of such grievance and bar all further action thereon. Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto and the Union may proceed to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary . Employees have a right to Union representation for any grievance in dispute arising out the application of the Board shall note date Agreement. It is mutually understood and time agreed that nothing herein will prevent an Employee from discussing any problem with his/her supervisor or other representative of day when Management at any time, with or without his/her Union representative, prior to initiating a formal grievance. Failure to present a grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence within ten (10) business days of the date the Union or employee became aware of its receiptthe issue shall nullify the grievance. Grievances shall be handled in accordance with Employer's Policies, provided Employees receive at least the minimum standard of grievance procedure as stated in this Article and with the exception that the last step in all grievances shall include a meeting between the advocate or Union Field Representative and an Employer representative.
C. In Step I: The complaint must be presented to the District Manager, or designee within ten {10) business days from the date of the event giving rise to the concern, or the date the event became known or should have been known. The District Manager, designee will respond within ten (10) business days of the Step I meeting to affected Employee(s), advocate or the Union Field Representative, unless the Employer‑‑making a reasonable effort to research the issue‑‑notifies the complainant in writing of reasonable cause existing for further delay. The Step I response will settle the matter, unless appealed to Step II.
Step II: If the matter is not resolved at Step I, it shall be reduced to writing and presented to the Regional Manager, or designee within ten (10) calendar days of the Step I response or from the time the District Manager should have responded in Step I. MEDIATION (Optional): Mediation may be mutually agreed upon by the Union and the Employer to resolve grievances following Step Two. A mediator shall be selected by mutual agreement of the Employer and the Union within ten (10) calendar days of advancement of a grievance is filed after May 15 to mediation, from a list of any year, trained mediators provided by the Federal Mediation and strict adherence to Conciliation Service by mutual agreement. The mediator shall hear the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end presentation of the school term grievance within ten (10) calendar days or as soon thereafter as possible. During summer recess, school days all parties are reasonably able to do so and shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during issue a teacher's lunch period - as recommendation that day or on a timely date mutually agreed upon between the to by both parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 8.01 The Association or parties to this Agreement believe that it is important to adjust complaints and grievances as quickly as possible. Notwithstanding the provisions contained in this Article, any teacheremployee may present a complaint at any time without recourse to the formal written procedure described herein.
8.02 In order to facilitate the adjustment of complaints and grievances, believing there the Employer agrees to recognize three (3) Union Stewards representing each of the following groups of employees:
(a) Inspectors, Health Promoters, By-Law Enforcement Officers and Food and Water Technicians;
(b) Clerical, Dietitian, Software Technician, and Maintenance;
(c) Dental Workers, Lay Home Workers, Peer Outreach Workers. In order to be eligible, a Union Xxxxxxx must have completed the probationary period and acquired seniority. Union Stewards shall not suffer a loss of regular pay during attendance at meetings with the Employer pursuant to the grievance procedure provided the permission of the Union Xxxxxxx'x immediate Supervisor is obtained prior to leaving the regular job and further provided the Union Xxxxxxx immediately reports back to work upon completion of such meetings. Permission to leave a Union Xxxxxxx'x job by the Supervisor shall not be unreasonably withheld.
8.03 In the event of a complaint by an employee covered by this Agreement that the employee has been a violation, misinterpretation or misapplication of any provision dealt with contrary to the provisions of this Collective Agreement or discharged or disciplined without just cause (after the acquisition of seniority) the employee may file a grievance with the parties designated Employer. All Grievances shall be in writing and shall contain a statement of the relief requested and the provision of the Agreement alleged to have been violated. Each grievance shall be filed in accordance with the procedure outlined in this Article within ten (10) working days from the occurrence of the circumstances which gave rise to it. The following shall be the procedure in processing and handling grievances. Employees who feel they have a grievance may, in the procedures outlined belowcompany of their xxxxxxx, discuss the alleged grievance with their Supervisor. The Association can be present for all steps If the employee is not satisfied with the response of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having Supervisor, then the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits procedure may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered invoked as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.follows:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The 10.01 Definition A grievance shall be defined as a dispute or disagreement raised by an employee or the Association against the City involving the interpretation or any teacher, believing there has been a violation, misinterpretation or misapplication application of any provision the specific provisions of this Agreement Agreement. It is specifically understood that any matters governed by Civil Service Commission rules or Civil Service statutory provisions shall not be considered grievances and shall not be subject to the grievance procedure set forth herein. Further, any disciplinary actions that may file be appealed to the Civil Service Commission shall not be considered grievances and shall not be subject to the grievance procedure herein. Verbal warning, verbal admonishment, documented oral reprimand and written reprimands, however, may be grieved under the grievance procedures set forth in Section 10.04. Grievances as herein defined shall be processed in accordance with the procedure set forth in Section 10.04 below. If an employee or the Association claims that a past practice is the basis for a grievance or asserts in a grievance that the City has violated a past practice, then the employee or the Association, as appropriate, will be required to identify the past practice and the factual basis for the claim that the past practice exists and is binding on the City.
10.02 Any employee may process a grievance as outlined in this Article and shall have the right to representation by the Association in conferences with the parties designated in City. The employee and the procedures outlined belowAssociation shall receive copies of the written decisions issued by the City at each step of the procedure. The Association can be present for all steps of shall have the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity right to be present at such adjustmentStep 2 and all steps from thereon in, in the procedure. Association grievances shall begin at Step 3 rather than Step 1.
A. 10.03 Arbitration decisions on grievances on a particular subject will be considered as a precedent and binding on both parties and shall be precedent in the resolution of future grievances involving substantially similar factual situations.
10.04 All time herein limitations in this grievance procedure shall consist of school days. Time limits exclude Saturdays, Sundays and holidays and may be extended upon good cause shown, or by mutual consent agreement of the partiesCity and the Association. It is understood that In the event the City does not respond within the time limits set forth herein or agreed upon shall be considered as substantive. Failure by forth, the grievant to conform to the time limits herein provided shall mean Association may appeal the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, Step 1. An employee with or Secretary without a representative of the Board Association, who has a grievance, shall note date and time orally present his/her grievance to the Shift Commander's authorized representative within ten (10) days of day when grievance complaint is received by him/herthe occurrence of the alleged grievance. The Commander shall respond to the employee within six (6) days of the oral grievance.
Step 2. If a dispute shall arise as the oral grievance presentation fails to date on which said appeal was taken, such notification shall be conclusive evidence of resolve the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any partygrievance, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recessemployee and/or his/her authorized Association representative may, school days shall be counted as within five (5) school days per calendar weekof the receipt of the oral report, submit a written grievance report to his/her Shift Commander or his/her authorized representative. Within five (5) days of receipt of such a grievance report, the Commander shall furnish the employee with a written reply to the grievance.
D. Grievances arising under this article Step 3. The grievance shall be considered resolved unless within five (5) days of the receipt of the response at Step 2, the employee and/or his/her authorized Association representative submits a written appeal to the Police Chief or his/her authorized representative through the Shift Commander. The Chief or his/her authorized representative shall respond in writing to the grievant within five (5) days of the receipt of the grievance.
Step 4. The grievance shall be considered resolved unless within five (5) days of the receipt of the response at Step 3, the employee and/or his/her authorized representative submits a written appeal to the City Manager. The City Manager shall hold a hearing within five (5) days of the receipt of the appeal. The employee, the Association and the Chief shall have the right to be present and to set forth information to assist the City Manager in reaching a decision on the grievance. Said decision shall be issued within five (5) days following the completion of the hearing. If the City's decision in Step 4 is not appealed by the Association to arbitration in writing within twenty (20) days of the Step 4 meeting, that particular grievance shall be considered settled on the basis of such decision, and shall not be eligible for further appeal.
(1). Any grievance that has been processed during non-teacher hours. For the purpose in accordance with provisions of this articleSection of this contract, non-teacher hours shall mean but not satisfactorily settled shall, upon proper appeal, be submitted to arbitration before an impartial arbitrator to be selected by mutual agreement of the parties. If, at any time before school begins for teachers and after school ends for teachers and during a teacher's lunch within twenty (20) days (or longer period - as if mutually agreed upon) after receipt of such written appeal, the parties are unable to agree upon between an arbitrator, the partiesIowa Public Employment Relations Board shall be requested to submit the names of five (5) disinterested persons qualified and willing to act as impartial arbitrators. From such list, the City and the Association shall each alternatively strike one (1) name until four (4) names have been eliminated and the person whose name remains on the list shall be selected to act as the impartial arbitrator. A coin toss shall determine who shall strike the first name. In order to be considered timely, a hearing regarding a grievance that is appealed to arbitration must be scheduled no later than 60 days from the date the grievance was appealed to arbitration. This timeline may be extended by mutual agreement.
(2). The arbitrator shall submit his/her decision, in writing within thirty (30) days after the conclusion of the hearing or hearings, as the case may be, and the decision of the arbitrator so rendered shall be final and binding upon the employee involved and upon the parties to this contract. Where a dispute relates to the scale of wages or benefits in any way, any decision rendered shall not be retroactive more than twenty-four (24) days beyond the date on which the dispute was first presented as a grievance in writing. The fees of the arbitrator and expense of arbitration shall be borne in equal shares by the City and Association. Each party shall be responsible for expenses they incur in the presentation of their case. The arbitrator shall neither add to nor detract from nor modify the language of this Agreement in arriving at a determination of any issue that is presented that is proper for arbitration within the limitations expressed herein. The arbitrator shall have no authority to change wage rates or salaries. The arbitrator shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to determine any other issue not so submitted to him/her or to submit observations or declarations of opinion, which are not directly essential in reaching the determination of issue submitted for decision. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the effective date of this Agreement, and no arbitration determination or award shall be made by an arbitrator which grants any right or relief for any period of time whatsoever prior to the effective date of this Agreement or following the termination of this Agreement. The above shall not apply to arbitration in process at the termination of this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association (a) Any dispute, grievance or misunderstanding (hereinafter called "grievance") involving occupational classification, wages, the benefits plans, seniority, hours of work or other working conditions which any teacheremployee or group of employees may desire to discuss and adjust with the Company, believing there has been a violation, misinterpretation or misapplication of any provision shall be handled in accordance with the provisions of this Agreement Article. While an employee may file discuss a grievance with foreperson at any time, a request for retroactive adjustment need not be entertained by the parties designated Company unless the grievance is presented in the procedures outlined below. The Association can be present for all steps writing within thirty (30) days of the Grievance Proceduredate of the incident which gave rise to the grievance. Nothing contained herein Any grievance shall be construed deemed to prevent any individual teacher from presenting have been withdrawn if, after a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative written decision has been given opportunity at either step or step more than thirty (30) days have elapsed before the grievance is carried to the next step. The employee shall first take up grievance directly with the foreperson of department. If the matter is not resolved by the foreperson, it shall be handled as follows: The employee may report the matter to the xxxxxxx designated to represent group, who, together with the employee may take up the matter with the foreperson and shall at the same time present to the foreperson a written summary of the grievance. If the written decision of the foreperson does not settle the matter to the satisfaction of the employee or three (3) regularly scheduled working days of the employee have elapsed since the grievance was submitted under the provisions of this step, the employee and the xxxxxxx may: Submit the grievance to the appropriate Manager or appointee. If the written decision of the Manager or appointee does not settle the matter to the satisfaction of the employee or fourteen (14) days have elapsed since the grievance was submitted under the provisions of this step, the xxxxxxx may: Committee may then discuss the grievance with the Site Manager or appointee at a time to be present agreed upon. A may attend the discussion of grievance at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or the mutual consent of the parties. It is understood that Company and the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/herUnion. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.written decision of
Appears in 1 contract
Samples: Memorandum of Agreement
GRIEVANCE PROCEDURE. The Association Section 1. Should any difference or dispute arise between the City and any teacher, believing there has been employee or group of employees with respect to the interpretation or application of a violation, misinterpretation or misapplication of any specific and identified provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that it will be considered a grievance and must be resolved in accordance with the bargaining representative has been given opportunity to be present at such adjustmentfollowing procedure.
A. All time herein Step 2. If the Association, any employee or group of employees believes that he has a grievance (as defined above), he/she shall consist first cite in writing the specific contract clause violated, and the specific relief requested. The grievance shall be reduced to writing and shall be signed by the aggrieved employee or employees and bargaining unit representative. The written grievance shall be signed off on by the immediate superintendent or his/her designee acknowledging receipt of school daysthe grievance. Time limits may be extended upon good cause shownAny grievance not reduced to writing and submitted to the superintendent or his/her designee within twenty-one (21) calendar days of the event giving rise to the grievance, or mutual consent within twenty-one (21) calendar days after the Association or the affected employee(s) should have know of the partiesevent giving rise to the grievance, it shall be considered abandoned. It The superintendent shall hold a Step One hearing within fourteen (14) calendar of receipt of the grievance. The superintendent shall issue a written answer within fourteen (14) calendar after the Step One hearing. If no answer is understood that given in the time limits set forth herein or agreed upon above, the grievance shall be considered as substantivedenied and may proceed to step 2. Failure This resolution shall set no precedence for future grievances. If the Association does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the grievant superintendent, then within fourteen (14) calendar days: The grievance shall be presented to conform to the Department Head or his/her designee by the aggrieved employee or employees and Association representative. The written grievance shall be signed off on by the Department Head acknowledging receipt of the grievance. The Department Head or his/her designee shall hold a Step Two hearing within fourteen (14) calendar days of receipt of the grievance. The Department Head or his/her designee shall issue a written answer within fourteen (14) calendar days after the Step Two hearing. If no answer is given in the time limits herein provided shall mean set forth above, the grievance has been droppedshall be considered denied and may proceed to step 3. Failure This resolution shall set no precedence for future grievances. If the Association does not timely appeal a grievance, it shall be considered abandoned. If satisfactory disposition is not made by the Board Department Head, then within fourteen (14) calendar days:
Step 5. The grievance shall be presented to the City Manager or its representatives to conform to his/her designee by the aggrieved employee or employees and Association representative. The written grievance shall be signed off on by the City Manager or designee acknowledging receipt of the grievance. The City Manager shall hold a Step Three hearing within fourteen (14) calendar days of receipt of the grievance. The City Manager or his designee shall issue a written answer within fourteen (14) calendar days after the Step Three hearing and be final and binding except for demotion, termination or suspension of an employee for more than three days. If no answer is given in the time limits set forth above, the grievance shall mean be resolved in the favor of the grievant or Association. This resolution shall set no precedence for future grievances. If the Association does not timely appeal a grievance, it shall be considered abandoned: In cases of termination, demotion or suspension of three days or more should the grievant or Association, after receiving the written answer to his/her grievance in Step 3 of the Grievance Procedure, still feel that the grievance is automatically advanced unresolved to his/her satisfaction, he/she may, upon approval of the Association, request it be heard before an arbitrator. The Association must make application to the next step.
B. The Assistant PrincipalCity for arbitration within fourteen (14) calendar days of the Association's receipt of the written answer in Step 3. Within fourteen (14) calendar days following receipt of the Association's application for arbitration, Principal, Assistant Superintendent, Superintendentthe City Manager, or Secretary of the Board shall note date his designee, and time of day when grievance complaint is received an Association Representative will consult and attempt to select an impartial arbitrator by him/hermutual agreement. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event these representatives cannot reach an agreement on an arbitrator, by joint letter the parties will request the Federal Mediation and Conciliation Service, to submit a grievance is filed after May 15 panel of any yearseven (7) arbitrators who are Ohio residents and National Academy Certified from which the City and the Association shall select one by mutual agreement. If agreement cannot be reached as to one mutually acceptable arbitrator from the panel, and strict adherence to an arbitrator will then be selected by the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end representatives of the school term or as soon thereafter as possibleparties alternately striking names and selecting the final remaining name. During summer recessThe City shall retain the right to strike the first name. The Association agrees that the City, school days at their choosing, may request to use a panel of arbitrators from the American Arbitration Association (AAA). The City agrees that if they request AAA panel, that they shall be counted as five (5) school days per calendar weekpay the cost of said panel.
D. Grievances arising under this article Step 6. The arbitrator shall be processed during non-teacher hoursconduct a fair and impartial hearing on the grievance, hearing and recording testimony from both parties and applying
Step 7. For The arbitrator shall render in writing his findings as quickly as possible within thirty (30) calendar days after the purpose of this articlehearing, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.or within thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The A grievance is a claim by an employee or the Association or any teacher, believing that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement may file Agreement. In the event that an employee believes there is a basis for a grievance, the employee shall first discuss the alleged grievance with his/her building principal or other appropriate supervisor either personally or accompanied by his/her Association representative. If the parties grievance is not thus resolved, formal grievance procedures may be instituted.
Step 1: The grievant may invoke the formal grievance procedure through the Association on the form which will be available from the Association representative in each building. A copy of the grievance form shall be delivered to the principal or appropriate supervisor. If the grievance involves more than one school building, it may be filed with the Superintendent or a representative designated by the Superintendent. A grievance must be filed within ten business days of the occurrence of which the grievant complains or within ten business days from the time the grievant first becomes aware of the grievance.
Step 2: Within ten business days of receipt of the written grievance, the principal or designated supervisor shall meet with the Association in an effort to resolve the procedures outlined belowgrievance. The Association can be present for all steps principal or designated supervisor shall indicate his/her disposition of the Grievance Procedure. Nothing contained herein grievance in writing within five business days of such meeting and shall furnish a copy thereof to the Association.
Step 3: If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five business days of such meeting or within fifteen business days from date of filing, whichever shall be construed later, the grievance shall be transmitted to prevent any individual teacher from presenting a the Superintendent. Within ten business days the Superintendent or his/her designee shall meet with the Association on the grievance and having shall indicate his/her disposition of the grievance adjusted without intervention in writing within five business days of such meeting and shall furnish a copy thereof to the Association.
Step 4: If the Association is not satisfied with the disposition of the grievance by the Superintendent or if no disposition has been made within the period provided above, the grievance, at the option of the Association, if may be submitted before an impartial arbitrator. The Association shall exercise its right of arbitration by giving the adjustment is Superintendent written notice of its intention to arbitrate within twenty business days of notice of receipt of the written disposition by the Superintendent. If the parties cannot inconsistent agree as to the arbitrator within five calendar days from the notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceeding. Neither the District nor the Association shall be permitted to assert in such arbitration proceeding any evidence or rely on any evidence not previously disclosed to the other party. Powers of the Arbitrator: It shall be the function of the arbitrator and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. The arbitrator shall confine his/her inquiry and decision to the specific area of the Agreement as cited in the grievance form. The arbitrator shall have no power to rule on any of the following, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist except on matters of school days. Time limits may be extended upon good cause shownprocedure: Any matter involving probation, discharge, nonrenewal, or mutual consent evaluation. The decision of the arbitrator will be submitted to the District and the Association and will be final and binding upon the parties. It is understood Arbitration Costs: Each party shall bear its own costs of arbitration, except that the time limits set forth herein or agreed upon fees and charges of the arbitrator shall be considered as substantive. Failure shared equally by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association If an employee has any complaint or any teacherquestion, believing there he/she shall first discuss the problem with the Director of Environmental Services & Special Projects or Designate. He/she may be accompanied by his/her xxxxxxx if so requested. No grievance exists until the Director of Environmental Services & Special Projects or Designate has been a violation, misinterpretation or misapplication of any provision of this Agreement may file an opportunity to adjust the circumstances surrounding the complaint. An employee having a grievance with not settled as a complaint shall, within seven calendar days of the alleged occurrence or circumstance, present same to the xxxxxxx in writing. The xxxxxxx shall present the grievance to the Director of Environmental Services & Special Projects or Designate who will give an answer in writing within seven calendar days from the time of receipt. If the decision of the Director - Environmental Services & Special Projects or Designate is not acceptable to the employee, the grievance may be presented to the Chief Executive Officer in writing within seven calendar days following receipt of the response from the Director or Designate. If the decision of the Chief Executive Officer or Designate, which shall be given in writing within seven calendar days of the meeting, is not satisfactory to the aggrieved employee, the Union may, by serving written notice within seven calendar days of receipt of the Chief Executive Officer’s or his/her designate’s decision, give notice of its intent to apply to an Arbitration Board as set out hereunder. Any grievance not processed from one step to the next within seven calendar days shall be considered settled. Where a difference arises between the parties designated in relating to the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Associationinterpretation, if the adjustment is not inconsistent with the terms application or administration of this Agreement, provided that including a question as to whether a matter is arbitrable, either of the bargaining representative has been given opportunity parties may, after exhausting the grievance procedure established by this Agreement, notify the party of its desire to submit the difference or allegation to Arbitration, and the notice shall contain the name of the first party’s appointee to the Board. The recipient of the notice shall, within seven calendar days advise the other party of the name of its appointee to the Board. The two appointees so selected shall, within seven calendar days of the appointment of the second of them appoint a third person who shall be present at such adjustment.
A. All time herein shall consist Chairman. If the recipient of school days. Time limits may be extended upon good cause shownthe notice fails to appoint an arbitrator, or mutual consent if the two appointees fail to agree upon a Chair within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The parties may mutually agree to the use of a sole arbitrator in place of an Arbitration Board. The Arbitration Board shall hear the difference of allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the partiesArbitration Board, but if there is no majority, the decision of the Chair shall govern. It is understood that In the time limits set forth herein or agreed upon shall be considered as substantive. Failure by event of a grievance being taken to arbitration the grievant to conform to Employer will pay the time limits herein provided shall mean expenses of its own appointee, the grievance has been dropped. Failure by Union will pay the Board or expenses of its representatives to conform to appointee and the time limits shall mean expenses of the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary Chair of the Board shall note date will be equally shared by the Employer and time of day when grievance complaint is received by him/herthe Union. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the The Arbitration Board shall use its best efforts not be empowered to process such grievance prior modify or amend this agreement, nor to the end of the school term make any decision inconsistent therewith, or as soon thereafter as possibleto deal with any matter not covered by this Agreement. During summer recessWhen mutually agreed, school days shall a sole arbitrator will be counted as five (5) school days per calendar weekused.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this articleagreement, non-teacher hours shall mean a grievance is any dispute relating to the interpretation, applica- tion, administration or alleged violation of this agreement which occurred subsequent to the sign- ing of this Collective Agreement. Failure to carry a grievance through the stages set out below within the time before school begins limits stipulated therein shall be interpret- ed as withdrawal of the grievance. The parties agree to grievances in accordance with the following procedure: or his designate, within five working days of receipt of the product or site services position. agreement. Union policy grievances, and in all cases to be lim- . each other in writing as to the disposition of the grievance within thirty calendar days of the meeting. Province of Ontario for teachers an appointment of a person to act. No grievance or complaint shah be considered by the arbitrator unless it has been properly carried within the time limits stipulated. The arbitrator shah not have jurisdiction to alter or change any provisions of this Collective Agreement, nor to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this agreement, nor to deal with any matter not covered by this agreement. The parties agree to share equally the fee and expenses of the arbitrator. Article SENIORITY An employee will acquire seniority after school ends complet- ing forty worked days accumulated over a twelve-month period in the employ of the Company. During the probationary period an employee may have his employment terminated at the sole discretion of the Company. An employee’s seniority shah date from his last regular date of hire or from forty worked days preceding his attainment of seniority, whichever is later. An employee xxxx lose his seniority standing his name shall be removed from seniority listing and his employment shah be deemed to have been terminated for teachers and during a teacher's lunch any of the following reasons:
(a) If an employee voluntarily quits the employ of the Company. Article ACCUMULATION OF SENIORITY Each employee who has passed his probationary period - will be credited with plant-wide seniority. . An seniority be his length of continuous service with the Company dat- ing from his last date of hire by the Company as mutually agreed upon between the parties.in Article Employees, whose job duties cross departmental lines, will report to one designated This
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been 4.1 A “grievance” is an alleged violation of a violation, misinterpretation or misapplication of any specific provision of this Agreement agreement, or any dispute over the interpretation, meaning, or application of the terms thereof. The aforementioned definition neither limits the Association or the Committee from bringing up for discussion and possible agreement any other differences which might arise between the parties hereto, nor prevents any teacher from individually presenting any grievance or difference through regular administrative channels. However, it is mutually agreed that any such differences shall not be referable to the grievance and arbitration provisions of this agreement without the mutual consent of both parties hereto. A grievance must be presented within eleven (11) school days of the time of the occurrence of the grievance or the date the grievant knew or should have known of its occurrence, whichever is later, and must be processed in accordance with the steps, time limits, and conditions as set forth below in this article.
STEP 1. The grievance shall first be taken up between the aggrieved employee(s) and his/her principal or immediate superior. The employee may file a request that the Association’s representative be present.
STEP 2. If the aggrieved person(s) is not satisfied with the disposition of his/her grievance or if no decision has been rendered within five school days from the date of such meeting, the grievance shall be filed in writing with the principal or superior. The grievance must state the names of the parties, the date the principal or superior was approached, the alleged facts pertaining to the grievance and the applicable provisions of this agreement. The principal or superior may meet with the parties designated to the grievance and the Association’s representative but in any case shall answer the procedures outlined below. The Association can be present for all steps grievance in writing within five (5) school days after receipt of the Grievance Procedurewritten grievance.
STEP 3. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having If the aggrieved person is not satisfied with the disposition of his/her grievance, or if no decision has been rendered within five school days after written presentation of the grievance, s/he may file the grievance adjusted without intervention in writing with the Chairman of the Association’s Professional Rights and Responsibilities Committee (hereinafter referred to as the “P.R. & R.”) within five school days after receipt of the principal’s or supervisor’s written decision or ten school days after the written grievance was presented, whichever is sooner. The P.R. & X. xxxxx then have five school days to review the matter and state its position to the grievant and the principal.
STEP 4. The grievant, if not satisfied, with or without the adjustment P.R. & R. in his/her behalf, shall bring the grievance to the Superintendent of Schools in writing within five school days of the P.R. & R. review. The Superintendent shall, within five school days after receipt of the written grievance, meet with the grievant, the Chairman of the P.R. & R., and the Association President and attempt to settle the grievance. The Superintendent shall give a written answer to the grievant, the principal or supervisor, and the Association within five school days after the date of such meeting.
STEP 5. If the written answer of the Superintendent does not satisfy the grievant, or if no decision is rendered by the Superintendent within ten (10) school days after receipt of the grievance by the Superintendent, and if the grievance is not inconsistent a matter subject to M.G.L. Chapter 71 Section 42 or 42D, the grievant may present the grievance in writing to the Committee within five (5) school days after receipt of the Superintendent’s answer or within ten (10) school days after presentation of the grievance to the Superintendent, whichever is sooner. The Grievant may meet with the terms Committee at its next regular meeting to discuss the grievance in executive session. S/he may be represented by counsel and/or the Association if s/he so states in the appeal. The Committee shall answer the grievance in writing within ten (10) school days after the conclusion of this Agreementthe meeting.
STEP 6. The Committee’s answer shall be considered accepted unless within five school days after receipt thereof the Association notifies the Committee in writing of its intention to take the matter to arbitration pursuant to Article 5.
4.2 In the event that any grievance relates to an alleged act or failure to act by the Superintendent of Schools or by the Committee the grievance may be initiated at STEP 4.
4.3 Any grievance filed but not resolved to the satisfaction of one or more of the interested parties prior to the end of the school year shall be continued to be processed in accordance with the steps, provided time limit, and conditions set forth above except that the bargaining representative has been given opportunity term “school day” shall be read to be present at such adjustment.
A. All mean “weekday” and the time herein shall consist of school days. Time limits may be extended upon good cause shownadjusted by mutual agreement to insure the availability of all necessary participants.
4.4 If the grievant or the Association fails to carry a grievance to the next step within the prescribed time limit, or mutual consent it shall be deemed closed on the basis of the partieslast written answer. It is understood that If the principal or supervisor, Superintendent or Committee fails to answer a grievance within the prescribed time limits set forth herein or agreed upon limit the grievance shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is deemed automatically advanced to the next step.
B. 4.5 The Assistant PrincipalAssociation may initiate action on behalf of a group of grievants if they so request.
4.6 No reprisals of any kind will be taken by the School Committee or by any member of the administration against, Principal, Assistant Superintendent, Superintendentany member of the P.R. & R., or Secretary any other participant in a grievance by reason of such participation.
4.7 All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receiptparticipant.
C. In the event a grievance is filed after May 15 of any year4.8 Unless parties mutually agree otherwise, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For all meetings for the purpose of discussion of the grievance shall be held before or after the school day. An effort will be made to schedule meetings at mutually convenient times.
4.9 Forms for filing grievance, service notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.
4.10 The Committee or Superintendent will, upon request, provide the Association with the approved minutes of School Committee meetings together with any public documents to the extent permitted by M.G.L., Chapter 30A, Sections 19-25, which may be necessary for the Association to process grievances under this articleagreement. The Association will, non-teacher hours shall mean upon request, provide the time before school begins for teachers Committee or Superintendent with the agenda, minutes of Association meetings, and after school ends for teachers and during any other documents relevant to the processing of a teacher's lunch period - as mutually agreed upon between the partiesgrievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association Employer and the Union recognize that grievances may arise concerning:
(a) Differences between the Parties respecting the interpretation, application, operation, or any teacher, believing there has been alleged violation of a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that including a question as to whether or not a matter is subject to arbitration; or
(b) The dismissal, discipline or suspension of an employee bound by this Agreement. The procedure for resolving a grievance shall be the bargaining representative has been given opportunity grievance procedure in this Article.
Step 1: In the first step of the grievance procedure every effort shall be made to be settle the dispute with the designated local department head. The aggrieved employee shall have the right to have their Xxxxxxx present at such adjustmenta discussion. If the dispute is not resolved, the aggrieved employee may submit a written grievance, through the Union Xxxxxxx, to Step 2 of the grievance procedure. A grievance shall not be submitted, or advanced to Step 2 of the grievance procedure until the matter has been discussed by the employee and their immediate department head in accordance with Step 1 of the grievance procedure.
A. All time herein shall consist of school days. Time limits (a) The employee may be extended upon good cause shownpresent a grievance at this level by:
i) Recording this grievance on the appropriate grievance form, or mutual consent setting out the nature of the parties. It is understood that grievance and the circumstances from which it arose;
ii) Stating the Article or Articles of the Agreement infringed upon or alleged to have been violated and the remedy or correction required; and,
iii) Transmitting this grievance to the designated supervisor through the Union Xxxxxxx.
(b) The designated supervisor shall acknowledge receipt of the written grievance by signing and dating the grievance form at the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean that the grievance is automatically presented.
(c) The grievance shall not be submitted, or advanced to Step 3 of the next stepgrievance procedure until the Union has received the Employer’s written reply.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of (d) An employee who wishes to present a grievance must do so not later than:
i) Fourteen (14) days after the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was takenthey were notified orally or in writing, such notification shall be conclusive evidence of the action or circumstances giving rise to the grievance; or
ii) Fourteen (14) days after the date on which they first became aware of its receiptthe action or circumstances giving rise to the grievance.
C. In (e) The representative designated by the event Employer to handle grievances at Step 2 shall reply in writing to an employee’s grievance within fourteen (14) days of receiving the grievance at Step 2.
(a) The Union Secretary-Business Manager or their designate, may advance a grievance is filed at Step 3 within:
i) Sixty (60) days after May 15 of any year, and strict adherence the decision has been conveyed to them by the representative designated by the Employer to handle grievances at Step 2; or
ii) Sixty (60) days after the Employer’s reply was due.
(b) The representative designated by the Employer to handle grievances at Step 3 shall reply in writing to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end within sixty (60) days of receipt of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekgrievance at Step 3.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision 16:01 For the purposes of this Agreement may file collective agreement a grievance is defined 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. It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible. The Employer shall be under no obligation to consider or process a grievance unless such grievance shall have been presented to the Employer in writing at Step 1 of the grievance procedure within the time limits as specified herein. If an employee, or one designated member of a group has a complaint or question concerning the interpretation, application, administration, or alleged violation of this agreement, the employee will first take up the grievance within fifteen (15) working days after the circumstances giving rise to the complaint have occurred or ought reasonably to have come to the attention of the employee. Within this time period the employee shall raise and discuss the issue as a complaint with the parties designated supervisor before it is given to the supervisor in the procedures outlined belowwriting. The Association can Union Xxxxxxx may be present for this discussion if invited.
16:02 The time limits and other procedural requirements set out in Article 16 are mandatory and not merely directory, therefore failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the grievor. If no written answer has been given within the time frame specified, the grievance may be submitted to the next step. Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having procedure within the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school daystimes specified. Time limits may be extended upon good cause shownby mutual agreement in writing between the parties hereto; however the mandatory provisions of Article 16 shall not be considered to have been waived by the parties or either of them unless they expressly provide a waiver thereof in writing signed by both parties. Saturdays, Sundays and paid holidays will not be counted in determining the time within which any action is to be taken or mutual consent completed under the Grievance or Arbitration procedures.
16:03 A grievance which has been disposed of pursuant to the grievance provisions of this agreement shall not again be made the subject matter of a grievance.
16:04 A decision or settlement reached at any stage of the parties. It is understood that the time limits set forth herein or agreed upon grievance procedure shall be considered final and binding upon all parties hereto, including the complaining employee, and shall not be subject to reopening by any party. If the grievance is settled at Step No. 2 of the grievance procedure both the Senior Vice President, Retail and the Union representatives who agreed to the settlement shall sign the settlement as substantive. Failure endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was.
16:05 If the grievance is not adjusted by the grievant to conform supervisor as provided in article 16:01, it shall be reduced in writing on a grievance form and signed by both the Union Xxxxxxx and the employee involved. The supervisor shall give his/her answer in writing to the time limits herein provided shall mean Xxxxxxx without undue delay, but not more than three (3) working days after the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean presented in writing.
16:06 If the grievance is automatically advanced not settled at Step One, the written grievance may be referred to the next step.
B. The Assistant PrincipalSenior Vice President, Principal, Assistant Superintendent, Superintendent, or Secretary of Retail by the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as Local Union President within five (5) school working days per calendar weekafter receiving the answer in writing. A meeting shall be arranged by the Senior Vice President, Retail within five (5) working days of receiving the grievance. Either party may request the presence of the grievor and the union Xxxxxxx at the meeting. The Senior Vice President, Retail shall give his/her answer in writing to the Local Union President without undue delay but not later than five (5) working days after the said meeting.
D. Grievances arising under this article 16:07 If the grievance is not settled at Step Two, a written grievance may be referred to the Senior Vice President, Administration or his/her designate by the Local Union President within five (5) working days of receiving an answer in writing from the Senior Vice President, Retail. Either party may request the presence of the grievor, union Xxxxxxx, Local Union President and the CUPE National Representative, supervisor or Senior Vice President, Retail to attend the meeting to present evidence or give assistance in the settlement of the grievance. A meeting shall be processed during non-teacher hoursarranged by the Senior Vice President, Administration or his/her designate with the Local Union President within five (5) working days of receipt of the grievance in order to resolve the dispute. For The Senior Vice President, Administration or his/her designate shall give his/her reply in writing within five (5) working days if the purpose of grievance is not settled at this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesmeeting.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association Within five working days thereafter or any teacherwithin such longer period as may be agreed, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance the Shop Committee and Business Representative shall meet with the parties designated Regional Manager Canada or his designee to attempt to adjust the grievance. Within five working days following this meeting, the Regional Manager Canada or his designee shall deliver to the Union his answer in writing. Failure on the procedures outlined belowpart of the Corporation to issue its decision within the time limits stipulated as indicated, the grievance will automatically advance to the next step of the grievance procedure. The Association can No matter may be present for all submitted to arbitration which has not been properly carried through the steps of the Grievance Proceduregrievance procedures set forth herein. Nothing contained herein Any time limits provided by Article may be extended or curtailed by mutual agreement. If, after properly exhausting the provisions of the grievance procedure, the Union is dissatisfied with the Corporation’s decision, the Union may require that the grievance be submitted to arbitration provided that it shall be construed deemed to prevent be settled or abandoned if, within fifteen working days after a final decision has been announced the Union shall have failed to give written notice of intent to submit the matter to arbitration. With reasonable promptitude, the Union shall be notified in writing of any individual teacher discipline or dismissal and on request from presenting the Union, the Corporation shall furnish reason for the same. An employee with seniority who feels that he has been unjustly disciplined or dismissed, may present a grievance and having the grievance adjusted without intervention same shall be entered at the Step of the Association, if the adjustment is not inconsistent with the terms of this AgreementGrievance Procedure provided by Article hereof, provided that the bargaining representative right to grieve shall be deemed to be waived if a grievance has not been given presented within ten working days after the event that gave rise to the grievance. In such cases of discipline or dismissal, the employee so disciplined or dismissed shall have the right to confer with his shop xxxxxxx. Failing settlement by the said grievance procedure, a grievance regarding suspension or dismissal may be submitted to an arbitrator as provided by Article hereof, and the arbitrator shall make such settlement as he deems just. An employee will be afforded the opportunity to see his/her personal file upon written request to management. All employees will be present furnished with a copy of any written adverse report on his personal tile which he must sign as having received a copy of. If this is not done (copy) such adverse report shall not become part of his record for use against him at such adjustment.
A. All time herein shall consist of school daysany time. Time limits File may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure viewed by the grievant to conform to employee making the time limits herein provided shall mean request in the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next steppresence of a Senior Management Official.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association 26.1 Any grievance or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement dispute which may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps arise out of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention application or interpretation of the Association, if the adjustment is not inconsistent with the terms or conditions of this Agreement, provided that as alleged by the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shownUNION, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantiveto be a matter subject to review through the grievance procedure and shall be settled in accordance with the procedure set forth immediately herein below, except a dispute by an applicant regarding employment.
26.2 In those instances where discipline is imposed other than salary step reduction, suspension, demotion, or dismissal, IBEW may submit a written requests for a review of the disciplinary action through an administrative review procedure. Failure Administrative Review Procedure: The written request must be submitted to the Human Resources Department within fourteen (14) calendar days after receipt of notice by the grievant employee of the disciplinary action. The Department Head, or Administrative Manager, under which the discipline was administered, shall conduct an administrative review within fourteen (14) calendar days of submission of the request. The Department Head, or Administrative Manager, shall review the disciplinary action and may affirm, reverse, or modify the disciplinary action as deemed appropriate. The Department Head’s determination shall be delivered in writing within fourteen (14) calendar days after the administrative review. The Department Head’s determination shall be final and binding.
26.3 Employee grievances submitted by IBEW to conform ANAHEIM shall be handled in the following manner:
26.3.1 Step I. An attempt shall be made to adjust all grievances on an informal basis between the time limits herein provided employee, his/her IBEW representative, and a supervisor in the employee’s chain of command, up to and including his/her manager, within seven (7) working days after the occurrence of the incident involved in the grievance. The manager shall mean deliver his/her answer within seven (7) working days after the grievance has been droppedconducting the Step I meeting.
26.3.2 Step II. Failure by the Board or its representatives to conform to the time limits shall mean If the grievance is automatically advanced not adjusted to the next step.
B. The Assistant Principalsatisfaction of IBEW in Step I, Principal, Assistant Superintendent, Superintendent, it shall be submitted in writing to the employee’s Department Head or Secretary of Administrative Manager within seven (7) working days after the Board shall note date and time of day when grievance complaint Step I answer is received by IBEW. The Department Head or Administrative Manager shall meet with the employee and his/her IBEW representative within ten (10) working days after submission of the grievance to him/her. If a dispute The Department Head or Administrative Manager shall arise review the grievance and may affirm, reverse, or modify as to date on which said appeal was takendeemed appropriate, such notification the disposition made at Step I and the Step II answer shall be conclusive evidence of the date of its receiptdelivered within seven (7) working days after said meeting.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE PROCEDURE. SECTION 1 - PURPOSE - The Association or any teacherpurpose of this Article is to secure, believing there has been a violationat the lowest possible administrative level, misinterpretation or misapplication an equitable resolution of any provision grievance which may arise during the term of this Agreement contract.
SECTION 2 - REPRESENTATION - Any principal, administrator, the Association, or the Board of Education may file be represented at any stage of this grievance procedure by any person or agent designated by such party to act in his/her behalf.
SECTION 3 - LEVEL I – Any principal with a grievance shall first attempt to resolve such grievance through an informal conference with the parties designated in Assistant Superintendent. Any principal who is not satisfied with the procedures outlined belowinformal adjustment of his/her grievance must, within 15 calendar days of the event giving rise to the grievance, file with the Assistant Superintendent a written statement of his/her grievance. The Association can written statement must be present for all steps dated and signed by the principal and shall set forth the facts and state the provisions of the Grievance Procedurethis Contract alleged to have been violated. Nothing contained herein A “class grievance” affecting a group of principals shall be construed to prevent any individual teacher from presenting signed by at least one of such principals and a grievance and having the grievance adjusted without intervention representative of the Association, if and may be appealed from one level to the adjustment next by the Association. The Assistant Superintendent may meet with the principal to discuss the grievance, and shall indicate his/her disposition of the grievance, in writing, with a copy to the principal and to the Association. If the parties fail to agree or the matter has not been satisfactorily adjusted within five calendar days after the written statement has been filed, the principal may appeal the grievance to the Level II.
SECTION 4 - LEVEL II – A principal who is not inconsistent satisfied with the terms disposition of this Agreement, provided that the bargaining representative has been given opportunity to be present his/her grievance at such adjustment.
A. All time herein Level I shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent file a copy of the parties. It is understood that written statement of his/her grievance with the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean Superintendent within ten calendar days after the grievance has reached Level I. The Superintendent may meet with the principal to discuss the grievance and shall indicate his disposition of the grievance, in writing, with a copy to the principal and the Association. If the parties fail to agree or the matter has not been droppedsatisfactory adjusted within ten calendar days after the grievance has reached the Level II, the principal may appeal the grievance to the Level III. Failure by SECTION 5 - LEVEL III – Within 15 calendar days after the grievance has reached the Level II, a principal who is not satisfied with the disposition of his grievance at the Level II shall file with the Superintendent a written request for a conference with the Board or of Education regarding the grievance. At its representatives to conform to next meeting, the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, SuperintendentBoard of Education, or Secretary a committee of the Board shall note date and set a time for a conference with the principal with the Board or with a committee of day when grievance complaint is received by him/herthe Board. The conference shall take place within 15 calendar days of such meeting. If the grievance is not satisfactorily resolved as a dispute shall arise as to date on which said appeal was taken, result of such notification conference it shall be conclusive evidence referred to arbitration within 15 days of the date of its receiptsuch conference.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Master Contract
GRIEVANCE PROCEDURE. The Association 9.01 It is agreed that it is the spirit and intent of the Agreement to adjust employee or employer grievances promptly. Should a dispute arise between the Board and any teacheremployee or the Union regarding the interpretation, believing there meaning, operations or application of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been a violationviolated, misinterpretation or misapplication of should any provision of this Agreement may file a grievance with other dispute arise, an xxxxxxx effort shall be made to settle the parties designated dispute in the procedures manner outlined belowin this Article. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein Disputes shall be construed to prevent any individual teacher from presenting dealt with so far as possible by discussion between the individuals directly affected. If a satisfactory solution of a dispute cannot be reached at this level, the dispute shall become a grievance and having the such grievance adjusted without intervention of the Association, if the adjustment is not inconsistent shall be processed in order to reach a fair and amicable settlement in accordance with the terms of this Agreement, provided that Article. Disputes of a general nature between the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits Board and the Union may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure initiated by the grievant to conform to the time limits herein provided shall mean the grievance has been droppedappropriate representatives at Step 1. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If Where a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence involving a question of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any partyan employee’s medical assessment or dismissal occurs, the Board and the Union may agree to by-pass Steps 1 and 2 of the grievance procedure.
Step 1 - The employee concerned, assisted by their Xxxxxxx and/or Business Agent, shall use its best efforts to process such submit the grievance prior in writing to the end Supervisor of Maintenance, with a copy to the school term or as soon thereafter as possible. During summer recessEmployee Relations Manager, school days shall be counted as within five (5) school working days per calendar weekafter the date of meeting informally with the Supervisor of Maintenance. The Supervisor of Maintenance or designate shall deliver a decision in writing to the employee concerned, with a copy to the Xxxxxxx of the appropriate union, within five (5) working days after the date the employee’s written grievance was received.
D. Grievances arising under this article Step 2 - If the written decision of the Supervisor of Maintenance or designate is not satisfactory to the employee concerned, the employee concerned may appeal the written decision of the Supervisor of Maintenance or designate to the Manager of Facility Services or a designate by lodging an appeal in writing within five (5) working days after the date on which the employee concerned received the written decision of the Supervisor of Maintenance. The Manager of Facility Services or a designate shall be processed during non-teacher hoursconvene a meeting with the employee concerned and the Employee Relations Manager or designate within five (5) working days after the Manager of Facility Services received the written appeal. For the The purpose of this articlemeeting shall be to discuss and consider the grievance. The Employee Relations Manager or designate shall deliver a decision in writing to the Union within ten (10) working days of the meeting, non-teacher hours shall mean during which time the time before school begins for teachers and after school ends for teachers and during grievance will have been discussed at a teacher's lunch period - as mutually agreed upon between meeting of the partiesDirector’s Council.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps 9.1 Union policy grievances shall commence at Step 2 of the Grievance Proceduregrievance procedure. Nothing contained herein shall be construed Disputes in respect to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention meaning, interpretation of the Association, if the adjustment is not inconsistent with alleged violations of the terms of this Agreement, provided or when an employee claims that the bargaining representative he has been given opportunity unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the following manner:
STEP 1 The aggrieved employee or the Local Chairman shall present the grievance in writing to the employee's Regional Manager within 14 calendar days following the cause of the grievance. The grievance must include all of the details of the cause of the grievance. Such Regional Manager will render a decision in writing, outlining the reasons for the decision, within 14 calendar days following receipt of the written grievance.
STEP 2 If the grievance is not settled at Step 1, the Division Vice-President may appeal the decision in writing, giving his reasons for the appeal, to the officer designated by the Company, within 28 calendar days following receipt of the decision rendered in Step 1. Such Company officer will render a decision in writing, giving his reasons for the decision within 28 calendar days following receipt of the appeal.
STEP 3 If the grievance is not settled at Step 2, it may then be referred by either party to arbitration for final and binding settlement without stoppage of work. Arbitration proceedings may be instituted by service of either party upon the other party through a written notice to arbitrate the matter within 28 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. Said written notice must be made to the Division Vice-President, TCU Trucking Division, on behalf of the Union or to the designated Company officer for Canpar Transport Ltd.
9.1.1. The arbitrator shall, before the hearing, require the party requesting arbitration to submit a written statement outlining the questions of interpretation or alleged violation to be present at such adjustmentarbitrated. The arbitrator may, where the employee has been discharged or otherwise disciplined by the Company, confirm, modify or annul the decision of the Company, or as the case may be, substitute any other sanction which appears to him to be just and reasonable under the circumstances. The cost of the arbitrator(s) will be shared equally by the Union and the Company.
A. All 9.1.1 The parties will mutually agree on a minimum of two (2) arbitrators in each of the following regions: (1)Western Canada, (2) Ontario, (3) Quebec, (4) Atlantic Canada, for the term of this Agreement. Should there be a vacancy in any of the regions, one of the other agreed to arbitrators will rule pending a mutually agreed upon replacement.
9.1.2 Upon mutual agreement the parties agree to consider using Labour Canada Mediation services as an option to arbitration.
9.2 The arbitrator's decision shall be final and bind the Company, the Union, and the employee(s) concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to render any decision incompatible with the provisions of this Agreement, nor to consider any matter not pertaining to the present Agreement.
9.3 When a grievance is not progressed by the Union within the prescribed time herein limits, it shall consist be considered as dropped. When the appropriate officer of school days. Time limits the Company fails to render a decision within the prescribed time limits, the grievance may be extended upon good cause shownprogressed to the next step within the prescribed time limits based on the last date such a decision was due, or mutual consent of except as otherwise provided in Clause 9.4. In the parties. It is understood event the Company fails to respond to a grievance within the prescribed time limits, the Union may process the grievance from that point onward in accordance with the procedures herein except that the time limits set forth herein or agreed upon in respect of that grievance from that point onward shall be directory.
9.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as substantivedropped. Failure by When the grievant appropriate officer of the Company fails to conform render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
9.5 The time limits specified herein provided shall mean the grievance has been dropped. Failure may be extended by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepmutual agreement.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary 9.6 Settlement of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance not involve retroactive pay beyond 60 calendar days prior to the end date that such grievance was first submitted in writing.
9.7 Prior to adjudication or final disposition of the school term or as soon thereafter as possible. During summer recess, school days a grievance there shall be counted as five (5) school days per calendar weekneither a shutdown by the Company nor a work stoppage by employees.
D. Grievances arising under this article shall 9.8 All time limit restrictions in Article 6 and Article 9 will be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon automatically extended between the partiesperiod of December 22 and January 5 inclusive each year.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association Grievances within the meaning of the grievance and arbitration procedure shall consist only of disputes about the interpretationor application of particular clauses of this Agreement and about alleged violations of this Agreement. In the event of any dispute concerning the meaning or any teacher, believing there has been a violation, misinterpretation or misapplication application of any provision of this Agreement may file or a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms dispute concerning an alleged violation of this Agreement, provided that there shall be no suspension or disruption of work, but such dispute shall be treated as a grievance and shall be settled, if possible, by and the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein Union. In the interests of expediting the procedure, the parties shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent process grievances in the following manner: PRELIMINARY DISCUSSION Disputes arising out of the partiesinterpretation or alleged violation of this Agreement should, if possible, be settled by discussion between the employee his xxxxxxx and the supervisor. It is understood that FIRST STEP If a dispute cannot be resolved by this method, the time limits set forth herein or agreed upon Accredited Union Representative for the Union may file a formal grievance on the prescribed form with the Manager of Construction. Such grievance shall be considered as substantivefiled within ten (10) working days of the alleged grievous act. Failure Within ten (10) working days of the filing of the grievance, the Manager of Construction or his designate shall investigate the grievance and convene a meeting which he or the Accredited Union Representative considers necessary to resolve it. The Manager of Construction or his designate shall give his reply on the prescribed form to the Accredited Union Representative within five (5) working days from the date of the First Step meeting. Copies of completed grievance forms signed by the grievant to conform to appropriate parties shall be filed by the time limits herein provided Manager of Construction or his designate with the General Manager of and by the Accredited Union Representative with the International Representative of the Union. If a First Step grievance meeting is considered appropriate, the Management Committee shall mean comprise the Manager of Construction or his designate, plus two (2) Management officials, one (1) of whom shall be a representative of the Employer against whom the grievance has been droppedfiled. Failure by The Union Committee shall comprise the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/herAccredited Union Representativeplus two (2) additional Union officials. SECOND STEP If a dispute shall arise as has not been resolved at the First Step of the grievance procedure, the Accredited Union Representative may refer the grievance on the prescribed form to date on which said appeal was taken, such notification Grievance Officer. Such grievances shall be conclusive evidence referred within ten (10) working days after the disposition has been issued under the First Step of this procedure. A copy of the date of its receipt.
C. In grievance form shall be forwarded by the event a grievance is filed after May 15 of any year, and strict adherence Accredited Union Representative to the time limits may result in hardship International Representative of the Union. The Grievance Officer shall investigate the grievance and convene a meeting which he or the International Representative considers necessary to any party, resolve it and give his reply on the Board shall use its best efforts to process such grievance prior prescribed form to the end International Representative of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as Union within five (5) school working days per calendar week.
D. Grievances arising under this article from the receipt of the grievance form which was completed at First Step. If a Second Step grievance meeting is considered appropriate, the Management Committee shall comprise the Grievance Officer plus two (2) other Management Representatives, one (1) of whom shall be processed during non-teacher hoursa representative of the Employer against whom the grievance has been filed. For The Union Committee shall comprise three (3) persons, including the purpose International Representative and the Accredited Representative for the plus one (1) other representative of the Union. OR UNION GRIEVANCES The processing of grievances shall begin at the Second Step. may submit either policy or specific grievances. The Union may also institute policy grievances at this articleStep. Such policy or specific grievances shall be submitted within thirty (30) days of the alleged grievous act. TIME LIMITS The time limits as to both documents and procedures set out in the above sections shall be complied with by the parties to this Agreement provided, non-teacher hours shall mean however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time before school begins limits imposed. Where no answer is given within the time limits specified in the grievance procedure, the employee concerned, the Union or shall be entitled to submit the grievance to the next step of the grievance procedure. Any grievance not processed within the time limits specified in the grievance procedure shall be deemed to have been settled and ineligible for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.arbitration. Alleged unjustified termination, discharge, suspension or disciplinary action may be grieved beginning at First Step. GRIEVANCE FACILITIES
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association 1001 A grievance shall be defined as any dispute arising out of interpretation, application, or alleged violation of the agreement. 1002 An xxxxxxx effort shall be made to settle grievances fairly and equitably in the following manner, however, nothing in this agreement shall preclude the Employer and the Union from mutually agreeing to settle a dispute by any teachermeans other than those described in the following grievance procedures without prejudice to their respective positions. 1003 Local Union representatives, believing there has been upon request to their immediate supervisor and subject to operational requirements, shall be granted necessary time off with pay to meet with the Employer for the purpose of processing grievances subject to a violation, misinterpretation or misapplication maximum cost to the employer of any provision maintaining salaries of this Agreement may file three (3) employees so engaged. Such permission shall not be unreasonably withheld. 1004 Step 1/Discussion Stage Within twenty-one (21) calendar days after the cause of a grievance occurs, the grievor shall attempt to resolve the dispute with her immediate supervisor, who is outside the parties designated bargaining unit. In the event of a grievance originating while the employee is on approved leave of absence from work such grievance must be lodged within fourteen (14) calendar days of return. 1005 Step 2 If the grievance is submitted but not resolved within the foregoing time period, the grievor and shop xxxxxxx may, within the ensuing fourteen (14) calendar days, submit the grievance in writing to the procedures outlined belownext appropriate level of management as determined by the Employer who is outside the bargaining unit, stating all allegations and remedies sought. The Association can Employer shall have fourteen (14) calendar days to respond to the grievance. A copy of each grievance shall be present for all steps submitted to Human Resources. 1006 Step 3 Failing settlement of the Grievance Proceduregrievance at Step 2, the Union may within fourteen (14) calendar days, submit the grievance in writing to the Chief Operating Officer or designate who shall, within fourteen (14) calendar days after receipt of the grievance, render a decision. Nothing contained herein shall 1007 An employee claiming to have been discharged or suspended without just cause may submit the grievance directly to the Chief Operating Officer or designate. 1008 If a dispute involving a question of general application or interpretation occurs and affects a group of employees, the Union or the employees may submit the grievance directly to the Chief Operating Officer or designate. 1009 An employee may choose to be construed to prevent accompanied by a local Union representative at any individual teacher from presenting a stage of the grievance procedure. 1010 The time limits in both the grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits arbitration procedures may be extended upon good cause shown, or by mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon agreement and shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepconfirmed in writing.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Should any dispute arise between the Company and the Employees or the Company and the Association as to the interpretation, application or any teacher, believing there has been a violation, misinterpretation or misapplication alleged violation of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms provisions of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon an xxxxxxx effort shall be considered as substantive. Failure by made to settle such difference without undue delay in the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result manner set out in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hoursArticle. For the purpose of this articleprocedure, non-teacher hours a “working day” shall mean be defined as a company day of operation i.e. Sunday through Saturday exclusive of statutory holidays. Timelines within the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as grievance procedure must be adhered to unless extensions are mutually agreed upon to between the parties. The grievance shall be considered abandoned unless the parties have mutually agreed to an extension. Management and the employee are responsible to ensure the grievance 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.
Step 1 Within three (3) days of the occurrence of the difference, the employee with or without an Association Representative shall discuss the difference with the immediate supervisor. If an Association Representative is unavailable, any fellow employee may represent the employee at this stage in the procedure. If the matter is not resolved within three (3) working days, proceed to the next step. Present your problem in writing on a Grievance form to your Supervisor and forward a copy of the grievance to your Human Resources Manager. If an Association Representative is unavailable, any fellow employee may represent the employee at this stage in the procedure. If the matter is not resolved within five (5) working days, proceed to the next step. Note: In certain work areas, additional steps involving additional levels of management may be required before you reach Step 3. The time limit for resolving each of any additional step(s) is five (5) working days. Present the Grievance form to the Plant Manager. If an Association Representative is unavailable, any fellow employee may represent you at this stage in 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 fifteen (15) days of the completion of Step 3 of the Grievance Procedure.
2. Each grievance will be heard by a single independent Arbitrator.
3. The single Arbitrator will be selected from one of the following: - Xxxxx Xxxxx - Xxxxx XxXxxxxxxx - Xxxx Xxxxxx
4. The appointed Arbitrator can only apply the agreement; they cannot add/amend anything in the agreement.
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. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication Section 1. A grievance shall be an alleged violation of the expressed terms of this contract. All matters not included in this Agreement shall not be the basis of any provision of grievance filed under the procedure outlined in this Agreement may file article.
Section 2. Any employee having a specified grievance shall take the matter up with his/her bus supervisor, who shall attempt to adjust the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Associationmatter, if the adjustment is not inconsistent consistent with the terms of this Agreement, provided that as soon as possible. If the bargaining representative employee so requests, the bus supervisor will arrange to have the employee’s committeeman or xxxxxxx (as the case may be) represent him/her. The employee will not be required to continue discussion of the grievance after he/she has been given opportunity all facts and requested relief to be present at such adjustmentthe supervisor if he/she does not desire to do so.
A. All Section 3. Discussion and settlement of grievances and other work related Union business will be handled at a mutually acceptable time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent that will not interfere with the operation of the parties. It is understood that bus program, but, in case of emergency requiring immediate action, they will be discussed at the time limits set forth herein or agreed upon of occurrence.
Section 4. Grievances, which are not so settled, shall be considered as substantive. Failure reduced in writing on appropriate forms signed by the grievant employee. A copy shall be given to conform the bus supervisor, who shall attempt to settle the matter and will give his answer within five (5) regular working days.
a. Prior to the time limits herein provided shall mean when a grievance is put into writing, or during the course of the grievance has been dropped. Failure by procedure, any member of the Board or its representatives to conform to bargaining committee may review the time limits shall mean facts on which the grievance is automatically advanced based, or the claims made by the grievant, with the appropriate supervisor.
b. When a grievance is put into writing, there will be included or attached sufficient information so that it will be readily possible to determine the identity of the grievant(s), the date(s) when the grievance(s) occurred, the facts of the situation which created the grievance and other such information as will make it plain what the facts are which are claimed as the basis of the grievance. The written grievance shall also state clearly what relief is being sought.
c. When written answers to grievances are required and the grievance complies with Sections 1 and 2 above, the answer, if favorable to the next stepgrievant, will describe exactly what will be done in settling the grievance. If not, the answer will include whatever details, dates and circumstances are involved, and the reason(s) relied on by the supervisor for denying the grievance.
B. The Assistant PrincipalSection 5. If the grievance is not settled by the bus supervisor, Principalit may then be submitted to the Superintendent or his designated agent, Assistant Superintendentwho shall arrange a meeting to be held within ten (10) working days to discuss the grievance. He shall give his answer, Superintendentin writing, or within five (5) working days after said meeting.
Section 6. If the answer received is not acceptable, the grievance may be appealed to the Board Committee by sending a written notice with a copy of the grievance to the Secretary of the Board shall note within ten (10) working days from the date and time of day when grievance complaint the answer is received by him/herthe Union from the Superintendent. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence At the next regular meeting of the Board after the date of its receipt.
C. In the event appeal, the Board Grievance Committee will hold a grievance is filed after May 15 meeting with the Union to attempt to satisfactorily resolve the grievance. Within ten (10) working days from the date of any year, and strict adherence to the time limits may result in hardship to any partymeeting with the Board, the Board shall use its best efforts to process answer such grievance prior in writing. This decision shall be final and binding unless appealed within ten (10) working days from the date the Board’s decision is received by the Union, or the Union requests arbitration of the grievance within ten (10) days from the date the answer is received.
Section 7. Grievances not presented to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as bus supervisor within five (5) school working days per calendar week.
D. Grievances arising under of when the occurrence first became known, or should have become known, will be deemed abandoned, and grievances not appealed from one step to the next step within ten (10) working days from the decision at any step will be considered settled on the basis of the last decision. The time limits contained in this article shall may be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon extended by written agreement between the parties.
Section 8. If, at any point in the grievance procedure, time limits are not followed by the Board, the grievance may be forwarded to the next step in the grievance or arbitration procedure, as appropriate, by the Union.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 13.01 The Association or any teacherUnion will appoint, believing there has been from among employees who have completed their probationary period, and the Company will recognize five (5) Stewards and a violationCommittee comprised of not more than three (3), misinterpretation or misapplication one (1) of any provision of this Agreement may file a grievance with whom shall be the parties designated in the procedures outlined below. The Association can be present for all steps Chairman of the Grievance Procedure. Nothing contained herein Committee.
(a) Each Xxxxxxx or Committeeman shall be construed permitted to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, function as such only as provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the partiesherein. It is understood that the Stewards and Committee men have their regular work to perform on behalf of the Company and will spend only such time limits set forth herein during working hours as is necessary to service grievances as provided under the grievance procedure. If it is necessary to service a grievance as authorized by this Agreement, they will not leave their regular work without first obtaining the permission of their Department Head. It is also understood that a Xxxxxxx shall not enter another Department without first obtaining the permission of the Department Head of such Department and notifying him as to the nature of the grievance and the personnel involved. The Xxxxxxx upon leaving a Department after servicing a grievance, will notify the Department Head thereof, and upon resuming his regular work, after servicing a grievance in his own or agreed upon another Department will report to his own Department Head. Whenever, in the opinion of the Department Head concerned, more than a reasonable period of time has been taken by a Xxxxxxx in servicing a grievance, the Xxxxxxx’x Department Head may decline to approve payment to such Xxxxxxx for such excess time. The Chief Xxxxxxx shall be considered as substantive. Failure full-time, paid by the grievant to conform Company but maintain seniority rights for departmental seniority.
(b) All grievances shall be dealt with during working hours where possible without loss of time or pay to the parties involved.
13.03 When an employee is being disciplined for any reason, he may elect at his discretion to have a Union Representative present during any interview.
13.04 The Local shall notify the Company in writing from time limits herein provided to time of the names of the Committeemen and Stewards.
13.05 The Company will supply the Chairman of the Committee with a list of the Department Heads and Assistant Department Heads excluded from the provisions of this Agreement as aforesaid and will notify the chairman of any changes hereto.
13.06 It is understood that an employee has no grievance until he has given his Department Head an opportunity to adjust his complaint which shall mean the grievance has been dropped. Failure be presented by the Board or its representatives employee, who shall be accompanied by the Group Xxxxxxx, to conform his Department Head within three (3) full working days after the circumstances giving rise to the time limits complaint have originated or occurred. If an employee has an unsettled complaint, it may be taken up as a grievance within three (3) full working days after receiving the Department Head’s decision in the following manner and sequence. Step No. 1 Between the employees, who may be accompanied by the Group Xxxxxxx, and his Department Head. The grievance shall mean be presented in writing and the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary decision of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification Department Head shall be conclusive evidence given in writing within (2) full working days following the presentation of the date of its receipt.
C. In the event a grievance is filed after May 15 of any yeargrievance; Failing settlement, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.then:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. Any difference between any employee covered by this and the Board, or in a proper case between the Local of The Alberta Teachers' Association and the Board concerning the interpretation, application, operation or alleged violation of this agreement and including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work. Such difference (hereinafter called "a grievance") shall first be submitted in Writing to the secretary-treasurerof the Board and the secretary of the Local of the and the chairperson of the of the Local No Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated and the remedy sought. In the event the grievance is not settled within days the date of submission of the grievance in accordance with the above procedure, then on or before a further five days have lapsed the expiration of the aforesaid day time period, the grievance shall be referred in writing to the secretary-treasurerof the Board, the secretary of the Local of the and the chairperson of the of the Local No who in turn shall notify their respective grievance committee. Such grievance committee shall be composed of two representatives of the Board and two representatives of the Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within days following receipt of the submission except where by Unanimousconsent of the grievance committee, the hearing of such grievance is for the purpose of obtaining information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding. If the grievance committee does not reach a unanimous or any teacherdecision within the said time, believing there has been then either party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice may be given within days after the date of the aforesaid day limit expires or the date the grievance committee renders other than a violationunanimous decision, misinterpretation whichever is shorter. Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairperson. In the event of any failure to appoint, any party may request the Director of Mediation Services to make the necessary appointment. The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard. The arbitration board shall not change, amend, or misapplication alter any of the terms of this agreement. grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement may file agreement or that involves the determination of a grievance with subject matter not covered by, or arising during the term of this agreement. The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties designated in and upon any employee affected by it. If there is not a majority, the procedures outlined belowdecision of the chairpersongoverns and it shall be deemed to be the award of the board. The Association can be present for all steps arbitration board shall give its decision not later than days the appointment of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreementchairman, provided however, that the bargaining representative has been given opportunity to be present at such adjustment.
A. All this time herein shall consist of school days. Time limits period may be extended upon good cause shown, or mutual by written consent of the parties. It is understood that Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman. All the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays. In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limits set forth herein or agreed upon specified, the grievance shall be considered as substantivedeemed to be at an end. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary Any of the Board shall note date and aforesaid time may be extended at any stage upon written consent of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. (a) Any dispute, grievance or misunderstanding (hereinafter called grievance) involving occupational classification, wages, seniority, hours of work, or such other employment conditions which any employee or group of employees may desire to discuss and adjust with the Company shall be handled as follows:
Step 1 The Association employee shall discuss his grievance with the Shift Supervisor of his department. If the employee believes that he cannot properly express or any teacherexplain his difficulties to the Shift Supervisor, believing there the employee may report the matter to the xxxxxxx who, together with the employee may discuss the matter with the Shift Supervisor. If the grievance is not satisfactorily adjusted following such discussion the employee may submit a written summary of the grievance to his Shift Supervisor.
Step 2 If the grievance is not satisfactorily adjusted by the Shift Supervisor within forty-eight (48) hours after the grievance has been submitted to him in writing under the provisions of Step 1 hereof, the employee and the xxxxxxx may take up the matter directly with the Site Manager or his appointee.
Step 3 If a violationsatisfactory settlement is not reached within forty-eight (48) hours after the matter has been discussed in accordance with Step 2 hereof, misinterpretation the xxxxxxx may submit the grievance in writing to the Union Committee with a copy to the Company. The Union Committee may then discuss it with the Company at a time to be agreed upon which shall not be later than ten (10) days following the date the grievance is submitted in writing in accordance with the provisions of Step 3.
(b) All decisions arrived at by agreement between the Company and the Union Committee with respect to any grievance involving a difference between the Company and an employee or misapplication group of employees should be made in writing and shall be final and binding on the Company and the Union and shall be without prejudice and will not set a precedent. In the event of failure to reach agreement through Step 3 of this clause, the Company shall confirm its decision in writing to the Union Committee within ten (10) days.
(c) Nothing in this agreement shall be deemed to take away the right of an individual employee to present any personal complaint to the Company.
(d) While an employee may discuss a grievance with his Shift Supervisor at any time, a request for retroactive adjustment need not be entertained by the Company unless the grievance is presented in writing within thirty (30) days of the date of the incident which gave rise to the grievance or if more than two (2) weeks have elapsed from the time the grievance is carried to the next higher step. The time limits specified herein will not include periods during which an employee is unable to file or process a grievance on account of leave of absence or vacation.
(a) Any difference between the Company and the Union involving an alleged violation of any provision Article of this Agreement which directly affects the interests of the Union or the Company as a party to this Agreement may file be filed as a grievance with in writing by either party. Any such grievance so submitted shall if initiated by the parties designated in Union be signed by the procedures outlined belowemployee recognized as the representative of the Union Committee of Local 9042 or if initiated by the Company shall be signed by the Site Manager or his appointee. The Association can be present for all steps written grievance shall state the matter at issue, the grounds on which the violation of the Grievance Procedure. Nothing contained herein Agreement is alleged to have occurred, the specific clause or clauses relied upon and the nature of the relief or remedy sought.
(b) The Company and the Union Committee shall be construed meet to prevent any individual teacher from presenting a grievance and having discuss the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity at a time to be present at such adjustment.
A. All time herein mutually agreed upon which shall consist of school days. Time limits may not be extended upon good cause shown, or mutual consent of later than ten (10) days following the partiesdate the grievance is submitted in writing. It is understood that a representative of the United Steelworkers may be in attendance at such meetings. All decisions arrived at by agreement between the Company and the Union Committee with respect to any grievance involving a direct difference between the Company and the Union shall be made in writing and shall be final and binding on both parties and shall be without prejudice and will not set a precedent. In the event of failure to reach agreement the party to whom the matter was submitted shall confirm its decision in writing to the other party within ten (10) days.
(c) While a grievance concerning a direct difference between the Company and the Union may be discussed at any time, a request for retroactive adjustment need not be entertained by the party to whom the grievance is submitted unless the grievance is presented in writing within thirty (30) days of the date of the incident which gave rise to the grievance.
11.03 Unless the party initiating a grievance processes it within the time limits set forth herein or agreed upon in this Article 11 the grievance shall be considered as substantive. Failure by the grievant deemed to conform to the have been abandoned.
11.04 The time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification specified in this Article 11 shall be conclusive evidence deemed to be exclusive of the date Saturdays, Sundays, those holidays described in clause 6.03 of its receipt.
C. In the event a grievance is filed after May 15 of any year, this Agreement and strict adherence to the planned vacation shutdowns. These time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end be extended by mutual agreement of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekparties concerned.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been It is the mutual desire of the parties to this Agreement that a violation, misinterpretation or misapplication grievance of any provision an employee shall be resolved as promptly as possible. No grievance shall be considered which usurps the function of management. For the purposes of this Agreement may file a Article, the "working shall not include Saturdays, Sundays or Paid Holidays. Any grievance with not processed within the parties designated in the procedures outlined belowsaid time limits will be deemed to have been abandoned. The Association can be present for all steps of the Grievance Procedure. Nothing time limits contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity are deemed to be present at such adjustment.
A. All time herein shall consist of school daysmandatory. Time limits may only be extended upon good cause shown, or by mutual consent agreement and such extension must be in writing. The grievance form must specify the nature of the partiesgrievance, the remedy sought and the specific provisions of the Collective Agreement alleged to have been violated. Step It is understood that an employee has no grievance until has first discussed the issue with immediate Supervisor and given the Supervisor an opportunity to resolve the issue. If no settlement can be reached, then a grievance arising under the Agreement relating to the interpretation, application or alleged violation of the Agreement must then be submitted in writing within five (5) working days after the circumstances, giving rise to the grievance occurred or originated. The grievance must be processed and dealt with in accordance with the terms and provisions set forth in this Article. The employee may, wishes, be accompanied by Xxxxxxx at any stage of this grievance procedure. It is understood that it is the time limits set forth herein or agreed upon shall employee's responsibility to arrange for the Xxxxxxx to be considered as substantivepresent. Failure by Within five working days following the grievant to conform decision under Step the employee must submit the written grievance to the time limits herein provided shall mean Director. The Director will meet with the grievance has been droppedand review the grievance. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall A decision in writing will be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as rendered within five (5) school working days per calendar week.
D. Grievances arising from the date on which the grievance meeting was convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the and review the grievance. A representative of the Union may attend this meeting if requested to do so by either party. A decision writing will be rendered within five working days from the date on which the grievance meeting was convened. In the event the decision of the Executive Director is not satisfactory to the the may refer the matter to Arbitration in accordance with the provision of this Agreement. If no written request for Arbitration is received within ten (10) working days from the' date of the decision under this article Step, the grievance shall be processed during non-teacher hoursdeemed to be settled. For If it is necessary for a Union Xxxxxxx to assist an employee with the purpose presentation of this articlea grievance, non-teacher hours shall mean not leave work without first obtaining the permission of Supervisor. It is agreed that a grievance arising directly between the Employer and the Union (a policy grievance) or a grievance claiming the unjust discharge of an employee who has completed probationary period, must be originated under Step above, within five (5) working days after the circumstances giving rise to the grievance occurred or originated and the time before school begins for teachers limit set out with respect to Step shall apply. However, is understood that a policy grievance may not be used with respect to a complaint or a grievance directly affecting an employee and after school ends for teachers and that the regular grievance procedure shall not be by-passed. Probationary employees may not access the grievance procedure if discharged during a teacher's lunch period - as mutually agreed upon the probation period. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union, shall be final and binding upon the Employer, the Union, and the Employees. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this grievance procedure. However, any such agreement shall be writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so requests to the presence of the Union Xxxxxxx when such discipline is assessed. It is the responsibility of the employee to arrange for the Xxxxxxx to be present if so desires.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association Board and the Union agree that prompt and just settlement of grievances is of mutual concern and interest. Therefore, the parties shall attempt to settle all grievances promptly and fairly at the point of origin.
Section 1 Any claim by a Faculty, group of Faculty, or any teacherthe Union at the request of a group of Faculty, believing that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision division of this Agreement Agreement, may file be processed as a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedureas provided hereinafter. Nothing contained herein in this article shall require the Union to process a grievance if the Union determines that the grievance lacks merit. Nothing in this article shall be construed to prevent Faculty from presenting, at any individual teacher from presenting a time, their own grievance in person or by legal counsel to the College and having the such grievance adjusted without intervention the participation of the AssociationUnion. However, if the an adjustment is not inconsistent must be consistent with the terms of this Agreement, provided that and the bargaining representative has been Union must be given a reasonable opportunity to be present at such adjustmentany meeting called for the resolution of any grievance. Duty days shall be defined as duty days on the Faculty Instructional Calendar.
A. All time herein Section 2 In the event that a Faculty believes that there is a basis for a grievance, the Faculty shall consist first discuss promptly the alleged grievance with the immediate supervisor either personally or, if the Faculty prefers, accompanied by a Union representative, within 25 of school daysthe Faculty’s duty days from the date on which the Faculty could reasonably have known of the occurrence of the event giving rise to the alleged grievance. Time limits It is agreed that when the grievant is satisfied with the College's response, processing of the grievance will automatically terminate. Class grievances and/or UFF-Broward College Chapter Executive Council grievances that might or might not involve multiple immediate supervisors may be extended upon good cause shownsubmitted at Step 2 bypassing Step
1. Such grievances shall be submitted to the Vice Xxxxxxx of Academic Affairs within 25 Faculty duty days from the date on which a grievant class and/or the UFF-BC Chapter Executive Council could have reasonably known of the circumstances giving rise to the alleged grievance.
Step 1 If, after the informal discussion with the immediate supervisor, an alleged grievance still exists, the following formal grievance procedure may, at the option of the grievant, be invoked through the Union. Within 5 duty days of the informal discussion, the Faculty shall submit the form set forth in Appendix A, signed by the grievant and a representative of the Union, which form shall be available from the College's Office of General Counsel and from the Union. Within 5 duty days of receipt of the grievance, the immediate supervisor and the appropriate Xxxx shall meet with the grievant and the Union representative in an attempt to resolve the grievance. The Xxxx will indicate the disposition of the grievance in writing within 5 duty days after such meeting, and shall furnish a copy thereof to the Union.
Step 2 If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the Vice Xxxxxxx of Academic Affairs within 5 duty days of the disposition of the grievance at Step 1. Within 5 duty days the Vice Xxxxxxx of Academic Affairs or designee shall meet with the grievant and the Union representative and shall indicate the disposition of the grievance in writing within 5 duty days of the meeting.
Step 3 If the grievant is not satisfied with the disposition of the grievance, or if no disposition has been made within the specified time limit, the grievance shall be submitted to the President or designee, within 5 duty days of the disposition of the grievance at Step 2. Within 5 duty days, the President or designee shall meet with the grievant and the Union representative and shall indicate the disposition of the grievance in writing within 5 duty days of the meeting.
Section 3 If the grievant is not satisfied with the disposition of the grievance by the President or designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Union (with the consent of the grievant) to arbitration before an impartial arbitrator within 50 duty days of the disposition at Step 3 or expiration of the time limit. An extension of the time limit will be granted upon mutual consent agreement. In the event that the Union does not elect to initiate arbitration on behalf of the grievant, the grievant may then initiate arbitration on his or her own behalf. The arbitrator shall be selected from the Federal Mediation and Conciliation Service in accordance with its rules, which shall also govern the arbitration proceedings. The parties agree the award of the arbitrator shall be final and binding. The College and the Union shall share equally the expense of the arbitrator so long as the Union decides to initiate arbitration on behalf of the grievant. In the event that the Union does not elect to initiate arbitration, the grievant and the College shall share equally the expense of the arbitrator. In either instance, each party shall be responsible for any additional expenses it chooses to incur, including attorney’s fees and costs. Adjustments of any grievance shall be consistent with the provisions of this Agreement. The arbitrator shall be prohibited from modifying, changing, adding to, or subtracting from the terms of this Agreement or any supplementary written, approved amendment entered into mutually by the parties. Any case appealed to the arbitrator upon which the arbitrator has no power to rule shall be referred back to the parties without decision.
1. The time limits in this article may be modified by written agreement of the parties. It is understood that the The time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hoursstrictly observed by all parties and the number of days written at each level will be considered a maximum - every effort will be made by the parties to expedite the process.
2. For The Union shall have the purpose right to initiate class grievances at Step 2.
3. Nothing in this article shall require the Union to process grievances for Faculty who are not members of this articlethe Union.
4. The parties agree that a settlement of any grievance by the parties prior to the rendering of a decision by an arbitrator shall not constitute an admission that the Collective Bargaining Agreement has been violated, non-teacher hours nor shall mean such settlement constitute a precedent for the time before school begins interpretation or application of the provisions of the Agreement.
5. No reprisal of any kind will be made by the Board against any grievant, any witness, any Union representative or any other participant in the grievance procedure by reason of such participation.
6. During all stages of the grievance procedure, the parties have the right of discovery to all information that have a bearing on the grievance.
7. The supervisor and grievant may mutually waive the hearing at any step – in which case the responsible official shall process the grievance as provided for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesat that step.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association Section 1. It is mutually agreed that a grievance is any dispute, controversy, or difference between the parties to this Agreement or any teacher, believing there has been a violation, misinterpretation issue with respect to or misapplication of any provision concerning the interpretation or application of this Agreement may file or any terms or provisions thereof. No matter
A. Before initiating a written grievance the Employee must first discuss the matter orally with the parties designated in Sheriff or the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepUndersheriff.
B. The Assistant PrincipalIf the matter is not so resolved, Principalthe Union representative and Employee shall discuss complaint with the Sheriff, Assistant Superintendent, SuperintendentUndersheriff, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipttheir designee.
C. In If a complaint is not resolved in Step A or B, the event a complaint will be reduced to writing on the regular grievance is filed after May 15 of any yearform provided by the local Union, signed by the Employee, and strict adherence presented to the time limits may result in hardship to any partySheriff, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as Jail Administrator and/or Undersheriff within five (5) school calendar days per of the completion of step B. The Sheriff, Jail Administrator and/or Undersheriff shall have ten (10) calendar weekdays after receiving the grievance to answer the grievance.
D. Grievances arising under this article If the grievance is not settled, either party may, within ten (10) calendar days after receiving the Sheriff’s/Jail Administrator’s/Undersheriff’s answer, request in writing a meeting which shall be processed during non-teacher hoursset at a mutual agreeable time and place, between the Union representatives and the Sheriff, Jail Administrator, County Administrator and/or Undersheriff and/or a designee(s) to review the matter The grievant shall be present at this meeting. For Such meetings, if requested, shall be held within thirty (30) days after the purpose date of this articlethe written request. The Sheriff will render his/her decision within ten (10) calendar days of the meeting.
Section 2. Arbitration: If the grievance is not settled by the step(s) above, non-teacher hours recognizing that step D is optional, the Union may submit such grievance to arbitration. The submission is to be made within thirty (30) days after receipt of the last step answer. Each grievance submitted to arbitration shall mean be submitted to the FMCS in accordance with its voluntary rules and regulations then existing, within the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between specified above. Such rules should govern the partiesarbitration hearing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision SECTION 1. During the life of this Agreement may file there shall be no strike, slowdown, suspension or stoppage of work in any part of the Company's operations by employees or any employee, nor any lockout by the Company in any part of the Company's operations. Should any differences arise between the Company and the Union or its members, an earnest effort shall be made to xxxxxx such differences in the following manner, including application of the principles of mutual gains bargaining at steps (a) and (b):
(a) First, within thirty days of the occurrence of the incident leading to the difference, between the employee or employees involved and his or their immediate supervisor, or between a steward selected by the Union to represent the employee or employees and said supervisor.
(b) If the grievance is not adjusted with the parties supervisor within seven days, then within ten days thereafter the individual employee or group of employees may take the matter up directly with the next level of Management as designated by the respective Business Area representative on the Company Negotiating Committee, or the grievance may be reduced to writing and signed by the employee or employees and the appointed steward and then taken up by the xxxxxxd with the same designated xxxxx of Management.
(c) If the grievance is not adjusted with Management as specified in Section 1 (b) within three days, then within ten days thereafter either party may submit notice of the procedures outlined belowgrievance in writing to a Board of Review composed of the respective Business Area representative on the Company Negotiating Committee (or an authorized designee), one other member of the Company Negotiating Committee, a Labor Relations staff member, and the standing members of the Union Negotiating Committee by mailing same in accordance with the provisions of Article XX. Said Board will either finally dispose of the matter upon the mutual agreement of the Company and Union representatives, or either party may submit it to arbitration.
(d) If any grievance involving an interpretation of the meaning of the provisions of this Agreement is not adjusted within twelve days after the meeting of the Board of Review at which the grievance is submitted, then within thirty days thereafter either party may submit such grievance to the American Arbitration Association. The American Arbitration Association can shall appoint a neutral arbitrator in accordance with its then prevailing rules governing labor arbitrations. The arbitrator's decision shall be present for all steps rendered within 90 days after the conclusion of the Grievance Procedure. Nothing contained herein hearing and the filing of briefs, and shall be construed to prevent any individual teacher from presenting a grievance final and having the grievance adjusted without intervention binding. Each party shall pay one-half of the Associationfee and expenses of the arbitrator.
(e) Either party may appeal to the Federal Mediation and Conciliation Service for mediation and conciliation, if but such mediation and conciliation shall not be a cause for delay of such arbitration.
(f) Any grievance not taken to the adjustment is not inconsistent with next step within the terms of this Agreement, provided that the bargaining representative has been given opportunity time limit may be deemed to be present at such adjustmentsettled, unless the parties mutually agree in writing to extend the time limit for a particular step.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that (g) In determining the time limits set forth herein herein, Saturdays, Sundays and holidays shall be excluded.
SECTION 2. The Union shall have the right to submit a grievance involving suspension, layoff, or agreed upon discharge directly to a Board of Review in accordance with the provisions of Section 1 (c) and said Board of Review shall be convened not more than five days after the grievance is submitted.
SECTION 3. The question of whether or not the Company shall pay the employee back pay for the period covered by such suspension, discipline, layoff or discharge if such suspension, discipline, layoff or discharge shall ultimately be held to have been wrongful may be considered as substantive. Failure by part of the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepgrievance.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/herSECTION 4. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance When considering an employee's prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For record for the purpose of this articledetermining the penalty to be applied in a current disciplinary action, non-teacher hours any previous offense more than three years old shall mean be ignored if it did not result in disciplinary suspension, and the time before school begins for teachers weight to be accorded any other previous offense shall depend on the remoteness of such other offense and after school ends for teachers and during a teacheron the nature of the employee's lunch period - as mutually agreed upon between the partiesrecord since then.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Uil Holdings Corp)
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. 8.1 For the purpose of this article, non-teacher hours a grievance is a dispute concerning the interpretation or application of the terms of this Agreement.
8.2 All references to days in this article are to calendar days. If the last day of any applicable time period called for in this article is Saturday, Sunday, or a holiday, the deadline is automatically extended to the close of business of the next scheduled working day for administrative personnel of the department.
8.3 Any bargaining unit employee who believes that he has a grievance may discuss that matter with his immediate supervisor as soon as possible after the employee is aware of a dispute concerning the interpretation or application of this Agreement. If no satisfactory resolution is immediately forthcoming at this level, a bargaining unit employee or their representative may invoke Step I of the grievance procedure in accordance with the requirements set forth below. Provided, however, newly hired probationary employees shall mean not be entitled to invoke the time before school begins grievance procedure. All grievances regarding termination shall be submitted at Step III.
8.4 In the event that a grievance involves more than one employee and is dependant on a common fact situation, such grievance shall be deemed a class grievance and the grievance procedure may be invoked directly at Step 3, the department head level, by any aggrieved regular employee or the Association. All employees in the same common fact situation shall be bound by the resolution of the grievance and no further individual grievances concerning or arising out of that common fact situation will be processed.
8.5 Any grievance that has not been submitted to the next step in a timely manner shall be deemed expired and no further action pursued on the matter. Extensions shall be subject to the mutual agreement of the parties and reduced to writing.
8.6 The grievance procedure shall include four (4) steps:
8.6.1 Step I grievance shall be submitted in writing to the employee's immediate supervisor on the standard grievance form and shall be signed by the grievant. The Step I grievance shall concisely state the facts relied on by the grievant, the article(s), and/or section(s) of the Agreement alleged to have been violated, and the relief requested by the grievant.
8.6.2 Within seven (7) calendar days after the receipt of a timely Step I grievance, the supervisor or designee, shall meet with the grievant, who shall have the right to be represented by the Association, and, shall render a written decision concerning the grievance. If the grievant is not satisfied with the Step I decision, or if no decision is issued within the allotted time, the grievant may invoke Step II of the grievance procedure.
8.6.3 Within seven (7) calendar days after the date that the Step I decision is issued or due, whichever is earlier, the grievant may invoke Step II of the procedure by submitting the Step I decision to the Department Head or designee along with a written statement of his or her reason for teachers dissatisfaction with the decision.
8.6.4 Within seven (7) calendar days after receipt of a timely Step II grievance, the Department Head or designee shall schedule a hearing concerning the grievance. The Department Head or designee shall render a written decision, within seven (7) calendar days after the hearing, concerning the grievance. If the grievant is not satisfied with the Step II decision, or if no decision is issued within the allotted time, the grievant may invoke Step III of the grievance procedure.
8.6.5 Within seven (7) calendar days of the date the Step II decision is issued or is due, whichever is earlier, the grievant may invoke Step III by submitting the grievance and all written decisions concerning it to the Human Resources Director or designee who will hear the grievance on behalf of the City Manager.
8.6.6 Within seven (7) calendar days after school ends receipt of the grievance documents, the Human Resources Director or designee will conduct a hearing concerning the grievance. The grievant may present evidence in support of the grievance at the Step III hearing. Within seven (7) calendar days after the hearing, unless extended by mutual agreement, the Human Resources Director or designee shall render a written decision concerning the grievance. If the employee is unsatisfied with the Human Resources Director's or designee Step III decision, or if no decision is issued within the allotted time, the grievant may request the Association to invoke Step IV, the arbitration step of the procedure.
8.6.7 Within seven (7) calendar days of the date the Step III decision is issued or is due, whichever is earlier, the Association or grievant may invoke arbitration by giving the City timely written notice of its intent to arbitrate the grievance in question. Such notice shall be served on the Human Resources Director by certified mail, return receipt requested.
8.6.8 The City and the Association shall, within thirty (30) calendar days after receipt by the Human Resources Director of the Association's notice of intent to arbitrate, submit a request to the Federal Mediation and Conciliation Service (F.M.C.S.) for teachers a panel of seven (7) professional arbitrators who reside in the State of Florida. Representatives of the City and during Association shall confer within thirty (30) calendar days after receipts of the list of arbitrators and each shall alternately strike, one at a teacher's lunch period - as mutually agreed upon between time, two names from the partieslist. The first strike shall be made by the grieving party. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notify the arbitrator of his selection.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been Commissionwill recognize a violation, misinterpretation or misapplication Grievance Committee of any provision the Utility Xxxxxxx of this Agreement may file a grievance Local and two (2) Stewards If the term of the utilization of new buildings require additional represenlalion the will discuss the same with the parties designated Union and consider recognition of additional stewards The Union shall keep the Commission notified in writing of the procedures outlined below. The Association can be present for all steps names of currently authorized members of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having Committee Any difference of opinion regarding the grievance adjusted without intervention interpretation, application, or administration of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon agreement shall be considered as substantive. Failure by a matter for the grievant grievance procedure An employee shall first give immediate supervisor an opportunity to conform adjust complaint within three (3) working days after the circumstances giving rise to the time limits herein provided complaint have occurred The employee may request the assistance of Xxxxxxx during those discussions with immediate supervisor Grievances shall mean be in writing for Step and Step and must cite the grievance has been dropped. Failure by the Board grievous act or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary specific provision of the Board shall note date agreement which claimed to have been violated and time the redress sought Grievances must be filed fifteen (15) days of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification the alleged violation and shall be conclusive evidence of dealt with in following manner A xxxxxxx shall first take the date of its receipt.
C. In matter up with the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as they will respond within five (5) school working days per calendar week.
D. Grievances arising under Failing at this article stage the union xxxxxxx may immediatelyproceed to Step within an additional two (2) working days The utility xxxxxxx shalt take the matter up with the Director Director respond within ten (10) working days Failingsettlement at this stage the utility xxxxxxx may invoke Step within an additional two (2) working days additional (14) working days lo arbitration as set out in Step and Step decisions lo be in writing Time limits herein set out must be adhered to by both parties unless mutually extended by the parties A policy or group grievance pertaining to the administration or application of agreement may be initiated at Step as applicable It is agreed that all differences of opinion relating to the interpretation application or of this Agreement which Xxxxxx be settled after exhausting the grievance procedure will be settled by arbitration as defined in the appropriate Section of the Ontario Labour Relations Act An Arbitration Board or Arbitrator shall have the power lo add or to subtract from or change the provisions of this Collective Agreement or lo make any decision inconsistent with the provisions of this Collective The Union and the Commission shall each pay one half of expenses and remuneration of the Chairman of the Board and shall each bear the expenses and remuneration of their own appointee to the Board and any other expenses incurred in presenting their case The time limit fixed in both the grievance and arbitration procedure may be extended by consent of both parties lo this agreement The probationary period for a new employee is six months work and the grievance procedure in respect to dismissal is applicable during this probationary period A claim by an employee that has been unjustly discharged shall be processed during non-teacher hours. For treated as a grievance if written statement of grievance is lodged with the purpose of this article, non-teacher hours shall mean Commission at Step No within five (5) working days the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between discharge is effected Such special grievance may be settled under the parties.Grievance or Arbitration Procedure by
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. A. The Association Company agrees to meet and treat with the duly accredited officers, committees and representatives that are elected or selected by the members of the Union, upon any teacher, believing there has been a violation, misinterpretation questions and grievances that may arise hereunder between the parties hereto during the life of this Agreement regarding the meaning or misapplication operation of any provision of this Agreement. While the department heads and officials of the Company will be available and willing to hear and discuss grievances at any appropriate time, insofar as possible grievances shall be considered by and between representatives of members of the Union and the representative of the Company immediately in charge of the operations out of which the controversy arose. Any grievance not presented in writing to both parties within thirty (30) days after its alleged occurrence will not be recognized by either the Company or the Union. Grievances shall be handled locally within thirty (30) days after being filed. If grievances are not settled within thirty (30) days, they will be handled by the Local Union with the General Office. If the grievance is presented to the General Office, the General Office will furnish the Local Union its decision in writing within thirty (30) days after the initial conference between the representative of the Union and the Company representative from the General Office.
B. Any employee covered by this Agreement who has been suspended or discharged shall have the right, upon written notice to the Company within twenty (20) calendar days after such suspension or discharge, to have his case taken up by the officers, committees or representatives of the Union with the representative of the Company; and in such cases where, upon investigation, it is found and mutually agreed to by the representatives of the Union and of the Company that such employee who has been suspended or discharged was not at fault, he shall be reinstated to his former position and paid the wages to which he would have been entitled had he continued in the Company's employment, during the period of suspension or discharge. Nothing herein shall abridge the right of the Company to relieve or discharge employees from duty because of lack of work or for other proper causes.
C. If settlement of any grievance is not reached within the time limits specified in Paragraphs A and B, the grievance may file be referred to arbitration in writing by either party within thirty (30) days thereafter; provided, however, that if the matter is not referred to arbitration in writing within thirty (30) days as above provided, the Company and the Union hereby agree that the matter will no longer be arbitrable. Provided further, that the Company and the Union agree that the only grievance concerning a part-time employee covered by this Agreement which shall be arbitrable shall be a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps arising out of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting application of the provisions of this Agreement which cover part- time employees and a grievance and having by a part-time employee concerning the grievance adjusted without intervention discharge of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the partiesemployee for fault. It is understood that by the parties the term "discharge of the employee for fault" shall not include the discharge of a part-time employee for attendance-related reasons. Upon agreement, the Company and the Union may extend or vary the time limits set forth herein out in Paragraphs A and B. When meetings between the aggrieved employee and his representatives and the representatives of the Company are mutually arranged, employees affected shall not lose their pay for scheduled time lost because of attending such meeting. The authorized representative or agreed upon shall be considered as substantive. Failure by representatives of the grievant to conform Union who are employees may discuss with the Fleet Maintenance Supervisor or Fleet Maintenance Manager, general matters pertaining to the time limits herein provided shall mean interpretation or administration of any terms of this Agreement without having to resort to the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepprocedure.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association Union President, or any teacherhis/her authorized representative, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may report an anticipated grievance to the Fire Chief in an effort to avert the grievance.
Step 1: An employee who is aggrieved must file a grievance with the parties designated Union Grievance Committee within fifteen (15) days of the date upon which the member knew of or should have known of the facts or events giving rise to the grievance. Any deadline in this grievance procedure which falls on a Saturday, Sunday, or Holiday will be extended to the procedures outlined belownext business day. A copy of notice of receipt of the grievance shall be forwarded to the Fire Chief or his/her designee by the Union Grievance Committee within three (3) days of receipt of the grievance. The Association can be present for all steps of the Union Grievance Procedure. Nothing contained herein Committee shall be construed to prevent any individual teacher from presenting within its sole discretion determine if a grievance and having exists. If the Union Grievance Committee determines that no grievance adjusted without intervention of exists, it shall notify the Association, if Fire Chief in writing that no further proceedings will be necessary. If the adjustment is not inconsistent with the terms of this Agreement, provided Union Grievance Committee determines that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced valid, it shall process the grievance on behalf of the employee(s) by forwarding the written grievance according to Step 2 of this procedure. Any grievance filed by the Union shall proceed directly to Step 2 of this procedure.
Step 2: Any grievance found to be valid by the Union Grievance Committee shall be submitted to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, Fire Chief or Secretary his/her designee within three (3) days of the Board shall note date and time of day when Step 1 ruling. Any grievance complaint is received filed by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification the Union shall be conclusive evidence filed and submitted to the Fire Chief within 15 days of the date upon which the Union knew or should have known of its receiptthe facts or events giving rise to the grievance. After receipt of the grievance the Fire Chief or his/her designee shall within twenty- one (21) days submit his response in writing to the Union Grievance Committee.
C. In Step 3: If the event a grievance is not resolved at Step 2, the Union Grievance Committee, or the Union, whichever filed after May 15 of any yearthe grievance, and strict adherence shall submit the grievance in writing to the City Manager or his/her designee within ten (10) days from receipt of the Step 2 decision. The City Manager or his/her designated representative shall review the matter and render a decision in writing to the submitting party(s) within twenty-one (21) days of receipt of the grievance. The City Manager’s response to grievances shall be final and binding, with no further right of appeal.
Step 4: At any time limits may result in hardship before moving the grievance to any partyStep 5, the Board Union and the City may agree in writing to submit the dispute to mediation. Mediation is optional and requires the Agreement of both parties. The costs of mediation and the mediator will be shared equally by the parties.
Step 5: If the grievance is not resolved at Step 3 or Step 4, the Union shall use its best efforts have ten (10) days from receipt of the City Manager’s decision to process such grievance prior submit the matter to arbitration. Arbitration will be invoked by the Union Grievance Committee delivering a letter so stating to the end of City Manager or his/her designee. If the school term or as soon thereafter as possible. During summer recessgrievance is submitted to arbitration, school days shall be counted as the Employer and the Union may, within five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this articlesuch request, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually jointly appoint an agreed upon between arbitrator. Upon a failure to agree, the parties.employee and Union shall within five (5) days request a list of seven (7) arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service. Within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association Section 1. A grievance is defined as a dispute involving the interpretation or any teacher, believing there has been a violation, misinterpretation or misapplication application of any an express provision of this Agreement agreement raised by an employee or by a group of employees with respect to a single common issue. Matters identified in this agreement as subject to the City Council provisions and appeal procedures shall not be subject to the Grievance procedures set forth in this agreement.
Step 1. Within the twenty (20) day time limit specified in Section 3 of this article, the employee or his designated representative may file submit a grievance, and any such grievance shall be submitted in writing using a grievance with form as shown in
Step 2. If the parties designated in aggrieved employee is not satisfied and the procedures outlined belowgrievance is still unresolved, the employee may appeal under the provisions of SDCL 3-18.
Section 3. The Association can No grievance shall be present for all steps entertained or processed unless it is submitted at Step 1 within twenty (20) calendar days after the discovery of the Grievance Procedureevent giving rise to the grievance or within twenty (20) calendar days after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the event giving rise to the grievance. Nothing contained herein shall be construed to prevent any individual teacher from presenting If a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that presented within the time limits set forth herein or agreed upon above, it shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the 'waived.' If a grievance is automatically advanced 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 City's last answer. If the City does not answer a grievance or an appeal thereof within the specified time limits applicable in any step of the process, the aggrieved employee and/or the Union may elect to treat the relief requested in the grievance as denied at that particular step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, Section 4. It is agreed that all time limitations in this article may be extended by mutual Agreement of all parties involved. Extensions must be granted in writing.
Section 5. No written incident report or Secretary records of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification disciplinary action shall be conclusive evidence of entered into an employee's official personnel file unless the date City first advises the employee of its receiptintent to enter such writings in the file and affords him an opportunity to read and obtain copies of any material in the employee's official personnel file.
C. In the event Section 6. Any reprimand that may become a grievance is filed after May 15 part of any year, and strict adherence to the time limits an employee's official personnel file or may result in hardship to any partysuspension or discharge shall be given, the Board shall use its best efforts to process such grievance prior in writing, to the end employee affected by the Chief of the school term or as soon thereafter as possible. During summer recess, school days Public Safety and/or his designated representative and shall be counted as five (5) school days per calendar weekdone at an appointed time with such employee having the right to have a union xxxxxxx and/or other union representative present.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Bargaining Agreement
GRIEVANCE PROCEDURE. The A claim by an employee or the Association or any teacher, believing that there has been a violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement may file shall be deemed a grievance. : The time limits for movement of a grievance with through the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein process shall be construed to prevent any individual teacher from presenting a grievance strictly followed and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be relaxed or extended upon good cause shown, or only by mutual consent of the partiesparties in writing. It If the Association fails to appeal a grievance or appeal a District answer within the particular time limit or fails to comply with the written requirements at each step of the grievance procedure, the involved grievance shall be deemed abandoned and settled on the basis of the District's last answer, if any. If the District fails to supply the Association with its answer to the particular step within the specified time limits, the grievance shall be automatically positioned for appeal at the next step within the time limit for exercising that appeal, commencing with the expiration date of the District's grace period for answering. : All specified time limits consist only of assigned work days. : Each grievance must be initiated within ten (10) days of the occurrence of the cause for complaint, or, if neither the aggrieved nor the Association had knowledge of the occurrence at the time of its happening, then within ten (10) days of the first such knowledge by either the aggrieved or the Association. However, any monetary compensation shall be limited to ten (10) work days before the filing of the grievance. Employees shall be considered to have knowledge of information appropriately published by the District. Settlement of delayed grievances, as provided, shall not be retroactive to any date prior to the date of the filing.
: STEP 1 The aggrieved employee(s) may take the matter up with their building principal or department director on an informal basis. : STEP 2 : If the matter is understood that not resolved informally, a written grievance may be filed with the Central Office Administrator, as designated by the Superintendent, within ten (10) work days following the informal meeting. : The written grievance shall set forth a specific article or paragraph of the article allegedly violated, misinterpreted, or misapplied, along with a statement of the relief sought and signature of the aggrieved person and the Association Representative. : Within ten (10) work days after receiving the grievance, the designated administrator shall meet and within ten (10) days of the meeting state his/her decision in writing, and shall forward a copy to the aggrieved party and to the Association. : STEP 3 : If the matter is not resolved at the Step 2 level, a written grievance may be filed with the Superintendent or designee within ten (10) work days after receiving the decision of the Central Office Administrator. : The appeal shall be in writing and shall be accompanied by a copy of the original grievance. : Within ten (10) work days after receipt of the appeal, the Superintendent or designee shall commit in writing to the Association and the aggrieved party. : STEP 4 : If the Association is dissatisfied with the decision of the Superintendent or designee, the Association may within ten (10) work days file a written notice to the other party of its intent to arbitrate.
0.00.00 00: Upon the Employer’s receipt of the written notice of intent to arbitrate a particular grievance which has been submitted to the Local 1 Arbitration Department, all time limits for arbitration in the Agreement shall be held in abeyance. If the Employer determines sufficient time has elapsed to process the grievance, the Employer may activate the tolling of the time limits set forth herein or agreed upon by serving notice to the Local 1 Arbitration Department. The notice shall be considered as substantivedelivered to MEA/NEA Local 1 Arbitration Department by certified mail notifying MEA/NEA Local 1, 00000 Xxxxxxxx, Xxxxx X, xxx Xxxxxxx Xxxxxxxx, XX 00000-0000. Failure The time limits to select an impartial arbitrator shall begin on the 10th work day after receipt of such notice. The parties shall attempt to agree on an impartial arbitrator. If they cannot so agree within ten (10) work days of the request for arbitration, then the party requesting arbitration shall, within twenty (20) work days from the date of the intent to arbitrate, file a demand for arbitration with the American Arbitration Association, sending a copy of that demand to the opposite party. The arbitration shall be conducted by the American Arbitration Association. : The arbitrator shall have no authority to arbitrate any complaint that is not an alleged violation, misinterpretation, or misapplication of specific provisions of this Agreement. If the grievance sought to be arbitrated is not specifically covered by this Agreement, then the arbitrator shall have no authority to rule on the merits of the grievance. The conduct of the hearing shall be paid one-half (1/2) by the Association and one-half (1/2) by the Employer. All other expenses shall be borne by the party incurring them. So long as the arbitrator does not exceed his/her authority as provided in this Agreement, the arbitrator’s decision is final and binding on the Association, all bargaining unit employees, and the Employer. The arbitrator shall have no authority to issue a decision on the merits of a prohibited or illegal bargaining subject. If the arbitrability of any grievance is disputed, the arbitrator shall have no jurisdiction to render a decision on the merits until he/she has first made a ruling on the arbitrability issue. By stipulation of the parties of the grievance, the arbitrator may concurrently hear both the jurisdictional issues and the merits of that dispute in the same proceeding. If the arbitrator determines that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. The arbitrator shall have no authority to order retroactive back-pay beyond the grievance date for the affected position from other district sources and shall deduct from such back-pay an amount equal to any compensation the grievant to conform may have received for the affected positions from other District sources during the applicable time period. The arbitration proceedings will be conducted pursuant to the time limits herein provided Michigan Uniform Arbitration Act, MCL 691.1681 et seq. Notwithstanding any other provision in this Agreement, the Employer shall mean have no obligation to arbitrate any grievance after the expiration of this Agreement. The Employer, however, shall arbitrate grievances arising during the term of this Agreement for which a timely grievance was filed before the Agreement’s expiration. : Neither party shall be permitted to assert in such arbitration proceedings, any grounds, or to rely on any evidence not disclosed to the other side by at least the third (3rd) Step. : A grievance may be entertained in or advanced to Step 2 of the grievance has been droppedprocedure if the parties jointly agree. Failure by : In grievances involving discharge, the Board or its representatives to conform Association President will be notified in writing of the action taken. Such disciplinary action shall be deemed final and automatically closed unless a written grievance is filed at Step 3 within three (3) work days from the time of presentation of the notice to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/herPresident. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a written grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any partyfiled, the Board Superintendent or designee shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as have five (5) school work days per calendar week.
D. Grievances arising under in which to arrange a meeting. Normal time limits shall apply thereafter. : The selection of the grievance procedure or any other forum for dispute resolutions involving matters included in this article Agreement shall be processed during nonmutually exclusive. If courts, either federal or state, M.E.R.C., or this grievance procedure is begun, any other procedure is temporarily postponed until the dispute is resolved. This provision shall not deny an individual employee to pursue multi-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins forums for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesdispute resolutions.
Appears in 1 contract
Samples: Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The Employer and the Association recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the employee will be encouraged to discuss the matter with the employee's Supervisor as soon as possible after the circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible.
12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or any teacherapplication in respect of the employee of a provision of a statute, believing there has been or a violationregulation, misinterpretation by-law, direction, or misapplication other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any provision of the provisions of this Agreement may file by the Employer, or, as a grievance with result of any occurrence or matter affecting the parties designated employee's terms and conditions of employment in the procedures outlined below. The Association can be present respect of which no administrative procedure for all steps redress is provided in or under an Act of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having Legislative Assembly of New Brunswick, and, where the grievance adjusted without intervention employee has written consent of the Association, if Association respecting any grievance relating to the adjustment is not inconsistent with the terms interpretation or application of this Agreement, provided that the bargaining following procedure shall apply: LEVEL EMPLOYEE’S TIME TO PRESENT GRIEVANCE WITHIN PRESENT GRIEVANCE TO EMPLOYER’S TIME TO RESPOND WITHIN FIRST 20 Working Days after the alleged grievance has arisen or has come to their attention Person designated by the Employer 10 Working Days from receipt of written grievance SECOND 10 Working Days from receipt of reply from first level or date reply should have been received Person designated by the Employer 10 Working Days from receipt of written grievance THIRD 10 Working Days from receipt of reply from previous level OR date reply should have been received OR in case of suspension or discharge as prescribed in Article 14.05, 20 working days. Person designated by the Employer 15 Working Days from receipt of written grievance
12.03 In any case where the employee presents the employee's grievance in person or in any case in which a hearing is held on a grievance at any level of the grievance process the employee may be accompanied by a representative has been given opportunity or agent of the Association.
12.04 In determining the time in which any step under the foregoing proceedings is to be present at such adjustment.
A. All time herein taken, Saturdays, Sundays and recognized holidays shall consist of school daysbe excluded. Time limits may be extended upon good cause shown, or mutual consent If advantage of the parties. It is understood that provisions of this Article has not been taken within the time limits set forth specified herein or agreed upon the alleged grievance shall be considered deemed to have been abandoned and cannot be pursued except as substantive. Failure by the grievant provided in 12.05 hereof.
12.05 Both parties may mutually agree in writing to conform to extend the time limits herein provided specified herein.
12.06 Any matter giving rise to a dispute directly between the Association and the Employer shall mean be processed at Step Three of the grievance has been droppedprocedure within twenty (20) working days of the occurrence thereof. Failure by Should the Board or matter not be settled, either party may refer its representatives to conform differences pursuant to the time limits shall mean appropriate section of the Public Service Labour Relations Act.
12.07 Where an employee presents a grievance at the final level in the grievance process and the grievance is automatically advanced one that may not be referred to adjudication, the employee shall be entitled, upon request being made in writing at the time of filing the grievance at the final level, to have a full hearing of the matter(s) giving rise to the next stepgrievance, at that level.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association or any 20.01 A claim by a teacher, believing or the Association as specified below, that there has been a violation, misinterpretation or misapplication of any provision of this the Agreement may file be processed as a grievance with as hereinafter provided. If any such grievance arises, there will be no stoppage or suspension of work because of such grievance, but such grievance will be submitted to the parties designated in the procedures outlined below. The Association can be following grievance procedure.
20.02 A teacher may present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having to the grievance adjusted Board or its designated representative without the intervention of the Association, if the adjustment is Association or its representative as long as any adjustments are not inconsistent with the terms of this Agreement, provided that . The administration will notify the bargaining representative has been given opportunity to be present at such adjustmentAssociation of a grievance filed by the teacher and any adjustment thereof.
A. All time herein shall consist 20.03 If, as a result of school days. Time limits an informal discussion with the principal or appropriate Administrator, a grievance still exists, the teacher may be extended upon good cause shown, invoke the formal grievance procedure through the Association or mutual consent independently according to the following steps.
20.04 Step One: Within fifteen (15) working days of the partiestime a grievance occurs, the teacher/Association had knowledge of a claimed grievance or when the teacher/Association should have reasonably known of a claimed grievance the teacher/Association will present the grievance in writing to the appropriate administrator. It is understood that The grievance will be on the time limits set forth herein grievance form "Statement of Grievance" or agreed upon shall be considered as substantivea reasonable facsimile and signed. Failure The "Statement of Grievance" will name the teacher, identify all the provisions of this Agreement alleged to have been violated by the grievant appropriate reference, will state the contention of the teacher/Association with respect to conform to these provisions, will indicate the time limits herein provided shall mean the grievance has been dropped. Failure relief requested and will be signed by the Board or its representatives to conform to the time limits shall mean teacher/Association.
20.05 Step Two: If the grievance is automatically advanced to the next step.
B. The Assistant Principalnot resolved in Step One, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall it must be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result submitted in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as writing within five (5) school working days per calendar weekof receipt of the Step One decision or the date of the decision is due, whichever is later, to the Chief Human Resource Officer. The Chief Human Resource Officer and the aggrieved teacher/Association will meet within a reasonable time, not to exceed ten (10) working days, in an attempt to resolve the matter. The administration will give the teacher/Association an answer in writing no later than five (5) working days after the Step Two hearing concludes.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE. The Association 9.01 A "grievance" is defined as any question or controversy between any teacheremployee or the UNION with the EMPLOYER involving the interpretation, believing there has been a violation, misinterpretation application or misapplication of any provision compliance with or noncompliance with the provisions of this Agreement may file AGREEMENT; provided, however:
A. If specific administrative agency relief of a grievance with quasi-judicial nature is provided for by the parties designated in the procedures outlined below. The Association can be present for all steps statutes of the Grievance Procedure. Nothing contained herein shall state of Ohio and/or the United States for review or redress of a specific matter (such as Workers' Compensation, Unemployment Compensation, EEOC, Civil Rights Commission), such matter may not be construed to prevent any individual teacher from presenting made the subject of a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is may not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered processed as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepsuch.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, Any action by the EMPLOYER or Secretary any recommendation of the Board shall note date SUPERINTENDENT to terminate the employment of any employee with the EMPLOYER may be made the subject of a grievance and time of day when grievance complaint is received by him/her. If a dispute shall arise may be processed as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receiptexcept for drug and alcohol terminations.
C. Any matter specifically excluded from the processing of a grievance pursuant to specific provisions of this AGREEMENT may not be made the subject of a grievance and may not be processed as such.
9.02 All employees must make every effort to settle differences or disputes without filing a grievance. In the event a that an agreement cannot be reached, the following steps must be taken with respect to any grievance:
Step 1 The aggrieved employee shall present his/her grievance is filed after May 15 of any year, and strict adherence in writing by fully completing the Step 1 Grievance Form to the time limits may result in hardship to any partyemployee's immediate supervisor, who will answer the Board shall use its best efforts to process such grievance prior within ten (10) work days after receipt. This written presentation of the grievance to the end immediate supervisor must take place within ten (10) work days after the employee has knowledge of the school term facts which gave rise to the grievance or as soon thereafter as possiblewith reasonable diligence should have knowledge of such facts. During summer recess, school days shall be counted as If the employee does not refer his/her grievance to the second step of the procedure within five (5) school work days per calendar weekafter receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved. If the grievance is processed as a class/group grievance it shall move directly to step 2.
D. Grievances arising under this article Step 2 The grievance shall be processed during non-teacher hoursreferred in writing by fully completing the Step 2 Grievance Form to the Executive or Senior Executive Director of Transportation or designee who will investigate the grievance with the Executive or Senior Executive Director of Transportation or designee. For The Executive or Senior Executive Director of Transportation or designee will reply within ten (10) workdays. If the purpose employee is not satisfied with the written answer of the Division Head, the employee may refer his/her grievance to the third step of the grievance procedure. If the grievance is not referred to the third step within five (5) workdays of receipt of reply from the Executive or Senior Executive Director of Transportation or designee, it shall be considered to be satisfactorily resolved.
Step 3 The grievance shall be submitted in writing by fully completing the Step 3 Grievance Form to the SUPERINTENDENT or designee, or his/her designee, who shall investigate the grievance within thirty (30) days. As part of such investigation, the SUPERINTENDENT or designee or his/her representative(s) shall meet with the aggrieved employee and his/her representative and others having knowledge of the matter. Within fifteen (15) workdays after this articleinvestigation meeting is held, non-teacher hours the SUPERINTENDENT'S or designee answer to the grievance will be issued to the aggrieved employee, the UNION and all other affected individuals. If the EMPLOYER fails to timely answer at Step 3 and the UNION has served notice at the Step 3 hearing that it demands a timely answer, the grievance shall mean be deemed settled in favor of the time before school begins for teachers and after school ends for teachers and during grievant without establishing a teacher's lunch period - as mutually agreed upon between the partiesprecedent.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association A grievance concerning the interpretation or any teacheralleged violation of this Agreement, believing there or an appeal by an employee who believes that has been unjustly disciplined shall be processed in the following manner: Within calendar days from the date of the cause of the grievance the employee and/or the Union Representative may present the grievance orally or in writing to the immediate supervisor, who will give a violationdecision as soon as possible but in any case within calendar days of receipt of grievance. If the grievance is presented in writing the decision will also be given in writing Within calendar days of receiving the decision under Step the Xxxxxxx or the Chief Xxxxxxx may appeal the decision in writing to the Chief Transportation Officer, misinterpretation or misapplication the Passenger Services, as the case may be. The appeal shall include a written statement of grievance and where it concerns the interpretation or alleged violation of the Collective Agreement, the statement shall identify the Article and paragraph of the Article involved. A decision shall be rendered in writing within calendar days of receiving the appeal. Within calendar days of receiving the decision under Step the Chief Xxxxxxx or authorized representative may appeal the decision in writing to the President whose decision shall be rendered in writing within calendar days of receiving the appeal. A grievance or appeal which is not settled at the President's level may be progressed for final settlement under the provisions of Article .A. Except as provided in Article any provision grievance not progressed by the Brotherhood within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to further appeal. Where a decision is not rendered by the appropriate officer of the Company within the prescribed time limits, the grievance may be progressed to the next step in the grievance procedure. When a grievance based on a claim for unpaid wages in not progressed by the Brotherhood within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits the claim will be paid. The application of this Agreement may file Article shall not constitute an interpretation of the Collective Agreement. The settlement of a grievance with shall not under any circumstances involve retroactive pay beyond a period of days prior to the parties designated in the procedures outlined below. The Association can be present for all steps of date that such grievance was submitted at Step Iof the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of The time limits specified in this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits Article may be extended upon good cause shown, or by mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepagreement.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 1. This procedure is intended to be the sole and exclusive method for resolving disputes concerning this Agreement, and it is the intent of the parties to resolve such issues at the lower administrative level. No unit member shall be subject to interference, restraint or retaliation for exercising his/her rights under this procedure. Unit members and District representatives shall mutually cooperate with respect to the investigation of any matter relating to acts or omissions which may have an effect on the District, its operations or its employees. The time limits contained in this procedure are mandatory, and may not be waived, except in writing. The filing of a timely grievance, or a timely appeal to the next stage, shall be a condition precedent to the right of the Association or any teacherunit member to continue the grievance. The failure of the District to communicate its decision within the time limits shall allow the Association or unit member to appeal to the next stage, believing there has as if the decision had been communicated on the last available day.
2. A grievance is defined as a claimed violation, misinterpretation misinterpretation, or misapplication of any provision of this Agreement.
3. A unit member having a grievance shall have the right to discuss the matter and attempt informal resolution with his/her supervisor, with or without Association representation, prior to the time such grievance is formally filed in writing. This informal resolution is not required, and it does not excuse a failure to follow required time limits.
4. A written grievance must be filed within thirty (30) calendar days of its occurrence, or the grievance shall be deemed waived and shall not be further processed. The written grievance should be filed with the building principal, and a copy should be provided to the Assistant Superintendent for Personnel & Labor Relations.
5. The building principal will investigate the matter and will provide the unit member with a written answer within thirty (30) calendar days of the submission of the written grievance. If the unit member is not satisfied, he/she may appeal the grievance in writing to the Superintendent of Schools, with a copy for the Assistant Superintendent for Personnel & Labor Relations, provided the appeal is made within fifteen (15) calendar days after the building principal’s decision.
6. The Superintendent will review the matter and issue a decision within fifteen (15) calendar days. The Superintendent’s decision will be made in writing. Both the Superintendent’s written decision and the Association’s written grievance record will be forwarded to the Board of Education.
7. If this decision is not acceptable to the unit member, it may be appealed to binding arbitration, utilizing the procedures of the American Arbitration Association (AAA), with the following conditions and limitations:
A. The written consent of the Association must be obtained.
B. A copy of the demand for arbitration must be filed with the Assistant Superintendent for Personnel & Labor Relations and AAA within fifteen (15) calendar days of the Superintendent’s decision.
C. Unless provided for elsewhere within this Agreement, no matter involving the discipline or termination of a unit member may be submitted to arbitration; any claim regarding such matters shall be subject only to any procedures and remedies otherwise provided by law.
D. The Arbitrator shall have no authority to modify the Agreement or to issue any decision not in accordance with applicable laws, rules and regulations.
E. The fees and expenses of AAA and the Arbitrator shall be shared equally by the parties, and all other expenses shall be borne by the party incurring them.
8. All grievances shall be processed so as not to interfere with the work responsibilities of unit members, and all grievance hearings will be held outside of regular working hours, except by mutual consent, without additional compensation. In the case where a grievance is alleged to affect a class or group of employees, the Association may file a the grievance directly with the parties designated Assistant Superintendent for Personnel & Labor Relations. The Assistant Superintendent for Personnel & Labor Relations may meet with the Association representatives on an informal basis, but in any case will respond in writing within thirty (30) calendar days of receiving the procedures outlined belowwritten grievance. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustmentwill then proceed as in step 5 above.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. A. A grievance shall be an alleged violation of the expressed terms of this Contract.
B. The Association or any teachershall designate a representative to handle grievances when requested by the grievant.
C. The term "days" as used herein shall mean days in which school is in session except grievances filed near the end of the school year in which case "days" shall mean calendar days, believing there has been a violationexcluding Saturdays, misinterpretation or misapplication Sundays and holidays.
D. The number of days indicated at each level may be waived by mutual written consent of the Board representative and the grievant.
E. The following matters shall not be the basis of any provision of grievance filed under the procedure outlined in this Agreement may file a grievance with the parties designated in the procedures outlined belowArticle:
1. The Association can be present discharge or non-renewal of a probationary employee.
2. Any claim or complaint for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and which there is another remedial procedure or forum established by law or by regulation having the force of law.
F. All grievance procedures and investigations by the Association will be processed during times which do not interfere with assigned duties.
X. Any individual employee at any time may present grievances to his/her employer and have the grievances adjusted without intervention of the AssociationAssociation representative, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining Contract or Agreement then in effect and if the Association representative has not been given denied the opportunity to be present at in such adjustment.
A. All time herein shall consist of school days. Time limits X. A grievance may be extended upon good cause shown, or mutual consent filed by the President of the partiesAssociation when it is felt that an alleged violation has occurred that affects the Association. This type of grievance will begin at Level Two.
I. Back pay adjustment where applicable will be limited to the date the grievance was filed in writing, and to the amount actually lost, with deduction of all sums earned during the back pay period. The Board will have no liability for any special compensation claims.
X. The sole remedy available to any employee for any alleged breach of this Agreement or any alleged violation of his/her rights hereunder will be pursuant to the grievance procedure; provided, however, that nothing contained herein will deprive any employee of any legal right which he/she presently has, provided that if an employee elects to pursue any legal or statutory remedy, such election will bar any further or subsequent proceedings for relief under the provisions of this Article.
K. In the course of investigation of any grievance, representatives of the Association will report to the principal of the building being visited and state the purpose of the visit immediately upon arrival.
L. Every effort will be made to avoid the involvement of students in all phases of the grievance procedure.
M. The written grievance shall be on a form prepared and supplied by the Board (Appendix A) which will provide for the following:
1. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure signed and dated by the grievant to conform or grievants;
2. It shall be specific;
3. It shall contain a synopsis of the facts giving rise to the time limits herein provided alleged violation;
4. It shall mean the grievance has been dropped. Failure by the Board or its representatives to conform be specific as to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant PrincipalArticle, Principal, Assistant Superintendent, SuperintendentSection, or Secretary Sub-sections, of the Board contract alleged to have been violated;
5. It shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of contain the date of its receiptthe alleged violation;
6. It shall specify the relief requested.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. Step No (Company following this meeting. (Arbitration) Failing agreement by the Plant Committee and the Company the grievance may referred to arbitration and any notice of appeal must be filed with the Company within fourteen (14) calendar days of receipt of the Company's disposition under With the service of notice of appeal to arbitration, the party appealing shall include a list more than three (3) persons proposed by it to be Arbitrator. If the other party does not agree to any of the persons proposed, such party shall within five calendar days following receipt of such notice of appeal, submit a second list of not more than three (3) persons proposed by it to be Arbitrator. If the parties cannot agree on Arbitrator from either list within a period calendar days following receipt ofthe second the party appealing shall within ten calendar days thereafter, request the Minister of Labour ofthe Step No. (Arbitration) Continued Province of Ontario to appoint Arbitrator. Persons proposed or appointed as Arbitrator shall in no way have been directly involved in attempts to negotiate or settle the grievance. With the selection or Arbitrator, a meeting shall be conducted as soon as possible to hear the and presentationofboth parties, with the intention that a decision shall rendered promptly, but not later than fourteen (14) calendar days, or such Arbitrator deem necessary, after the conclusion ofthe hearing The Association decision ofthe be and binding on both parties to this Agreement. The Arbitrator shall not to alter or change any teacher, believing there has been a violation, misinterpretation or misapplication of any provision the provisions of this Agreement may file a grievance with the parties designated nor to any new provisions in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed lieu thereof, nor to prevent give any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not decision inconsistent with the terms and provisions of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits The Arbitrator may be extended upon good cause shown, or mutual consent make on any grievance arising out of the partiesinterpretation or applicationof Agreement, but in matters ARTICLE8 CONTINUED GRIEVANCE PROCEDURE (Arbitration) Continued involving pay awards such awards shall not exceed the provisions outlined in Subsection Each hereto shalljointly bear the expense ofthe Arbitrator. It is understood that Complaints and grievances not appealed from the disposition of the Company’s representatives in any of the steps ofthe complaint and grievance within the time limits set forth and in the manner specified herein or agreed upon shall be considered as substantive. Failure by the grievant to conform having been adjusted to the time limits herein provided satisfaction ofthe employee and the Union on the basis of the disposition last made and shall mean not be eligible further appeal. Any grievance involving the grievance interpretationor applicationofthis Agreement, which has been dropped. Failure by disposed of hereunder, shall not be made the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepsubject of another grievance.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association 48.1 A grievance is any dispute over the application or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision interpretation of this Agreement Agreement, including the arbitrability thereof. Grievances shall be settled in the following manner:
48.2 Grievances may be filed either by a member of the bargaining unit or by the Union through its President and/or such other officers which the Union designates as officers with that authority, provided, however, that a member of the bargaining unit may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting alleging a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms violation of this Agreement, or advance any such grievance to the next step in this grievance procedure, only with the consent of the Union through its President and/or such officers which the Union designates as officers with that authority.
48.3 Grievances shall specify the section of this Agreement that is alleged to have been violated, the facts giving rise to the alleged violation, and the remedy requested for the alleged violation. The City may reject a grievance which fails to comply with these requirements; however, grievances may be amended and resubmitted at any time before Step III of this grievance procedure, provided that the bargaining representative has been given opportunity to be present at such adjustmentamendment does not materially change the substance of the grievance.
A. All 48.4 The purpose of the time herein shall consist limits in this grievance procedure is to hasten the resolution of school daysgrievances. Time These time limits may only be extended upon good cause shown, or mutual consent of modified by agreement between the parties. It is understood that In the event the Chief of Department or Director of Employee Relations fails to provide the Union with a response to a grievance filed by the Union within the time limits set forth herein or agreed upon specified herein, the grievance shall be considered as substantivedeemed to have been denied on the last day for the provision of such response and the Union may advance the grievance to the next step in the grievance procedure. Failure by In the grievant event the Union fails to conform advance a grievance to the next step in the grievance procedure within the time limits herein provided shall mean specified herein, the grievance has will be deemed to have been droppedwithdrawn. Failure by Any time limit concerning grievances that expires on a weekend or a holiday set forth in this Agreement shall expire instead on the Board or its representatives to conform to next business day.
48.5 A grievance should be filed at the time limits shall mean lowest step in the grievance is automatically advanced procedure in which the City’s representative would have the authority to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary make a final and binding resolution of the Board shall note date and time of day when grievance complaint is received by him/hergrievance. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any yearat a step in the grievance procedure which the City deems inappropriate, and strict adherence the City’s representative with whom the grievance was filed shall remand the grievance to the time limits may result in hardship to any party, the Board appropriate step. The City shall use its best efforts to process such grievance provide 24-hours’ notice prior to the end meeting with a member of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For bargaining unit for the purpose of this articleresolving a grievance at Step I or Step II of the Grievance Procedure. The City shall advise the member of their right to have a Union representative present at any such meeting.
Step I. If a dispute cannot be informally resolved between a member of the bargaining unit and his or her immediate supervisors, non-teacher hours the member may with the approval of the Union’s President and/or such other officers which the Union designates as officers with that authority, submit a grievance in writing to the member’s immediate supervisor within thirty (30) days of either the alleged violation or the date the grievant might reasonably have been expected to have learned of the alleged violation. The supervisor shall mean attempt to adjust the time before school begins grievance and shall
Step II. If a grievance initiated by either a member of the bargaining unit or the Union is not settled at Step I, or a member’s immediate supervisor would not have the authority to make a final and binding resolution of the grievance, the grievance shall be submitted to the Chief of Department, within fifteen (15) calendar days of the last date for teachers the Step I response. The Chief shall provide a written response within fifteen (15) calendar days of receipt of the Step II grievance.
Step III. If the grievance is not settled at Step II, or the Chief of Department would not have the authority to make a final and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between binding resolution of the parties.grievance, the grievance shall be submitted to the Director, Employee Relations within fifteen
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE PROCEDURE. The Association A grievance by a teacher or a group of teachers shall be defined as any teacherdifference arising out of the interpretation, believing there application, administration, or alleged violation of the Agreement.
(a) An aggrieved group of teachers shall be defined as two or more teachers governed by the official agreement who share a common grievance, as alleged, and wish to avail themselves of the procedure set out herein. An aggrieved group of teachers shall choose one of their number to represent their interests and to pursue the grievance and become the in their name so that the procedure hereinafter detailed may be followed as though it were a grievance by an individual. An aggrieved group of teachers shall abide by the result of the grievance procedure set out herein and every member of the aggrieved group of teachers, for the particular grievance, shall be bound by the results of the grievance procedure as it has been a violation, misinterpretation or misapplication pursued by the representative of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the partiesgroup. It is understood felt that most problems can be solved satisfactorily at to be contacted in various areas: Problem related to contract Director of Education or Superintendent Salary and/or position on salary schedule Supervisor of Accounting of Business and Supervision or transportation Principal Supervisor of Accounting Director of Education or Superintendent Page Principal Supervisor of Accounting Director of Education or Superintendent Sick leave credits Principal Supervisor of Accounting Superintendent of Business and Finance Other clauses within agreement Principal Director of Education or Superintendent The aggrieved Teacher or aggrieved group of Teachers may choose to proceed directly to the time limits set forth herein or agreed upon grievance procedure. In order that grievances may be settled as fairly and as promptly as possible, the following procedure shall be considered as substantive. Failure by the grievant to conform adhered to: The aggrieved submit to the time limits herein provided Teacher or aggrieved group of Teachers shall mean Superintendent of Schools a concise written statement of the grievance has been dropped. Failure by and the Board or its representatives to conform to redress sought within ten teaching days from the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary date of the Board occurrence giving rise to such grievance. The Superintendent shall note date and time reply in writing within ten teaching days of day when grievance complaint is received by him/herthe receipt of the above-mentioned letter. If a dispute meeting i s held between the Teacher and the Superintendent, the Teacher shall arise as have the right to date on which said appeal was taken, such notification be accompanied by a member of the executive of affiliate. The Teacher shall reply within ten teaching days of receipt of the Superintendent's letter if wishes to proceed to Step
(a) If a satisfactory settlement is not reached under Step the aggrieved Teacher or aggrieved group of Teachers may request the local unit executive of affiliate to refer the action shall be conclusive evidence taken within ten teaching days of the date of impasse under Step The Board will render its receipt.
C. In decision after the event a grievance is filed after May 15 of any year, Committee and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacherBoard's lunch period - as mutually agreed upon between the parties.Negotiations Committee meet within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 11.01 The Association Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.
11.02 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) calendar days before the filing of the grievance.
11.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows:
a) The aggrieved employee shall submit his/her grievance in writing to the Union Grievance Committee. The Union Grievance Committee shall then present the grievance in writing to the Department Head and/or the Administrator. If a settlement satisfactory to the employee and/or the Union Grievance Committee is not reached within five (5) working days, excluding Saturday and Sunday, or any teacherlonger period which may be mutually agreed upon, believing there has been the grievance may be presented as follows:
b) The Union Grievance Committee, after having completed the procedure set forth in Step (a) hereof, may present the grievance to the Manager, Human Resources for the County who shall arrange a violation, misinterpretation or misapplication meeting within ten (10) working days of any provision the receipt of this Agreement may file a grievance request from the Union with the parties designated appropriate Committee of Council to consider the grievance. At this state the aggrieved employee may be accompanied by a representative of the Union if his/her presence is requested by either party.
c) If final settlement of the grievance is not completed within seven (7)calendar days after deliberations have commenced between the Union Grievance Committee and the appropriate Committee of Council, and if the grievance is one which concerns the interpretation of alleged violation of the Agreement, the grievance may be referred by either party to the Board of Arbitration as provided herein at any time within 21 days thereafter, but not later.
11.04 Replies to grievances shall be in writing at all times.
11.05 Grievances settled satisfactorily within the procedures outlined below. time allowed shall date from the time that the grievance was filed.
11.06 The Association can Corporation shall supply the necessary facilities for the grievance meetings.
11.07 Where dispute involving a question of general application or interpretation occurs or where a group of employees or the Union has a grievance, such a question or grievance may be present directly submitted to the appropriate Committee of Council for all consideration and any prior steps of the Grievance Procedure. Nothing contained herein shall Procedure may be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustmentbypassed.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the 11.08 The time limits set forth herein or agreed in the Grievance Procedure may be extended at any time upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary mutual agreement of the Board shall note date Corporation and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receiptUnion.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with For the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms purpose of this Agreement, provided that a grievance is defined as a difference arising between the bargaining parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. If an employee or employees has or have any grievance, which they wish to take up with the Employer, it shall be heard without undue delay in the following manner: STEP The grievance of the employee shall be stated in writing and be presented to the Plant Manager who will state their decision in writing within two (2) working days of receiving the complaint. If the decision of the Plant Manager is not acceptable to the employee, the xxxxxxx or a duly authorized Representative of the Union may proceed to Step STEP The Union xxxxxxx and the Manager or their designate shall meet to discuss the grievance not later than ten working days after receipt of the Plant Manager's written decision. The Union shall have the right to have a duly authorized representative has been given opportunity to be of the Union present at such adjustment.
A. All this meeting. The Manager or their designate shall render a decision in writing within two (2) working days after the close of the meeting. If the grievance is not then settled, then at the request of either party to this Agreement, the grievance may proceed to Step If a settlement of the grievance is not then reached, it may then be dealt with by Arbitration as set forth in Article of this Agreement. Such Arbitration proceedings must be commenced by the aggrieved party within thirty (30) days after the completion of Step above unless an extension is mutually agreed upon by both parties. Any time herein shall consist of school days. Time limits in the grievance or arbitration proceedings may be extended by mutual agreement in writing Any employee who has acquired seniority standing and has been discharged by the Employer shall have the right, upon good his request and without pay, to submit the circumstances to the Shop Xxxxxxx for a reasonable period of time before leaving the premises. Permission by the Employer shall not be unreasonably withheld. During the probationary period, an employee shall be considered as being employed on a trial basis and may be disciplined or dismissed by the Employer in its sole discretion. Probationary employees may grieve that their discipline or dismissal was not for just cause. For the purpose of this Article and Agreement, the standard for disciplining or discharging a probationary employee is as follows:
a) Just cause shownfor discipline or dismissal of a probationary employee exists where the Employer's decision was not made arbitrarily, in bad faith or mutual consent discriminatorily. The Union shall have the right to initiate a grievance of a general nature at Step of the partiesgrievance procedure. Saturday, Sunday, plant holidays, statutory holidays and the plant vacation period shall not be included in any time limits in this section of the Agreement. It is understood that the time limits set forth herein or agreed upon Employer may file a written grievance in accordance with this article and such written grievance shall be considered provided to the designated union representative and the chief xxxxxxx and shall be filed at Step of the grievance procedure within ten working days of the occurrence giving rise to the grievance or from when the occurrence ought reasonably to have become apparent. ARTICLE -ARBITRATION Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as substantive. Failure by to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated either of the grievant parties may, after exhausting the grievance procedure, notify the other party in writing of its desire to conform submit the differences or allegations to Arbitration within the time limits herein provided shall mean the grievance has been droppedreferred to above. Failure by the Board or its representatives At this time both parties will attempt to conform come to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/heragreement on selecting a single arbitrator. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event the parties are unable to agree on a grievance is filed after May 15 single arbitrator the Minister of Labour shall be asked to appoint one. The cost and expenses of the Arbitrator and the meeting room shall be shared equally by the Union Employer. Any other costs and expenses incurred in preparation for, or for representation at, such Arbitration shall be borne by the party which incurs the same. No arbitrator appointed hereunder shall alter, add to, subtract from, modify or amend any year, and strict adherence part of this Agreement. The decision of the Arbitrator may include a direction to the time limits may result in hardship parties to any party, the Board shall use its best efforts do or abstain from doing anything necessary or appropriate to process such grievance prior give to the end true intent and meaning of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekdecision.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association Any difference between the employer and the union involving the meaning or any teacher, believing there has been a violation, misinterpretation or misapplication application of any the provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting constitute a grievance and having shall be taken up in the manner set forth in this section. Grievance need not be considered unless the aggrieved party serves upon the other party a written statement setting forth the facts constituting the alleged grievance. For a discharge case grievance, such notice must be served with ten (10) days from the date of discharge. Such written statement concerning any other type of grievance adjusted without intervention must be served within fifteen (15) days of its occurrence or the Association, if discovery therefore by the adjustment is not inconsistent with the terms of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the partiesaggrieved party. It is understood the intent of the parties that reasonable diligence is used in the discovery and reporting of alleged grievance so that they may be adjusted or dismissed without undue delay. The employer and the union agree to use their best endeavors by informal; conferences between their respective representatives to settle any grievance within ten (1 0) days after service of such written statement. If not settled within such time, either party may service written demand upon the other that the time limits set forth herein or agreed upon shall grievance be considered as substantive. Failure by submitted to arbitration, Notwithstanding the grievant foregoing either party may request prior to conform arbitration mediation pursuant to the time limits herein provided shall mean the grievance has been droppedmediation language stated below. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her"Mediation. If during the period that the parties can meet, no decision is reached, either party can request the use of nonbinding mediation as a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence means of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance settling disputes prior to the end of the school term or as soon thereafter as possiblearbitration. During summer recess, school days shall be counted as Within five (5) school working days per calendar week.
D. Grievances arising under this article of the receipt of the mediation request, the Parties shall meet to discuss submitting the dispute to mediation. The use of mediation is entirely voluntary; recommendations of the mediator are non-binding. Federal Mediation and Conciliation Services ("FMCS") shall be processed the permanent mediator whose function it will be to hear the contentions of the Parties, review pertinent and documentary evidence, and provide the Parties with recommendations on how the dispute should be resolved. The mediator's recommendation shall be given orally. No evidence regarding mediation efforts with the mediator's recommendation shall be introduced into any arbitration, judicial or administrative proceedings, whether state or federal. If there is no agreement to mediate or if during non-teacher hours. For the purpose period of this articlenon binding mediation the parties do not agree on the mediator's recommendations, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.either may within five
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association or any teacher, believing there has been a violation, misinterpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms For purposes of this Agreement, provided that a grievance is defined as a difference arising between the bargaining representative has been given opportunity parties to the inter application, administration or allege violation Fo the A including any question as to whether a matter is At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be present represented by her nurse representative. In the case of suspension or discharge, the Hospital shall notify the nurse of this right in advance. e It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is un- derstood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her com- plaint. Such complaint shall be discussed with her immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or reasonably to have come to the attention of the nurse and ailing settlement within nine calendar days, it shall then be taken up as a grievance within nine calendar da ate supervisor’s decision in t following advice of her immedi- following manner and sequence: The nurse may submit a written by the nurse, to her immediate supervisor. on a form referred to in Article and shall the nature of the grievance and theremedy sought and should identify the pro- visions of the Agreement which are alleged to be violated. The immediate will deliver in writing within nine calendar days following the day on which the grievance was presented to her. Failing settlement, then: Within nine calendar da following the decision under Step No. t e nurse may the written grievance to the Director of Nursing or her designate who will deliver her decision in within nine calendar from the date on which the grievance was to her. The parties may, if they so desire, meet to discuss the grievance at such adjustment.
A. All a time herein shall consist of school daysand place suitable to both parties. Time limits Failing settlement, then: Within nine calendar days following the decision in Step No. the grievance may be extended upon good cause shown, submitted in writing to the Hospital Administrator or mutual consent her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance Committee within nine calendar days of the submission of the at Step No. 3 unless ex- tended by agreement o3 the parties. It is understood and agreed that a representative of the Ontario Nurses’ Association and the may be present at the meeting. is further understood that the time limits set forth herein Hospital Administrator or agreed upon her designate may have such counsel and assistance as she may desire at such meeting. The decision of the Hospital shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of delivered in writing within nine calendar-days following the date of its receiptsuch meeting. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within four- teen calendar days after the circumstances giving rise to the have occurred or reasonably to have come to t attention of the nurse(s). T grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
C. In (a) confirming the event Hospital’s action in dismissing the nurse; or reinstating the nurse with or without loss of seniority and by any other arrangement which may be deemed just and equitable. The Hospital agrees to provide written reasons within seven calendar to the affected nurse in the case of further agrees that it will not suspend, charge or otherwise discipline a grievance is filed after May 15 nurse who has completed her period, without just cause. procedure of any yeargriev- the interpretation, A application, administration or alleged violation of this including any question as to whether a matter is such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen calendar days after the deci- sion under to have been a No. 3 is given, the grievance shall be deemed Where such a written request is marked within sixteen calendar xx x after the decision under Step No. it will be deemed to been received within the time limits. All agreements reached under the grievance be- tween the representatives of the Hospital and t of the Association will be final and binding upon the Hospital and the Association and the nurses. Association grievances shall be on the form set out in Appendix When either party requests that any matter be submitted to re A in the fo arbitration as provided rticle, it shall make such request in writing other party to this Agreement, and strict adherence to at the same time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possiblename a nominee. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.Within
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 11.01 A grievance may arise only from a dispute concerning the interpretation application administration or alleged violation of this Collective Agreement. Should a grievance arise it shall be handled in accordance with the following procedure:
Step 1 The Association employee, together with his Xxxxxxx shall take the matter up with his Immediate Supervisor. The Immediate Supervisor shall give his decision within three (3) working days from the date of the receipt of the grievance.
Step 2 If the Immediate Supervisor does not settle the matter to the satisfaction of the employee, it shall be taken up by the Union Committee with Operations Manager in writing within a further three (3) days from receipt of the answer in Step 1 and a decision rendered in writing within five (5) working days from receipt of the grievance Step 3 The Unifor National Representative and or any teacherlocal 333 President, believing there the Bargaining Unit Chairperson, Xxxxxxx and employee will meet with the Operations Manager.
11.02 A claim by an employee that has been unjustly discharged or suspended will be treated as a violationgrievance, misinterpretation or misapplication of any provision of this Agreement may file provided that he files a written grievance with the parties designated in Operations Manager within three (3) working days after his discharge, or suspension. In such cases the procedures outlined belowFirst Step of the regular grievance procedure will be omitted.
11.03 As a procedural right, a Union Xxxxxxx will be present at a meeting with an employee when an employee is to be formally disciplined unless no Xxxxxxx is reasonably available. In such a case a meeting will be arranged with the Xxxxxxx and the employee as soon as possible unless waived by the Union. The Association can Company will supply the Union with a copy of any written warning or reprimand issued to an employee.
11.04 A Company grievance may be present for taken up with the Union between the Management and the Union Committee, in all steps of cases the Grievance Procedure. Nothing contained herein Union's decision regarding same will be given in writing and failing satisfactory settlement the grievance shall be construed subject to prevent any individual teacher from presenting a the arbitration procedure. A Union grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent may similarly be taken up with the terms Company on matter of this general nature relating to the Collective Agreement, provided that such grievance cannot be otherwise brought forward as the bargaining representative has been grievance of an employee or group of employees pursuant to the Provisions of Article 11.01 herein. The Company’s decisions in such cases shall be given opportunity in writing and failing satisfactory settlement the grievance shall be subject to be present at such adjustmentthe arbitration procedure.
A. All time herein shall consist of school days. Time limits may 11.05 Any incident resulting in suspension enacted in the afternoon or night shift will be extended upon good cause shown, or mutual consent dealt with at a meeting of the parties. It is understood that Operations Manager and the time limits set forth herein or agreed upon Union in the first day shift following the incident, providing all parties are available.
11.06 An employee’s discipline record shall be considered as substantivecleared after twelve (12) months. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been droppedThis is not for absenteeism, alcohol and drugs. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepAll other discipline will be removed from an employee’s record after twelve (12) months.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar week.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of this article, non-teacher hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. The Association A. Grievances are defined as any dispute concerning the interpretation or any teacher, believing there has been a violation, misinterpretation or misapplication application of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms of this Agreement.
B. Any grievance shall be presented to the University in the following manner, provided that and every effort shall be made by the bargaining representative has been given opportunity Association and the University to secure a prompt disposition of such grievance:
Step 1. If an employee believes they have a grievance involving a violation of this Agreement, they may discuss this with their immediate supervisor. If the employee desires, they may ask to be present at such adjustmentaccompanied by the Association Xxxxxxx. Such grievance shall be presented within seven (7) calendar days from the date on which the alleged infraction giving rise to the grievance occurred.
A. All Step 2. If a grievance is not satisfactorily settled by the employee's immediate supervisor, the Association Xxxxxxx shall reduce the grievance into writing and present same to a representative designated by management no later than ten (10) calendar days after the violation was discussed in STEP 1. The designated management representative will schedule a meeting to discuss this grievance at the place of employment during regular business hours no later than ten (10) calendar days after receipt of the written grievance. The Association Xxxxxxx, the grievant(s) and the designated management representative will attempt to resolve the grievance at this point. The designated management representative will render a written decision in either case within ten (10) calendar days following the STEP 2 grievance meeting.
Step 3. If the grievance is not satisfactorily settled by the designated management representative, the Association Xxxxxxx shall within ten (10) calendar days notify in writing the Department Head of the Office of Human Resources that they wish to have a conference to discuss said grievance. This STEP 3 grievance conference shall be held within ten (10) calendar days of receipt of the Association Xxxxxxx'x request. The Department Head of the Office of Human Resources or their designee will render a written decision within ten (10) calendar days after said conference.
Step 4. If the decision of the Department Head of the Office of Human Resources or their designee is not satisfactory to the Association, the President of the Association must notify the Department Head of the Office of Human Resources of the Association's desire to refer said grievance to arbitration. Such notice must be received no later than thirty (30) calendar days following the decision of the Department Head of the Office of Human Resources or their designee.
C. The time herein shall consist of school days. Time limits contained in this Article may be extended upon good cause shown, or by mutual consent of agreement between the parties. It is understood that the time limits set forth herein or agreed upon shall be considered as substantive. Failure by the grievant to conform to the time limits herein provided shall mean the grievance has been dropped. Failure by the Board or its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next step.
B. The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board shall note date and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence without precedent being established thereby; however, should any grievance not be resolved within ninety (90) days of Step 1, said grievance may then, without prejudice, be submitted to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as five (5) school days per calendar weekarbitration.
D. Grievances arising under this article shall be processed during non-teacher hours. For the purpose of processing grievances pursuant to this articleArticle, non-teacher hours the University agrees to recognize one (l) Shop Xxxxxxx from each shift. The Association agrees to inform the Department Head of the Office of Human Resources in writing of the names of Shop Stewards and the shifts they represent, and to supplement this information if changes are made.
E. The University will make available to the Association requested information that is necessary and relevant to the Union’s processing of the grievance.
F. Findings of responsibility for Title IX Sexual Misconduct under the University’s Sexual Misconduct Policy may not be challenged under this Article, though an employee may grieve the level of discipline or discharge resulting from such a finding. The just cause provisions of Article 3 and 7 shall mean not apply to any findings of responsibility for Title IX Sexual Misconduct under the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesUniversity’s Sexual Misconduct Policy.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. The Association (a) Any complaint, disagreement or any teacherdifference of opinion between the Employer, believing there has been a violationthe Union or the employees covered by this Agreement, misinterpretation which concerns the interpretation or misapplication of any provision of this Agreement may file a grievance with the parties designated in the procedures outlined below. The Association can be present for all steps application of the Grievance Procedure. Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance terms and having the grievance adjusted without intervention of the Association, if the adjustment is not inconsistent with the terms provisions of this Agreement, provided that the bargaining representative has been given opportunity to be present at such adjustment.
A. All time herein shall consist of school days. Time limits may be extended upon good cause shown, or mutual consent of the parties. It is understood that the time limits set forth herein or agreed upon shall be considered a grievance. Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within thirty (30) days following the event giving rise to such grievance shall be forfeited and waived. This provision shall not be used to deny any employee his or her rights of fair representation.
(b) The Steps of the Grievance Procedure shall be as substantivefollows:
STEP I The employee, with or without the Shop Xxxxxxx, shall take his grievance up with the Xxxxxxx or Supervisor. Failure The Employer shall take up his grievance with the employee concerned who shall have the right to have the Shop Xxxxxxx present.
STEP II Should a solution not be reached by Step I, then a Representative of the Union, accompanied by the grievant to conform to employee and the time limits herein provided Shop Xxxxxxx if the Union wishes, shall mean discuss the grievance has been dropped. Failure by matter with Management.
STEP III The party desiring Arbitration shall appoint a member for the Board or and shall notify the other party in writing of its representatives to conform to the time limits shall mean the grievance is automatically advanced to the next stepappointment.
B. STEP IV The Assistant Principal, Principal, Assistant Superintendent, Superintendent, or Secretary of the Board Arbitrators so appointed shall note date confer to select a third person to be Chairman and time of day when grievance complaint is received by him/her. If a dispute shall arise as to date on which said appeal was taken, such notification shall be conclusive evidence of the date of its receipt.
C. In the event a grievance is filed after May 15 of any year, and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. During summer recess, school days shall be counted as failing for five (5) school days per calendar weekfrom 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.
D. Grievances arising under this article (c) Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be processed during nonchosen to act in the same capacity and having the same powers as a Board of Arbitration.
(d) 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. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman.
(e) Any discharged or suspended employee, within seventy-teacher hourstwo (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. For In the purpose event of this articleany dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, nononly the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-teacher two (72) hours shall mean the time before school begins for teachers and after school ends for teachers and during a teacher's lunch period - as mutually agreed upon between the partiesto be exclusive of Saturdays, Sundays or General Holidays.
Appears in 1 contract
Samples: Collective Agreement