Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE PROCEDURE. An Any dispute, grievance or misunderstanding (hereinafter called “grievance”) involving oc- cupational classification, wages, the Industrial Relations Plans, seniority, hours of work or other working conditions which any employee who has or group of employees may desire to discuss and adjust with the Company, shall be handled in accordance with the provisions of this Ar- ticle. While an employee may discuss a concern or complaint regarding grievance with his xxxxxxx at any time, a request for retroactive adjustment need not be entertained by the application or interpretation of Company unless the Collective agreement shall first address grievance is pre- sented in writing their concern or complaint with their Immediate supervisor within five (5) working thirty days of the occurrence date of the incident which gave Rise rise to the matter in disputegrievance. Any grievance shall be deemed to have been withdrawn if, after a written decision has been given at any step, more than thirty days have elapsed before the grievance is carried to the next step. The supervisor employee shall address first take up his grievance directly with the xxxxxxx of his department. If the matter is not resolved xxxxxxx, it shall be handled as follows: Step 1 The employee may report the matter to the xxxxxxx designated to represent his group, who, together with the employee may take up the matter with the xxxxxxx and respond shall at the same time present to the xxxxxxx a written summary of the grievance. If the written decision of the xxxxxxx does not settle the matter to the satisfaction of the employee or three regularly scheduled working days of the employee have elapsed since the griev- ance was submitted under the provisions of this step, the employee and the xxxxxxx may: Step 2 Submit the grievance to the appropriate Man- ager or his appointee. If the written decision of the Manager or his appointee does not settle the matter to the satisfaction of the employee or fourteen days have elapsed since the grievance was submitted under the provisions of this step, the xxxxxxx may: Step 3 Submit the grievance in writing to the Employee’s complaint within two (2) working daysUnion Bargaining Committee which may bring the matter to the attention of the Site Manager by presenting to him or his appointee the written statement of the grievance. Provided an employee has first discussed The Union Bar- gaining Committee may then discuss the concern or complaint with their immediate supervisor and is dissatisfied griev- ance with the supervisor’s response, Site Manager or his appointee at a time to be agreed upon. If the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation decision of the Agreement. All grievances will clearly specify Site Manager or his appointee does not settle the circumstances or events giving rise matter to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days satisfaction of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date Bargaining Committee or six weeks have elapsed since the grievance was submittedsubmitted under this step, the provisions of Article XIII may be invoked. The supervisor All decisions arrived at by agreement between the Site Manager or his appointee and the Union Bargaining Committee with respect to any grievance shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request made in writing that 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 grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.Com- pany ⚫

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation 9.01 The parties agree that it is of the Collective agreement utmost importance to resolve complaints and grievances as quickly as possible. 9.02 It is generally understood that an employee, or group of employees have no complaint or grievance until he, either directly or through the Union, has first given his immediate supervisor an opportunity to resolve the complaint. He shall first address in writing their concern discuss it with his immediate supervisor or complaint with their Immediate supervisor a department manager within five three (53) working days event days/shifts worked after the grievor has become aware of the occurrence circumstances giving rise to the complaint have originated or occurred. Failing settlement it may then be taken up as a grievance within three (3) event days/shifts worked by the grievor following advice of the incident which gave Rise immediate supervisors or department managers’ decision in the following manner and sequence. 9.03 Should any difference arise between MLSE and any employee as to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify Agreement that cannot satisfactorily be resolved pursuant to Article 9.02, an xxxxxxx effort shall be made to settle such a difference in the following manner: 9.04 The grievance shall be submitted in writing on the Union’s normal form by the employee to a department Manager within three (3) event days/shifts worked by the grievor after the grievor has become aware of the circumstances or events giving rise to the grievance complaint. The Manager shall hold a meeting with the employee and a Xxxxxxx within two (2) event days/shifts worked by the clause or clauses alleged grievor and shall communicate his position to have violatedthe employee within two (2) working days/shifts of such meeting. 7.01 Grievances shall be dealt with in 9.05 If the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision matter is not settled, then within five (5) working days of their Manager’s reply, the meeting. STEP II: Union Business Agent may request a meeting with the Director, Labour Relations, or a person or persons designated by him to handle such matter at Step 3. The Director, Labour Relations, or his designate, shall schedule a meeting to be held within two (2) weeks after he receives notification from the Union that such meeting is desired. If the union considers that a satisfactory settlement has matter is not been reached disposed of at Step Isuch meeting, it mayand if the Union wishes to proceed to arbitration, the Union shall, within five ten (510) working days of following the receipt of the reply of the Director, Labour Relations, or his designate, at Step I reply, submit 3 deliver to MLSE a written request for a meeting which will be held within five (5) working days notice in writing stating that it wishes to take the matter to arbitration in accordance with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetingprocedures established in Article 10. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has 7.1 Inthe event of a concern or complaint regarding the application or interpretation dispute between any member of the Collective agreement shall first address in writing their concern Bargaining Unit or complaint with their Immediate supervisor within five (5) working days any group of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responsemembers ofthe BargainingUnitandthe Company, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretationinreferencetotheapplication, applicationadministration, administration interpretation or alleged violation of this Agreement, thefollowing shall bethe procedure for the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance adjustment and the clause or clauses alleged to have violated.settlement thereof: 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within Step 1 - Within ten (10) working days following the events or knowledge by the employee of the response to events on which the supervisor. STEP I: grievance isfounded orwhich gave risetothe grievance, the employee maytake the matter up with his Department Head or hisdesignee bypresenting the grievance inwriting. The employee assisted by a Union Xxxxxxx shall meet to discuss maybe accompanied orrepresentedbyamember ofthe Grievance Committee. The Department Headorhisdesigneeshallreplyinwritingwithinten (10) workingdaysofthepresentation of the grievance. Failingasettlement of the grievance with the employee’s immediate supervisor within five or areply, theemployee mayproceedto Step Step 2 - Withinfive (5) working days following from the date expiration of the grievance was submittedten (10) day period referred to in Step 1, the Grievance Committee, comprising uptotwo (2) employees andarepresentative ofthe Union, ifso desired, may takethe matterupwiththe applicable Station/Sales Manager in Sydney, Cape Bretonor Moncton, New Brunswick or hisdesignee. The supervisor written grievance andreply, if anycompleted in Step 1, must bepresented. The Station/Sales Manager or hisdesignee shall render a written decision reply inwriting within five seven (57) working days daysfromthe presentation ofthegrievance under Step2. Step 3 - If final settlement of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was grievance is not reached at Step II2, it may within five the dispute shall be referred to the Director Human Resourcesandthe UnionRegionalOfficerepresentativewhowillbeaccompanied by the Local President for further discussion and consideration. Inthe event that the representatives of the Company andthe Union cannot reach an agreement, this dispute may, bywritten notice of either party to the other party, be submitted to binding and final arbitration or the Expedited Mediation/Arbitration Procedurewithinthirty (530) working calendar days of the receipt lastscheduled meeting under Step 3. Notwithstanding the above formal arbitration procedure, the parties undertake to refer all grievances which are still outstanding subsequent to Step 3 of the Step II reply Grievance Procedure to the Expedited Mediation/Arbitration Procedure setoutbelow. Eitherpartycanexerciseitsrighttoproceedtoformal arbitration regardless; however, the parties anticipate that this would normally apply only to dismissal or Policygrievances. a) The parties agree that the Expedited Mediation/Arbitration Procedure is an informal and accelerated dispute resolution mechanism to facilitate a speedy settlement of grievances by a sole mediator/arbitrator referred to as "the Chair. b) The sole mediator/arbitrator shall be Xxxxx Xxxxxxxx. Inthe event that Xxxxx Xxxxxxxx cannot meetwiththepartieswithinthetimelimitsofthe Collective Agreement, thepartiesshall request another arbitrator, selected inaccordance with clause 7.3, to assist the parties in accordance with this Expedited Mediation/Arbitration Procedure. c) The grievance shall be presented at hearings heldunderthis procedure by representative(s) of the Company andthe Unionandneither party will designate a representative who isadues paying memberofany LawSociety. d) The parties shall meet at least one week prior to the hearing in order to exchange: acopy of any document they intendtouseduringthe hearing (includingprecedents, authorities) anda list of witnesses. This meeting shall also be usedfor the purpose of reviewing the grievance and, in collaboration, endeavouring to establish an Agreed Joint Statement of Facts. Ifeither partybecomes awareofadditional information afterthis meetingthentheother partyshall be advised of that information immediately. e) Thepartiesshall endeavour tominimizethe useofwitnesses inthe Expedited Mediation/Arbitration Procedure. f) The other provisions of the Collective Agreement shall fully apply to the Expedited Mediation/Arbitration Procedure except to the extent they are modified by this Letter of Agreement. g) The hearing shall be governed by the following parameters: i. Pursuant to Item d) above, a brief of the documents, precedents, authorities, list of witnesses and, if possible, an Agreed Joint Statement of Facts will be provided to the Chair at least a day prior to the scheduled hearing. ii. All presentations are to be short and concise with: 1) A comprehensive Opening Statement that deals with the facts and Articles of the Collective Agreement upon which reliance is placed. 2) The Response to the Opening Statement will cover any facts which are in dispute and any additional facts. 3) As most facts will have been agreed upon, witnesses will only by used to enter evidence relative to facts in dispute or for expert explanations and their testimony will be guided to the issues of fact. 4) Arguments will be presented only to points in issue and should not exceed one hour in duration or five typed pages of single spacing. 5) Unless both parties agree, written submissions, precedents or authorities shall not be delivered to the Chair after the hearing. 6) The Chair shall have the power to accept any evidence which is believed to be reliable and relevant, whether allowed as evidence in a Court of Law or not, and shall give it the appropriate consideration and weight in reaching a decision. 7) The hearing will be conducted in an informalmanner. 8) The parties will endeavour to ensure that the hearing does not exceed eight hours. 9) In addition, the Chair is encouraged to mediate the issue at any stage as the representatives have the authority to settle the issue at the table. h) At the conclusion of the hearing the Chair's decision shall be in accordance with the following parameters: i. Rendered verbally either immediately or, at the latest, within three days of the hearing. ii. Confirmed in writing within three calendar weeks of the hearing. iii. The written decision shall set forth a brief explanation of the facts and the terms of the Collective Agreement and/or law relied upon for the decision. iv. Without precedent or prejudice to future proceedings unless otherwise agreed in writing by the parties. v. Binding on both parties. vi. Consistent with the terms of the Collective Agreement. 7.1.1 Notwithstanding Article 7.1, any grievance concerning the discharge of an employee shall be submitted directly to the applicable Station/Sales Manager in Sydney, Cape Breton or Moncion, New Brunswick orhisdesignee at Step 2 withinten (10) calendar daysof thedischarge. 7.2 If either of the parties considers that this Agreement is being misunderstood, misinterpreted or violated in any respect by the other, the matter may be submitted as a written grievance and discussedbetweenrepresentativesofthe Company andthe Union Grievance Committeewhomaybe accompanied bya Union representative. Ifnotsatisfactorily settledwithin ten (10) working daysofthe above meeting, eitherpartymayreferthemattertoarbitration. 7.3 If either party, following exercise of the grievance be referred procedure, wishes to refer a single arbitrator matter to be selected n rotation from arbitration as provided inArticle 7 hereof, it shall, within thirty (30) daysof the completion of the last meeting contemplated in Step 3 hereof, givetothe other party to thisAgreement written noticeof its intention to arbitrate at the same time specifying one of the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise as being not acceptable: 7.3.1 The hearingmust commence withinsix (6) weeks (orasmutually agreedbybothparties) from the powers as provided in date of acceptance by the Ontario Labour Relations Act. At arbitrator to the request hearing of the grievance. 7.3.2 Shouldnoarbitratorfromthepanelbeavailable, andfailingagreement inselecting an alternate arbitrator, either party may request the Minister of Labour to appoint an arbitrator. 7.3.3 The decision of the arbitrator shall befinal and prior binding uponthe parties and uponany employee affected by it. 7.3.4 The parties will jointly bear the expenses of an arbitrator in equal portions. 7.4 Atanystageofthe Grievanceprocedure, includingarbitration,allreasonablearrangements will be madeto permitthe conferring partiesto havethe assistance ofthe employees concerned and any necessary witnesses, tohaveaccesstotheplant, andtoview disputedoperations, providedthat 7.5 If it isdetermined bythe arbitrator that any employee hasbeen suspended or discharged, or otherwise disciplined, for propercause, thearbitrator maychange oramendsuchpenaltyandgivean award that seems just and reasonable in all circumstances. 7.6 If itisdetermined bythe arbitrator that any employee hasnotbeensuspended, discharged or disciplined, for proper cause, the arbitrator may makeany decision which isjust and equitable and which may or may not include full reinstatement of the employee. 7.7 The arbitrator shall havethe jurisdiction andauthority to an arbitration hearing interpret andapply the parties shall appoint representatives who will confer provisions of this Agreement insofar asshallbenecessary tothedeterminationofthegrievanceordispute, butshall not have any jurisdiction or authority to determine if a resolution alter in any way or to add to or to subtract from or modify any of the grievance terms of this Agreement. 7.8 Any andalltime limitsfixed bythis Article may beextended orshortened bymutual agreement betweenthe Company andthe Union. 7.9 No person may be achievedappointed as an arbitrator who has been involved inan attempt to negotiate or settle the grievance.

Appears in 1 contract

Samples: Collective Labour Agreement

GRIEVANCE PROCEDURE. Step One An employee (or group of employees) who believes he has a concern grievance and alleges a violation of this agreement, or complaint regarding who believes he has been unjustly treated in the application or interpretation interpretationof this agreement, shall first approach his immediate supervisor and attempt to resolve the matter at that level. The employee shall be accompanied by an area xxxxxxx if he so desires, provided that an area xxxxxxx is readily available. If settlement is not reached through discussion, the employee (or group of employees) in cooperation with a representative of the Collective agreement shall Union shall, within thirty (30) working days of the date the grievance was first address known to have occurred, present the written grievance to his supervisor on a grievance form provided by the Union for that purpose. The supervisor will give his decision in writing their concern or complaint with their Immediate supervisor on the same grievance form within ten (1O) working days. The grievance form will then be forwarded to the Union Grievance Committee. Step Two If settlement is not reached in Step One, the Union Grievance Committee will further review the circumstances of the case and if it considers the grievance still valid, it shall within five (5) working days of days, forward the occurrence of the incident which gave Rise grievance form to the matter in dispute. The supervisor shall address and respond in writing appropriate Division Manager or as delegated, to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint a Manager, with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall request that a meeting be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet held to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedmatter. The supervisor meeting shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days following receipt of the completed grievance form and the Manager's decision shall be given not later than five (5) working days following the meeting. Step Three If settlement is not reached in Step Two, the Union Grievance Committee may, within a further five (5) working days, lodge the written grievance with the Vice President Human Resourcesof the appropriate Vice-president or as delegated, to a Division Manager. Within five (5) working days, the Vice-president or designatehis delegate shall discuss the matter with the Union Grievance Committee and attempt to settle the grievance. The decision of the Vice-president shall be given not later than five (5) working days following the meeting. If the Grievance Committee and the Corporation settle a grievance, which involved the discharge or suspension of an employee and agree that the employee was unjustly discharged or suspended, the employee shall be reinstated without loss of pay or any other benefits under the terms of this agreement, retroactive to the time of discharge or suspension, provided the employee affected can prove he was willing and able to carry on his normal work throughout the period for which the discharge or suspension was in force. Either the Union or the Corporation shall have the right to initiate a grievance of an alleged violation of a general nature resulting from the application of the terms of this agreement. The article alleged to have been violated must be identified at the time the grievance is submitted. Such request grievances initiated by the Union shall state be made to the reason or reasons Manager of Industrial ion and such grievances initiated by the answer at Step I was unsatisfactoryCorporation shall be made to the President of Local and in either case shall be within thirty (30) working days from the date of the action giving rise to the grievance. The V.P. Human Resources A meeting with representatives of the Union and the Corporation shall render a decision be held within five (5) working days of receiving the meeting. STEP III: If grievance. In the union considers that event settlement is not reached, either party may, within a satisfactory settlement was not reached at Step II, it may within five further thirty (530) working days of the receipt of the Step II reply request in writing that days, submit the grievance be referred to a single arbitrator arbitration. When it is impracticable to be selected n rotation from process grievances within the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance specified time limits, they may be achievedvaried by arrangement between the Corporation and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An 4.01 It is the mutual desire of the parties hereto that any complaint of an employee who shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given his Cash and Carry Manager an opportunity of adjusting his complaint. If an employee has a concern complaint which he wishes to discuss with the Company, the employee may, either alone or with a Xxxxxxx, discuss the matter with the Cash and Carry Manager. If such a complaint regarding is not settled to the application or interpretation satisfaction of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint parties within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation following Steps of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall Grievance Procedure may be dealt with invoked in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP Iorder: The employee assisted together with his Xxxxxxx may present his grievance in writing and signed by a Union Xxxxxxx himself to his Supervisor and such grievance shall meet to discuss the grievance with the employee’s immediate supervisor be presented within five two (52) working days following the date decision of the grievance was submittedCash and Carry Manager as outlined above. The supervisor shall render a written decision Cash and Carry Manager or his representative shall, within five two (52) working days after receipt of the meetingsuch grievance, give his reply in writing. STEP II: 2 If the union considers that matter is not then settled, a satisfactory settlement has not been reached at Step I, it may, Xxxxxxx may present the written grievance of the employee to the Cash and Carry Manager within five two (52) working days of after the receipt of the Step I replyreply from the Supervisor. At this Stage, submit a written request for a the grievance shall be discussed between the Xxxxxxx and members of Management of the Store and such meeting which will shall be held within five (5) working days with after the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days presentation of the meetingwritten grievance to the Cash and Carry Manager. It is understood that the employee or employees involved in the grievance may attend the joint meeting if requested to do so by either Party. STEP III: 3 If the union considers that a satisfactory settlement was grievance has not reached been settled at Step II2, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance shall be referred to a single arbitrator the Director of Operations of the Company and Business Representative of the Union and the Xxxxxxx, who shall meet to be selected n rotation from discuss the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Actmatter. At the request of either party and prior If they are not able to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to settle the grievance within ten (10) days, then within a further period of thirty (30) days the matter may be achievedreferred to Arbitration by either party.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern (a) Any complaint, disagreement or complaint regarding difference of opinion between the Employer, the Union or the employees covered by this Agreement, which concerns the interpretation or application or interpretation of the Collective agreement terms and provisions of this Agreement, shall first address 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 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 grievance up with the Xxxxxxx or Supervisor. The Employer shall take up his grievance with the employee concerned who shall have the right to have the Shop Xxxxxxx present. If there is no resolution during this discussion, the grievance shall be put in writing their concern and presented to the appropriate Manager within fifteen (15) working days. Within fifteen (15) working days the Manager shall give a written response. The Union shall then respond in writing within fifteen (15) working days indicating whether the grievance is dropped or complaint proceeding to Step 2. STEP II If a settlement is not reached in Step 1, the Union Business Representative, shall, within thirty (30) working days, contact the Company in order to arrange a meeting with their Immediate supervisor the Company’s representative. The representative of the Union, accompanied by the employee and the Shop Xxxxxxx, if the Union wishes, shall discuss the matter with the Company’s representative. The Company shall state its position in writing to the Union within five fifteen (515) working days of the occurrence Step II meeting. If settlement is not reached, the grievance may be submitted, within thirty (30) working days, to Arbitration as set out below. Notwithstanding the above, if an authorized Agent of the incident which gave Rise Union claims a violation of the Agreement, he/she may invoke the Grievance Procedure at Step II as the grieving Party on behalf of the Union or on behalf of any employee or employees concerned. STEP III The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. The party receiving the notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the matter Minister of Labour to appoint a nominee on behalf of such party. STEP IV The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Minister of Labour. (c) Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in disputethe 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 it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the employee has incurred in order to earn the wages so deducted. 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. The supervisor Board of Arbitration shall address not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under 24 (b) herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and respond 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 may, within seventy-two (72) hours of his discharge or suspension, in writing, require the Employer to give to him the reasons for his discharge or suspension, and the Employer will give such reasons to him, in writing, within seventy-two (72) hours of such request. Only the reasons given in writing can be used if the grievance proceeds to Arbitration. (f) Any remarks on an employee's personnel record shall be deleted from such records one (1) year after the Employee’s complaint within incident giving rise to such remarks and same shall not be used against the employee except in the event of an incident of a serious nature when the record shall be maintained for a period no longer than two (2) working days. Provided an employee has first discussed years from the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation time of the Agreementincident. (g) A Joint Advisory Committee will be formed consisting of the Shop Stewards and Business Representative of the Union and Management Representatives. All grievances will clearly specify the circumstances or events giving rise This Committee shall meet as required but not less than three (3) times a year to discuss and attempt to resolve matters, other than active grievances, of mutual concern to the grievance and the clause or clauses alleged to have violatedParties. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute difference between the parties involving persons bound by the Agreement concerning its interpretation, application, administration operation, or any alleged violation thereof shall be resolved without the stoppage of work by the Agreement. All grievances will clearly specify the circumstances following procedure: STEP 1 - The aggrieved employee or events giving rise to employees shall submit in writing the grievance and the clause to his or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing her Xxxxxxx within ten (10) working days of the response to occurrence of the supervisoralleged grievance. STEP I: The employee assisted by a 2 - Within thirty (30) days of the occurrence of the alleged grievance and within fifteen (15) days of discharge, if the Union Xxxxxxx shall meet to discuss considers the grievance to be justified, the employee(s) concerned, together with his Xxxxxxx shall first seek to settle the dispute with the employee’s immediate supervisor 's Supervisor who shall render a decision within two (2) working days, and if it be settled that shall end the matter. STEP 3 - Failing settlement under Step 2, the Shop Xxxxxxx will submit the grievance to the Chief Shop Xxxxxxx, within three (3) working days. The Chief Shop Xxxxxxx with or without the aggrieved employee(s) shall within five (5) working days following discuss the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days matter with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Director of Instruction-Human Resources who shall render a decision within five two (52) working days of and if it be settled that will end the meetingmatter. STEP III: If 4 - Failing settlement under Step 3, the union considers that a satisfactory settlement was not reached at Step II, it may dispute shall then be referred within five seven (57) working days to the Grievance Committee of the receipt Union and the Salary Committee of the Step II reply request in writing Board. STEP 5 - If the Committees are unable to arrive at a solution to the complaint within three (3) working days, then either party may refer the matter to an Arbitration Board by notice to the other party that it wishes arbitration and setting out particulars of the grievance be referred to a single arbitrator question to be selected n rotation decided. Thereafter an Arbitration Board shall be set up in the manner hereinafter provided. (a) Within three (3) working days from the following list time the notice is served, each party shall appoint a member of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators the Arbitration Board and notify the other party the name and address of its appointee. The two members so appointed shall exercise select and appoint the powers as provided third member, who shall be Chairperson, but should they not do so within three (3) working days, then either party may apply to the Minister of Labour in the Ontario Labour Relations Act. At the request Province of either party and prior British Columbia to an arbitration hearing appoint a person to be Chairperson. (b) The Arbitration Board shall hear the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.and render and award within

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An Should any difference arise between the Company and any employee who has a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise as to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretationinterpretations, application, administration or alleged violation of the provisions of this Agreement. All grievances will clearly specify , it is agreed between the circumstances or events giving rise to the grievance Company and the clause or clauses alleged to have violated. 7.01 Grievances shall Union that such difference will be dealt with settled without undue delay in the following manner provided manner: STAGE ONE The employee shall, with reasonable promptness, make his representations to his Xxxxxxx, and in doing so the employee may, if he so desires, be accompanied by his designated Xxxxxxx. If. within two (2) working days after such grievances representations are filed made, a decision satisfactory to the employee has not been reached, then, STAGE TWO If, within two (2) working days after the decision at stage one has been given, agreement cannot be obtained, then the grievance shall be presented in writing to the Xxxxxxx and the Xxxxxxx will notify the Chief Xxxxxxx, and the Xxxxxxx will notify the Human Resource Department. The Chief Xxxxxxx or his designated representative, and a Human Resource representative will discuss the case and the Departmental Xxxxxxx and the Departmental Xxxxxxx may be present if so requested by either party. The Human Resource representative shall give his decision within ten (10) working days after presentation of the grievance in writing to the Xxxxxxx. The Union may, within three (3) working days after the decision at stage two has been given, present the representations as set out in writing at stage two, to the Director, Human Resources or his designated representative, who notify the Chairman of the Union Grievance Committee of the time and place where he will meet the President of the Local and not more than four (4) members of the Union Committee to discuss the difference and endeavor to settle it. The Director, Human Resources or his designated shall give his decision in writing within ten (10) working days after written notification from the Union has been received advancing the grievance to Stage Three. The National Representative of the response to the supervisor. STEP I: Union may be present at this stage if so requested by either party. The employee assisted by a Union Xxxxxxx shall meet to discuss aggrieved person may be present at any stage in the grievance procedure if so requested by either party. In the event that any employee other than a probationary employee be discharged or suspended from employment after the date hereof, and should he or the Union believe that his discharge or suspension was without reasonable cause, such discharge or suspension shall constitute a matter to be with under this grievance procedure, provided however, that no such grievance shall be dealt with once the employee’s immediate supervisor employee concerned has advised both the Company and the Union that the grievance is to be dropped. Any such matter, if it is to be dealt with, shall be presented at Stage Two of this grievance procedure within five twelve (512) working days following after notice to the date employee of discharge or suspension and not otherwise and the First Stage of the grievance was submittedprocedure shall be omitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers Company agrees that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit discharged or suspended employee shall be granted a written request for a meeting which will be held within five (5) working days private interview with the Vice President Human ResourcesChief Xxxxxxx, or designatehis designated representative, in the Human Resource Office prior to leaving the premises. Such request interview shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.for ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has Section 9.1 The Guild shall designate a concern committee of its own choosing to take up with the Publisher or complaint regarding his authorized agent any matter arising from the application of this agreement or interpretation affecting the relations of employee and publisher. Section 9.2 The Publisher or an authorized agent agrees to meet with the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor committee within two weeks, unless extended by mutual agreement, after request for such meeting. In the case of a dismissal, the meeting will take place within five (5) working days of days. Section 9.3 Any matter involving the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration administration, or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing this Agreement (except renewal of this contract), including any question whether a matter is arbitrable, not settled within ten (10) working 30 days of the response meeting set forth in section 2 of this Article, may be submitted to the supervisor. STEP I: The employee assisted final and binding arbitration by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedeither party. The supervisor Arbitrator who shall render decide the dispute shall be selected from a panel of seven arbitrators furnished by the Federal Mediation and Conciliation Service. The parties shall request FMCS to furnish a panel within ten workdays of written decision notice by either party of its desire to submit a dispute to arbitration. The Arbitrator shall be selected from the panel within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working ten work days of the receipt of the Step I replypanel by alternately striking a name from the panel until only one name remains, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request remaining name shall state decide the reason or reasons the answer at Step I was unsatisfactorydispute. The V.P. Human Resources party requesting arbitration shall render a decision within five (5) working days make the first strike. The award of the meetingArbitrator shall be binding on the Publisher, the Guild, and the employee or employees involved. The cost of such arbitration shall be borne equally by the Publisher and the Guild. No party shall be obligated to pay for any part of a stenographic transcript unless they desire a copy of such transcript. STEP III: If Section 9.4 In the union considers that case of a satisfactory settlement was not reached dismissal, the Arbitrator shall be empowered to affirm the dismissal or to reinstate a dismissed employee of his discretion retroactively for any or all the wages and other benefits lost by the employee due to dismissal, less dismissal pay received. The Arbitrator may at Step II, it may within five the Arbitrator’s discretion withhold any or all of such wages and benefits (5) working days except continuity of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers service and hospitalization benefits as provided in Article XX, Section 1 of this Agreement) as a penalty less than dismissal. In the Ontario Labour Relations Actevent that the Arbitrator awards reinstatement without back wages, or with back wages in an amount which is less than the dismissal pay received by the employee, then the Publisher may recover the difference due it by withholding not more than 10 percent weekly of future wages of said employee until said amount is recovered. At In the request of either party event an employee is found to be dismissed for just and prior to an arbitration hearing the parties sufficient cause such employee shall appoint representatives who will confer to determine if a resolution to the grievance may not be achievedeligible for dismissal pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation The parties to this Agreement are agreed that it is of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor utmost importance to adjust complaints and grievances as quickly as possible. In determining the time limits within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address this Article, Saturdays, Sundays and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement recognized holidays shall be any dispute excluded. Any and all time limits fixed by this Article may be extended by mutual agreement between the parties involving interpretation, Company and the Union. Should any question arise concerning the application, administration interpretation or alleged violation of the Agreementprovisions of this Agreement between the Company Collective Agreement Local Page and any employee or group of employees, the following procedure shall Any employee Xxxxxxx shall discuss any complaint with immediate supervisor. All grievances will clearly specify the circumstances or events giving rise The Supervisor shall state decision to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing Xxxxxxx within ten (10) working days of days. Failing any reply or a satisfactory settlement within ten (10) working days, the response employee may proceed to Step If the matter is not satisfactorily settled at Step it may be submitted to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx Manager or designated representative, on an approved grievance form, who shall meet to discuss the grievance with the employee’s immediate supervisor within five fifteen (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (515) working days of the meeting. STEP II: If submission of the union considers that grievance to hold a satisfactory settlement has not been reached at Step Imeeting with the Union Xxxxxxx and the griever, it may, who may be accompanied by the Staff Representative of the International Union. The Manager shall within five fifteen (515) working days of such meeting, or at a time agreed upon, state decision to the receipt Union in writing. No grievance shall be considered if the circumstances occurred or originated more than ten (10) days prior to filing a complaint in Step of In the case of any violation, the ten (10) days shall commence the date the employee receives pay stub. The grievance procedure may be utilized by the Company or by the Union in processing a grievance and which alleges a violation of this Agreement. Such a grievance may be introduced at Step A group grievance will also be introduced at Step of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designategrievance procedure. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was of the dispute is not reached at Step IIwithin fifteen (15) days, it the matter may be referred within five a further fifteen (515) working days to arbitration. Any decision of the receipt of the Step II reply request parties at any step in writing that the grievance procedure, as well as the arbitrator’s decision, will be referred to a single arbitrator to be selected n rotation from final and binding upon the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise Employer, the powers as provided in Union, and the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedinvolved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding 8.01 It is the application or interpretation mutual desire of the Collective agreement Parties hereto that any complaint or cause for dissatisfaction arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement shall be resolved as quickly as possible. 8.02 It is generally understood that an employee has no complaint or grievance until he, either directly or through the Union, has first given his immediate Supervisor an opportunity to address the complaint. 8.03 All time limits referred to in writing their concern the grievance procedure are exclusive of plant shutdowns, approved leaves of absence, Saturdays, Sundays or complaint with their Immediate supervisor holidays as set out in this Agreement and may be extended by mutual agreement. 8.04 The Company shall not be required to consider any grievance which is not presented within five (5) working days after the grievor or the Union first became aware of the occurrence alleged violation of the incident which gave Rise to Agreement. Thereafter the matter time limits in dispute. The supervisor the Grievance Procedure shall address be considered directionary and respond in writing to not mandatory. 8.05 If after registering the Employee’s complaint with the Supervisor and such complaint is not settled within two (2) working days. Provided an employee has first discussed days or within a longer period which may have been agreed to by both parties, then the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation following steps of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall Grievance Procedure may be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisorinvoked. STEP I: 1 The grievance shall be submitted in writing on a form supplied by the Union and signed by the employee assisted and by a Union Xxxxxxx representative. The Superintendent or Department Manager shall meet to discuss the grievance with the employee’s immediate supervisor Union Xxxxxxx within five two (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (52) working days of the receipt of the Step I reply, submit grievance in an attempt to resolve the grievance. The grievor may be present at this meeting if agreed by both parties. The Superintendent or Department Manager shall within a written request for a meeting which will be held within five further three (53) working days with days, give his answer on the Vice President Human Resources, or designate. Such request shall state grievance form and return it to the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetingUnion. STEP III: 2 If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days decision of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to Superintendent or Department Manager is not satisfactory, the grievance may be achievedsubmitted to the Plant Manager who within four (4) working days hold a meeting with the Divisional Chief Xxxxxxx in a further attempt to resolve the grievance. The Plant Manager shall within a further three (3) working days, give his decision in writing on the grievance form and return it to the Union. STEP 3 If the grievance still remains unsettled at the conclusion of step two, the grievance may be submitted to the Manager Human Resources who shall within four (4) working days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management in a final attempt to resolve the grievance. A Staff Representative of the Union may be present at this meeting if requested by either party. The grievor may be present at this meeting if agreed to by both parties. The Human Resources Manager shall within a further three (3) working days give his decision, in writing, to the Union on or attached to the grievance form. 8.06 If final settlement of the grievance is not reached at step three, then the Grievance may be deferred in writing by either Party to Arbitration as provided in Article 10, Arbitration, at any time within thirty (30) calendar days after the decision is received under Step Three. 8.07 Any request to hold a grievance in abeyance shall contain a mutually agreed upon expiry date.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding Section 1 Section 2 Section 3 Section 5 Section 6 1. If the application or interpretation Union is not satisfied with the STEP B disposition of the Collective agreement grievance. the Union shall first address notify the Employer of its intent to proceed "'lith grievance arbi tration. 2. Upon receiving such a notice in writing their concern from the Union, the parties shall attempt to mutually select an arbitrator.‌ 3. If the attempt to mutually select an arbitrator has failed, the Union may submit a Demand for Arbitration to the American Arbitration Association- (AAA). An arbitrator shall thereafter be selected in accordance with AAA rules which shall likewise govern the arbitration proceeding. 4. Neither the Employer nor the Union shall be permitted to assert in any arbitration proceeding any ground or complaint with their Immediate supervisor rely on any evidence not previously disclosed to the other party. 5. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement. 6. The fees and expenses of the arbitrator shall be shared equally by the Union and Employer. 7. The parties shall be bound by the award of the arbitrator. However. judgment thereon may be entered in any court of competent jurisdiction. Section 10 There shall be no interruptions of service or operations by the school board or by the Union or any employee while grievances are being resolved. Unless otherwise provided herein, grievances not responded to \vithin the prescribed time limits shall be considered withdra\vn without prejudice or precedent. Calendar days shall not be considered when occurnng during holidays, weekends or school year break periods. Probationary employees do not have access to the grievance process. ARTICLE IX DISMISSALS AND DISCIPLINE‌‌ Section 2 After completion of the probationary period, no employee shall be dismissed without just and sufficient cause. Employees shall have the right to union representation, if they request it, at all formal meetings relating to disciplinary action. A copy of all written warnings and reprimands shall be given to the stewards. Reprimands must be served within five fifteen (515) working days of the occurrence event upon which it is based unless circumstances make it impossible for the Employer to have knowledge of the incident which gave Rise to the matter in disputesaid event. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance progressive discipline process will only consider actions taken within the meaning of this Agreement shall current twelve (12) month period. The employee will be given the opportunity to respond to any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance disciplinary action and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisorincl.uded in his/her personnel file. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee Should differences arise between the Employer and the Union as to the meaning and application of this Agreement, an xxxxxxx effort shall be made to settle such differences promptly by the following methods of procedure: (a) The Shop Chairman or Chairlady shall appoint a xxxxxxx from each shift to represent the Union and the Employees in the negotiation of any grievances or disputes. (b) The Employee who believes he/she has suffered a concern or complaint regarding grievance, together with his/her department xxxxxxx shall meet with his/her immediate supervisor and attempt to adjust the application or interpretation difference. The supervisor will provide a verbal response to the xxxxxxx within twenty-four (24) hours after the conclusion of this meeting. Complaints resolved in this step shall be non-precedent setting. (c) If no satisfactory settlement is reached in the preceding paragraph, the Employee who believes he/she has suffered a grievance shall submit the same in writing, signed by both the Employee and his/her xxxxxxx, to the Employee's immediate superior in an attempt to arrive at a satisfactory settlement within three (3) working days after the inception of the Collective agreement acts or occurrences or omissions constituting the basis of the grievances, or the right to make a grievance is deemed to be waived. (d) If no satisfactory settlement is reached in the preceding paragraph (c) within three (3) working days after its submission to the Employee's immediate superior, the grievance shall first address then be discussed between the xxxxxxx, Employee's immediate superior, Employee and Employer's manager or representative within three (3) working days after the expiration of the time period set forth in writing their concern the preceding subparagraph (c). (e) In the event that the parties in preceding paragraph (d) cannot settle or complaint with their Immediate supervisor adjust the grievances within three (3) working days after its submission, the grievances shall then be discussed between the xxxxxxx, Employee, Employee's immediate superior, plant manager and business agent of the Union. (f) If the parties in preceding subparagraph (e) have not settled or adjusted the grievance within five (5) working days of after its being submitted to them, then either the occurrence of Employer or the incident which gave Rise Union can submit the matter to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint New York State Board of Mediation for purposes of arbitration as hereinafter set forth, within two seven (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (107) working days after the expiration of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within aforementioned five (5) day period. in the event the New York State Board of Mediation is abolished the parties agree to use the services of the American Arbitration Association. The seven working day period may be extended up to 30 calendar days following upon agreement of the date Plant Manager and Union Business Agent. If the grievance was submitted. The supervisor shall render is settled, a written decision within five disposition shall be noted and filed by the parties. (5g) working days Grievances shall be separately arbitrated and are not to be merged. (h) In the event of a dispute, the Employer may take the initiative following its interpretation of the meetingcontract provisions in question, subject to the grievance procedure. Arbitration ----------- (a) Arbitration is available only to the Union and the Employer and cannot be availed of until all the steps to be followed in the grievance procedure have been complied with, at which time either party may submit the controversy to arbitration as hereinabove sets forth. STEP II: If (b) It is expressly understood that in no event shall the union considers that a satisfactory settlement has not been reached at Step Iarbitrator have jurisdiction or authority to add to, it maysubtract from, within five modify or in any way change the provision of this Agreement. (5c) working days Any issues involving interpretations and/or application of any terms of this Agreement may be initiated by either party directly, i.e., the Union or the Employer, with the other party. Upon the failure of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step IIUnion and Employer to agree, it may within five (5) working days then be submitted directly to the New York State Board of Mediation for arbitration. In the event the New York State Board of Mediation is abolished the parties agree to the use the services of the receipt of American Arbitration Association. There shall be no strikes or lockouts while grievances or arbitration procedures are pending. No Employee shall have the Step II reply request in writing that the grievance be referred right to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution compel arbitration, this right being reserved to the grievance may be achievedUnion and the Employer.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Aurora Foods Inc /De/)

GRIEVANCE PROCEDURE. An employee who 18:01 For the purposes of this Collective Agreement a grievance is defined as a difference arising between the Parties s 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 concern 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 regarding have occurred or ought reasonably to have come to the application or interpretation attention of the Collective agreement employee. Within this time period the employee shall first address raise and discuss the issue as a complaint with the supervisor before it is given to the supervisor in writing. The Union Xxxxxxx may be present for this discussion if invited. 18:02 The time limits and other procedural requirements set out in Article 17 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 within the times specified. Time limits may be extended by mutual agreement in writing between the Parties hereto; however, the mandatory provisions of Article 17 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 completed under the Grievance or Arbitration procedures. 18:03 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. 18:04 A decision or settlement reached at any stage of the grievance procedure shall be 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 Vice President, Retail and the Local Union President shall sign the settlement as endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was. 18:05 If the grievance is not adjusted by the supervisor as provided in article 17:01, 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 their concern or complaint with their Immediate supervisor answer in writing to the Xxxxxxx without undue delay, but not more than five (5) working days after the grievance has been presented in writing. 18:06 If the grievance is not settled at Step One, the written grievance may be referred to the Vice President, Retail by the Local Union President within five (5) working days after receiving the answer in writing. A meeting shall be arranged by the Vice President, Retail within five (5) working days of receiving the occurrence grievance. Either Party may request the presence of the incident which gave Rise to grievor and the matter in disputeUnion Xxxxxxx at the meeting. The supervisor Vice President, Retail shall address and respond give their answer in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Local Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within President without undue delay but not later than five (5) working days following after the date said meeting. Any employee with an allegation of discrimination, sexual harassment or workplace harassment may file a grievance commencing at Step 2. 18:07 If the grievance was submitted. The supervisor shall render is not settled at Step Two, a written decision grievance may be referred to the Vice President, Human Resources or their designate by the Local Union President within five (5) working days of receiving an answer in writing from the meeting. STEP II: If Vice President, Retail. Either Party may request the union considers that a satisfactory presence of the grievor, Union Xxxxxxx, Local Union President and the CUPE National Representative, supervisor or Vice President, Retail to attend the meeting to present evidence or give assistance in the settlement has not been reached at Step Iof the grievance. A meeting shall be arranged by the Vice President, it may, Human Resources or their designate with the Local Union President within five (5) working days of the receipt of the Step I replygrievance in order to resolve the dispute. The Vice President, submit a written request for a meeting which will be held Human Resources or their designate shall give their reply in writing within five (5) working days with if the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer grievance is not settled at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the this meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An Should any difference arise between the Company and any employee who has a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise as to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretationinterpretations, application, . administration or alleged violation of the provisions of this Agreement, it is agreed between the Company and the Union that such difference will be settled without undue delay in the manner: STAGE ONE The employee shall, with reasonable promptness, make their representations to their Manager, and in doing so the employee may, if the so desires, be accompanied by their designated Xxxxxxx. All grievances will clearly specify the circumstances or events giving rise If, within two working days such representations are made. decision satisfactory to the employee has not been reached, then, STAGE TWO within two working days after the decision at stage one has been given, agreement cannot be obtained, then the grievance shall be presented in writing to the Manager and the clause will notify the Chief Xxxxxxx, and the Manager will notify the Human Resource The Chief or clauses alleged his designated representative. and a Human Resource discuss the case and the Departmental Manager and the Departmental Xxxxxxx may be present if so requested by either party. The Human Resource representative shall give their decision within ten working days presentation of the grievance in writing to have violated. 7.01 Grievances the Manager. STAGE THREE The Union may, within three working days after the decision at stage two has been given, present the representations as set out in writing at stage two, to the Director, Human Resources or the designated representative, who will notify the Chairperson of the Union Grievance Committee of the time and place where the employee will meet the President of the Local and not more than four members of the Union Grievance Committee to discuss the difference and to settle it. The Director, Human Resources or the designated shall be dealt with in the following manner provided such grievances are filed give their decision in writing within ten (10) working days after written notification from the Union has been received advancing the grievance to Stage Three. The National Representative of the response to the supervisor. STEP I: Union may be present at this stage if so requested by either party. The employee assisted by a Union Xxxxxxx shall meet to discuss aggrieved person may be present at any stage in the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meetingprocedure if so requested by either party. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An 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 who has no grievance until he has first given his immediate Supervisor an opportunity to adjust his complaint. If an employee has a concern complaint, he shall discuss it with his immediate Supervisor within five working days after the circumstances giving rise to the complaint have originated or complaint regarding the application or interpretation occurred. Failing settlement, it may then be taken up as a grievance within three working days following receipt of the Collective agreement immediate Supervisor's decision, in the following manner and sequence. 1: The employee shall first address present his alleged grievance, in writing their concern writing, signed by the employee and the Xxxxxxx, to the Manager of Custodial Services. The nature of the grievance, the remedy sought, and the section or complaint with their Immediate supervisor sections of the Agreement which are alleged to have been violated shall be set out in the grievance. A meeting will then be held within five (5) working days between the Manager of Custodial Services, the employee concerned and his Xxxxxxx to discuss the grievance. The decision of the Manager of Custodial Services shall be delivered to the employee within three days following such meeting. If a settlement of the grievance is not achieved by the Manager of Custodial Services' reply, then it may be processed to Step provided it is done so by the Union within three working days of receiving the occurrence of reply. 2: The Union Committee shall present the incident which gave Rise to the matter in dispute. The supervisor shall address and respond grievance in writing to the Employee’s complaint Super- intendent of Business. A meeting will be held within two (2) working daysdays between the Superintendent of Business and the Union Committee; a National Representative of the Union shall be present at the request of the Union. Provided an employee has first discussed The decision of the concern or complaint with their immediate supervisor Superintendent of Business shall be delivered in writing within five working days following such meeting. It is also understood that the Superintendent of Business shall have such counsel and is dissatisfied assistance as he may desire at any meeting with the supervisor’s response, the employee may file Union Committee. Failing a written grievancesettlement under Step No. A grievance within the meaning of this Agreement shall be any dispute difference between the parties involving 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 be taken to arbitration as provided in Article and if no written request for arbitration is received within ten full working days after the Agreementdecision in Step No. All grievances will clearly specify is given, it shall be deemed to have been settled. Any complaint or grievance arising directly between Board and Union may be submitted in writing by either party at Step No. within five working days after the circumstances or events giving rise to the complaint or grievance have originated or occurred. All decisions arrived at under the Grievance Procedure between of the Board and the clause or clauses alleged to have violated. 7.01 Grievances Union shall be dealt with final and binding upon the Board, the Union and the concerned. Where a time limit is established under this procedure, it shall be deemed to be exclusive of Saturdays, Sundays, and Statutory Holidays. It is understood that the time limits specified in the following manner provided such grievances are filed in writing within ten (10) working days Grievance and Arbitration provision may be extended by mutual written agreement. In all steps of the response Grievance Procedure, where no written answer has been given within the time limit specified, the concerned, the Union or the Board, as the case may be, shall be entitled to submit the griev- ance to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days next step of the meeting. STEP II: If Grievance Procedure, including arbitration. A grievance under this Agreement shall be defined as any difference between the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation parties arising from the following list interpretation, application, administra- tion or alleged violation of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedthis Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding 6.01 For the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning purpose of this Agreement shall be agreement, a grievance is defined as any dispute difference between the parties involving Company on the one hand, and the Union or the employees, concerning the interpretation, application, administration administration, or alleged violation of the Agreementagreement. 6.02 If an employee feels he has suffered a grievance, he shall report his grievance in the manner provided herein. All grievances will clearly specify Pending an investigation and possible settlement, the employee meanwhile shall perform the duties assigned to him by the Company. 6.03 An employee who feels that he has a grievance shall discuss it with his immediate supervisor within fourteen (14) working days after the circumstances or events giving rise to the grievance have occurred. The immediate supervisor's decision will be given within fourteen (14) working days and, failing settlement, it may be taken up as a grievance within six (6) working days following advice of the immediate supervisor's decision in the following manner and sequence: If an employee is disciplined for any reason whatsoever and feels that he has been unjustly dealt with, he may promptly notify his xxxxxxx who shall, if a grievance is to be filed, notify the clause employee's supervisor, in writing, within fourteen (14) working days following the verbal reprimand or clauses alleged to have violated. 7.01 Grievances receipt by the xxxxxxx of the written notice of discipline or dismissal. The matter shall then constitute a grievance and shall be dealt with in according to Step No. l of the following manner provided grievance procedure. A meeting will then be held within ten (10) working days from the date the grievance is submitted at this Step No. 2, or at a date mutually agreed on between the Company and the Union. An authorized representative of the Union may be present if requested by either party. It is understood that the Company's Unit Manager or his representative may have such grievances are filed counsel or assistance as he may desire. The decision of the Company's Unit Manager or his representative shall be delivered in writing within ten (10) working days following the date of such meeting, or at a date mutually agreed on between the response to Company and the supervisorUnion. STEP I: The employee assisted by 6.04 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this Agreement, including any question as to whether a Union Xxxxxxx shall meet matter is arbitrable, such grievance may be submitted to discuss the grievance with the employee’s immediate supervisor arbitration as set forth in Article VII. If no written request for arbitration is received within five fourteen (514) working days following after the date decision under Step No. 2 is given, the grievance was submitted. The supervisor shall render a be deemed to have been abandoned. 6.05 All decisions reached under the grievance procedure between the representatives of the Company and the representatives of the Union shall be final and binding on the Company, the Union, and the employees concerned. 6.06 Where no written decision has been given or where no meeting has been convened within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step Itime limits specified above, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedsubmitted to the next step of the foregoing procedure, including arbitration. 6.07 If the Union feels that it has a grievance against the Company, the same shall be submitted in writing to the Company within ten (10) working days after the circumstances giving rise to the grievance have occurred, and the procedure for such grievances shall be as set out under Step No. 2 above. It is understood that the Union shall not file a grievance on behalf of an employee or employees when such grievances are by their nature employee grievances. 6.08 If the Company feels that it has a grievance against the Union, the same shall be submitted in writing to the Union within ten (10) working days after the circumstances giving rise to the grievance have occurred. Such a grievance, once delivered to the Union, will bring into effect Article 7 of the agreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding Section 1 In the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be event that any dispute difference arises between the parties involving out of the interpretation, application, administration operation or any alleged violation of this Agreement, including any difference arising from the Agreement. All grievances will clearly specify suspension or dismissal of any employee and including any question or difference as to whether the circumstances matter is arbitral such question or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances difference shall be dealt with finally and conclusively settled without stoppage of work in the following manner provided such grievances are filed in manner: Step 1 - Such difference or grievance shall first be reduced to writing within ten (10) working days and taken up by the employee or a representative of the response to Union with the employee's supervisor. STEP I: The employee assisted by Step 2 - Should the supervisor be unable to affect a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it maysettlement, within five (5) working days of the receipt of such grievance, it shall be submitted to the employee's department head or the Secretary-Treasurer of the Board. Step I reply, submit a written request for a meeting which will be held 3 - Failing settlement within five (5) working days with days, such grievance shall be referred to a grievance committee comprised of two (2) members each from the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactoryBoard and Union. The V.P. Human Resources committee shall, if it so desires, have its advisors in attendance. Failing settlement within ten (10) days by the committee the matter shall render be promptly referred to and dealt with by Arbitration as set forth in Article 15. Section 2 Should the Board or the Union initiates the grievance, the matter shall be dealt with by the grievance committee as set out in Step 3, Section 1 of this Article. Section 3 If a dispute is not submitted within sixty (60) calendar days after the occurrence of the act or decision giving rise to the dispute, then the dispute shall be deemed to be abandoned, and all rights of recourse to the dispute procedure shall be at an end. Section 4 Grievance and replies to grievances shall be in writing at all stages, and grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. Section 5 Whenever the Board deems it necessary to censure an employee in a manner indicating that dismissal may follow, the Board shall, within five (5) working days thereafter, give written particulars of such censure to the Union. Section 6 An employee may be dismissed only for just cause and only upon the authority of the meetingBoard. The department head may suspend an employee but shall immediately report such action to the Board. Such employee and the Union shall be advised promptly in writing by the Board of the reason for such dismissal or suspension. Just cause shall not include the refusal of the employee to cross the picket line of a legal strike, or refusal of an employee to deal with any business establishment involved in a legal strike. This provision shall be inapplicable to any employee in respect of his refusal to work or to cross such picket line if he has permission of the striking union to cross such picket line or to so deal. STEP III: If Section 7 Should it be found upon investigation that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his former position, without loss of seniority rating and shall be compensated for all time lost in an amount equal to his normal earnings during the union considers that a satisfactory settlement was not reached at Step IIpay period next preceding such discharge or suspension, it may within five (5) working days or by any other arrangement as to compensation which is just and equitable in the opinion of the receipt parties, or in the opinion of the Step II reply request in writing that Board of Arbitration, if the grievance be matter is referred to such a single arbitrator Board. Section 8 Any written criticism of an employee by the Board will be copied to the employee and the Union at the time of filing. Section 9 An employee considered by the Union to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators wrongfully or unjustly discharged shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior be entitled to an arbitration a hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.under Article 15 -

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 11:01 An employee who has having a concern complaint which may become a grievance arising out of the interpretation, application, administration, or complaint regarding the application or interpretation alleged violation of the Collective agreement Agreement will first take up the complaint within fifteen (15) working days after the occurrence of the matter which is the subject of the complaint with the employee’s supervisor, who will attempt to resolve it. Should the complaint fail to be resolved, the employee has the right to bring a Union Xxxxxxx who may then attempt to solve the complaint with the supervisor and the employee. If the complaint remains unresolved, the employee may file a grievance at Step One of the Grievance Procedure. 11:02 An employee may request the employee’s supervisor to call the Union Xxxxxxx to handle a specified grievance. The word “specified” as used in this paragraph is interpreted by the parties hereto to mean that an employee is required to “state the nature of the grievance.” The supervisor will arrange to send for the Union Xxxxxxx without undue delay and without further discussion of the grievance. The Union Xxxxxxx, with or without the employee present, will attempt to adjust the grievance with the supervisor, before it is given to the supervisor in writing. If the grievance is not resolved by the supervisor, it shall first address be summarized in writing their concern on an employee grievance form provided by the University, and signed by the employee involved and the employee’s Xxxxxxx, and submitted to the Supervisor by the Union Xxxxxxx. The supervisor shall give an answer in writing to the Xxxxxxx within five (5) working days after the grievance has been presented in writing. 11:03 If the grievance is not settled at Step One, the written grievance may be referred to the Library Manager of Personnel Services by the Chief Union Xxxxxxx within five (5) working days after receiving the answer in writing. A meeting shall be arranged between the Department Head and the Chief Union Xxxxxxx within three (3) working days of receiving the grievance. The Department Head shall reply in writing to the Chief Union Xxxxxxx as soon as possible but not later than ten (10) working days if the grievance is not settled at this meeting. 11:04 If the grievance is not settled at Step Two, the written grievance may be referred to the Director of Human Resources, by the National Representative of the Union, or complaint with their Immediate supervisor his/her designate, within five (5) working days of the occurrence Chief Xxxxxxx having received an answer in writing from the Department Head. The Director of Human Resources or his/her designate together with the Chief Librarian or her/his designate shall meet with the National Representative of the incident which gave Rise Union or his/her designate within five (5) working days of receipt of the grievance in order to resolve the matter in dispute. The supervisor Director of Human Resources or his/her designate shall address and respond reply in writing within five (5) working days if the grievance is not settled at this meeting. 11:05 Any grievance dealing with staff changes, promotions, layoffs, recalls, or the filling of vacancies, may be initiated at Step Two of the grievance procedure. 11:06 Any grievance dealing with transfers or re-locations caused by a technological change may be initiated at Step Two of the grievance procedure. 11:07 Any grievance alleging improper classification must be submitted by the employee to the EmployeeLibrary Manager of Personnel Services in writing on a Job Classification Grievance form (Appendix “D”) signed by the employee and the Chief Xxxxxxx. If the Library Manager of Personnel Services believes that there is good reason to audit the position, a member of the aforementioned’s complaint staff shall conduct an audit prior to arranging a meeting with the Chief Xxxxxxx. A meeting shall be arranged between the Chief Xxxxxxx and the Library Manager of Personnel Services within two thirty (230) working daysdays of receiving the grievance, if an audit is to be done, or within ten (10) working days of receiving the grievance, if no audit is to be done. Provided an employee has first discussed If the concern or complaint with their immediate supervisor and grievance is dissatisfied with the supervisor’s responsenot settled at this meeting, the employee may file a written grievance. A grievance within the meaning Library Manager of this Agreement Personnel Services shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise reply to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed Chief Union Xxxxxxx in writing within ten (10) working days of the response meeting. If the grievance is not settled at this step, the provisions of Article 11:04 (Step Three of the general grievance procedure) shall apply. 11:08 Any settlement of a grievance under the aforesaid provisions shall be limited to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following period of time actually worked from the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days filing of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetinggrievance. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation The parties of this agreement are agreed that it is of the Collective utmost importance to adjust complaints and grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or originated more than five full working days before filing of the grievance. Grievances properly arising under this agreement shall first address be adjusted and settled as follows: Step 1 The aggrieved employee shall present his grievance orally or in writing their concern to his xxxxxxx. He shall have the assistance of his xxxxxxx or complaint with their Immediate supervisor an executive member if he so desires. If a settlement satisfactory to the employee concerned is not reached within five (5) two working days (or any longer period which may be mutually agreed upon) the grievance may be presented as follows at any time within two working days thereafter. Step 2 The aggrieved employee with his xxxxxxx or an executive member, may present his grievance (which shall be reduced to writing on a form supplied by the Union and approved by the Company) to the Plant Manager or his designate, who shall consider it in the presence of the occurrence of person or persons presenting same, and the incident which gave Rise xxxxxxx, and render his decision in writing. Should no settlement satisfactory to the matter employee be reached with two working days, the next step in dispute. the grievance procedure may be taken at any time within two working days thereafter. Step 3 The supervisor shall address and respond aggrieved employee may submit his grievance in writing to the Employee’s complaint within two (2) working daysPlant Executive Committee. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied A maximum of members of this Committee shall meet with the supervisor’s response, management to consider the employee may file a written grievance. A grievance within the meaning of this Agreement Such meeting shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing held within ten (10) working days of the response grievance being presented to the supervisor. STEP I: The employee assisted Company. At this stage, they may be accompanied by a Union Xxxxxxx shall meet to discuss representative of the International if his or her presence is requested by either party. If final settlement of the grievance with the employee’s immediate supervisor is not completed within five (5) seven working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party after deliberations have commenced and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedreferred by either party to the single arbitrator as provided in Article VII below, at any time within twenty-one days thereafter, but no later. Any difference arising directly between the Company and the Union regarding an alleged violation of this agreement may be submitted in writing by either party pursuant to this Article at Step No. 3 of the Grievance Procedure and ultimately to arbitration if necessary.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding It is the application or interpretation mutual desire of the parties hereto that complaintsof employees shall be adjusted as quickly as possible, and is generally understoodthat AN EMPLOYEE HAS NO GRIEVANCE UNTIL HE HAS FIRST GIVEN HIS XXXXXXX OR SUPERVISOR AN OPPORTUNITYOF ADJUSTING HIS COMPLAINT. an employee has any complaint which he wishes to discuss with the Company he shall take the matter up with the immediate xxxxxxx or supervisor and he may be accompaniedby a Union Officer. In any discussion betweenan employee and a supervisor as a result of action, the supervisor will advise the employee of his right to have a Union Officer present. It is understood that no settlement reachedat this stage of the Grievance Procedurecan be inconsistentwith the provisionsof the Collective agreement Agreement. If such a complaint is not settledto the satisfaction of the employee concerned within twenty-four hours, or within any longer period which may be mutually agreed upon at the time, then the following steps of the GrievanceProcedure may be invoked in order, providing is done within thirty (30) days after the occurrence of the being grieved. The Union Officer shall first address state the grievance of the employee (or employees) in and shall deliver a copy to the xxxxxxx or immediate of the employee concerned. such discussion as is necessary the xxxxxxx shall state his decision in writing their concern and deliver a copy to the Management Representative and the Union Officer within two working days of its submission to him, or complaint within any longer period which may be mutually agreed upon at the time. If the Union intends to invoke Step No. of the GrievanceProcedure, the Chief Xxxxxxx shall advise the Management Representative within two working days after a grievance has been dealt with their Immediate supervisor under Step No. The Union Grievance shall meet with the Management Representative, or his designate, and any Management Representatives he may require, within five (5) working days or at the earliest mutually agreeable date, and the parties shall attempt to settle grievance. meeting a full-time Officer Union may be present if his presenceis requestedby either The decision reached at this stage shall be recognizedas the decision of the General Management of the Company. If the grievance is not there settled to the satisfactionof the conferring parties within five (5)working days or within any longer periodwhich may be mutually agreed upon at that time, then the grievance may be referredto providedthat if arbitrationis to be invoked, the request for must be made within (30) days the grievance has been dealt with in Step No. The decisions reached in Step No. are to be presentedin written form. policy or Union Officers'grievance which alleges that there has been a misinterpretation, violation or non-applicationof this agreement. may be filed by the Union Officers and instituted at Step No. of the Grievance Procedure as outlined herein, providing this is done within ten (10)days the occurrence of the incident being grieved. However, it is expressly understood this procedure may be usedto a grievance directly affecting an employee or employees, which gave Rise such employee or employees could have themselves and the regular grievance procedureshall not thereby be bypassed. It is understood that Management may bring forward to any meetingheld with the UnionGrievance Committee any general complaintwith respect to the matter in dispute. The supervisor shall address conduct dthe Union, and respond in writing to Officers, and that if such a complaint by Management is not settledlo the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation mutualsatisfaction of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step IIconferring parties, it may within five (5) working days be treated as a grievance, institutedat Step No. of the receipt Grievance Procedure. and if necessary referredto arbitration. Grievance meetings for Step No. of the Step II reply request GrievanceProcedurewill be held during normal day-shift hours except in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list cases of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Actemergency or where scheduled otherwise by mutual agreement. At any stage of the request of either party and prior to an arbitration hearing Grievance Procedureincludingarbitration, the parties shall appoint representatives who conferring patties will confer to determine if a resolution havethe right to the grievance may assistanceof the employee or employees concerned and any witnesses. and reasonable arrangements will be achievedmadeto the conferring parties to have access to the facility to view disputed operationsand to confer the necessary witnesses.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation 6.01 The parties to this Agreement are agreed that it is of the Collective agreement utmost importance to adjust complaints and grievances as quickly as possible. 6.02 No grievance shall first address be considered where the circumstances giving rise to it occurred more than two (2) working days before the filing of the grievance. 6.03 Grievances shall be adjusted and settled as follows: STEP NO. 1 – The aggrieved employee shall present his grievance orally or in writing their concern to his xxxxxxx or complaint a designated management representative. The employee may be accompanied by his xxxxxxx if he so desires. If a satisfactory settlement to the employee concerned is no reached within two (2) working days, the grievance may be presented as follows at any time within two (2) working days thereafter. STEP NO. 2 – The aggrieved employee may submit his grievance in writing to the General Manager who shall arrange a meeting with their Immediate supervisor the said employee and his xxxxxxx within five (5) working days of the occurrence of the incident which gave Rise to the matter in disputesuch request. The supervisor shall address and respond in writing to the Employee’s complaint STEP NO. 3 - At any time within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date meeting referred to in Step No. 2, the aggrieved employee may re-submit his grievance was submitted. The supervisor in writing to the General Manager who shall render arrange a written decision conference with said employee and his xxxxxxx within five (5) working days of such request. At this conference, the meetingaggrieved employee may be accompanied at the option of the employee or the Company by a full time representative of the Union. STEP II: 6.04 If final settlement of the union considers that a satisfactory settlement has grievance is not been reached at Step I, it may, completed within five seven (57) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer after deliberations have commenced at Step I was unsatisfactoryNo. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II3, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedreferred to either party to a Board of Arbitration as provided in Article 7 below, at any time within twenty-on (21) days thereafter, but not later. 6.05 It is understood that the Management may at any time file a grievance with the representative of the Union and request a meeting with him to discuss any complaint with respect to the conduct of the Union, its officers or committeeman, in its relationships with the Company or other employees or with respect to any complaint that there has been a violation of any contractual obligation undertaken by the Union, and that if such grievance by the Management is not settled to the mutual satisfaction of the conferring parties it may be referred to arbitration as set forth in Article 7 below. 6.06 A Union policy grievance, which is defined as an alleged violation of this Agreement, concerning the Union as such or all or substantial number of the employees in the bargaining unit, in regards to which an individual employee could not grieve, may be lodged by the Union in writing with the Management at Step No. 2 of the Grievance Procedure at any time within tow (2) full working days after the circumstance giving rise to such grievance occurred or originated, and if it is not satisfactorily settled it may be processed to arbitration in the same manner and to the same extend as the grievance of an employee. 6.07 The time limits established in this Article may be extended by the mutual agreement in writing of both parties but in no case shall an arbitrator have the power to extend such limits.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern Subject to the provisions of Article XXVI, the Grievance Procedure established by this Article shall be used for the purpose of orderly negotiations between the parties concerning all claims, disputes, or complaint regarding other matters subject to collective bargaining between the parties during the term of this Agreement, whether or not such claims, disputes, or other matters involve the interpretation or application or interpretation of this Agreement. It is the intent of the Collective parties that grievances be resolved as quickly as possible with the Supervisor in the area where the claim, dispute or other matter is brought to the attention of the Company and without the necessity for instituting the written grievance procedure. Employees may take up grievances with their Supervisor either directly or through the Union Xxxxxxx. If the grievance is taken up directly or through the Xxxxxxx and a satisfactory agreement is not reached, a written grievance may be processed in accordance with the grievance procedure as set forth below. If the grievance is taken up by the employee directly with the Supervisor, no adjustment will be made inconsistent with the terms of this Agreement, and he/she shall first address make no adjustment without advising the Union Xxxxxxx. Negotiating grievances at Step One will be the responsibility of the Supervisor for the Company and the Xxxxxxx for the Union. In this regard, Management must be made aware of a possible claim, dispute or other matter within seven (7) calendar days of the employee's and/or Union's knowledge of the claim, dispute, or other matter. Claims, disputes or other matters brought to Management's attention later than seven (7) calendar days will be considered untimely. All verbal grievances should be responded to within seven (7) calendar days, however, any grievance not responded to by the end of seven (7) calendar days from the initial verbal discussion will be granted one (1) seven (7) calendar day extension for purposes of discussion with the Supervisor and/or the surplus group Manager of the area. When agreement has not been reached through verbal discussions or the status of an employee involved in a disciplinary action has changed the Xxxxxxx must be notified and may within seven (7) calendar days of the verbal answer present a written grievance to the Supervisor, setting forth the exact nature of the grievance and the relief requested. The Supervisor will give an answer in writing their concern or complaint with their Immediate supervisor which will include his/her explanation and position. The answer will be provided within two days (Saturday and Sunday excluded) after receipt of the written grievance, but if more time is required the Supervisor will advise the Xxxxxxx in writing, and a decision will be given within five (5) working days after receipt of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A When agreement on the grievance is not reached at Step One, the Committeeperson for the area may appeal the Supervisor’s decision by registration of the grievance for discussion at Step Two. Any grievance not registered at Step Two within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten first fifteen (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (515) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the written Step I reply, submit a written request for a meeting which One answer will be held within five (5) working days considered withdrawn without prejudice. Negotiating grievances at Step Two will be the responsibility of the designated Human Resource Representative for the area and the Area Committeeperson. Generally, grievances will be discussed at Step Two in the order of their registration except as provided below. Upon request, each Committeeperson may have a weekly Step Two meeting with the Vice President appropriate Human Resources, or designateResource Representative. Such request shall state The Area Committeeperson will identify the reason or reasons the answer grievances to be discussed at Step I was unsatisfactoryTwo in the form of an agenda submitted at least ten (10) calendar days in advance of such Step Two meeting. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt date and length of the Step II reply request Two meeting at which the grievances on a particular agenda will be discussed will be fixed by mutual agreement between the Area Human Resource Representative and Area Committeeperson. The Committeeperson may have additional Committeeperson's or Stewards present, not to exceed a combined total of four and the Human Resource Representative may have additional management representatives present, not to exceed a combined total of four. Any grievances not discussed for lack of time in writing a particular Step Two meeting will be discussed at the next Step Two meeting before the grievances on the agenda for that the grievance be referred meeting are taken up (exceptions to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Actthis format are disciplinary grievances). At the request of either party the Supervisor’s Manager will be present at Step Two meetings for the discussion of grievances involving disciplinary actions, charges of discrimination (as defined in Article V), working conditions or safety. Such Step Two meetings will be arranged by the Human Resource Representative based on the mutual availability of the parties. In the discussion of grievances involving disciplinary action or charges of discrimination, at the request of either party, the affected employee and his/her Supervisor will be present. In no event, however, will the total number of persons present for either party exceed a total of four (4). Either party may refer a grievance back to Step One of the grievance procedure not more than one time. Any grievance which is referred back to Step One must be discussed again at Step One within thirty calendar days. Any Step Two grievances not discussed within forty five (45) calendar days (excluding plant shutdown or by mutual agreement) of the date of registration will be considered withdrawn without prejudice. If agreement is not reached at Step Two, the Chairman of the Bargaining Committee may appeal the Step Two decision by registration of the Grievance for discussion at Step Three. Any grievances not registered at Step Three within the first thirty calendar days following the date of the last Step Two discussion of that grievance will be considered withdrawn without prejudice. Negotiating grievances at Step Three will be the responsibility of the Manager of Union Relations (or his/her designated representative) for the Company and the Bargaining Committee for the Union. The Chairman of the Bargaining Committee will identify the grievances to be discussed at Step Three in the form of an agenda submitted at least ten calendar days in advance of such Step Three meeting. Except as provided below, grievances will be placed on agendas in the order of their registration. Two such agendas may be submitted each week. The date of the Step Three meeting at which the grievances on a particular agenda will be discussed will be fixed by mutual agreement of the Manager of Union Relations, or his/her designated representative and the Chairman of the Bargaining Committee at the time the agenda is submitted to the Company. Agendas will consist of not more than twenty grievances. Any grievance(s) not discussed for lack of time in a particular Step Three meeting will be discussed at the next Step Three meeting before the grievances on the agenda for that meeting are taken up. The Chairman of the Bargaining Committee may elect to withdraw grievances registered at Step Three without prejudice. Exceptions to the order of placing grievances on a Step Three agenda may be made at the request of either party for grievances involving disciplinary time off and discharge. In addition, exceptions to the order of placing grievances on a Step Three agenda may be made for other grievances up to a maximum of three grievances per agenda. Either party may refer a grievance back to a lower step of the grievance procedure for further consideration not more than one time. Any grievance which is referred back to a lower step of the grievance procedure must be discussed again in a grievance meeting at the appropriate step of the procedure within thirty calendar days. The Company will furnish a written final position on any Step Three grievances not discussed within twelve (12) months of the date of registration at Third step. Note: The time limits contained within this article apply only to grievances registered on or after June 18, 2007. Grievances registered prior to an arbitration hearing June 18, 2007, will be governed by the parties shall appoint representatives who will confer to determine if respective Collective Bargaining Agreement in affect at the time of registration. PREFERENTIAL PLACEMENT GRIEVANCES A grievance filed on behalf of a resolution candidate for preferential placement under Article XXV which arises solely due to the grievance failure of Company management at a designated location to select such candidate, where such designated location employs no employees represented by the union, may be achievedfiled at the Headquarters level. A grievance filed on behalf of a candidate for preferential placement under Article XXV which arises solely due to the failure of Company management at a designated location to select such candidate, where the candidate's original location has closed, may also be filed at the Headquarters level, provided the grievance arises following the original location's plant closing date. The Company shall give its final decision to the Union in writing within a reasonable time after discussions with the Union and an opportunity to investigate the facts.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern Any complaint alleging violation, misinterpretation or complaint regarding the mis- application or interpretation of the Collective agreement terms of this Agreement relating to rates of pay, wages, hours of work or any other working condition shall first address in be taken up orally by the employee and Xxxxxxx with the employee’s immediate supervisor. (A) If after the above oral discussion has taken place, any such complaint which remains unsatisfied may then be reduced to writing their concern by the Xxxxxxx, on the form provided by the Company and signed by the employee, and shall then constitute a grievance. All grievances identify the Article, Xxxxxx or Clauses of this Agreement which are claimed to have been violated. No grievance will be invalidated for not meeting the requirements of this provi- sion and will be processed on its merits once the grievance has been properly completed. On a group complaint, the Xxxxxxx shall first discuss such complaint with their Immediate supervisor the immediate Supervisor. Either party may request that one or more employees be present during such dis- cussion. If the complaint remains unsatisfied, the Xxxxxxx may then reduce the complaint to writing and signed by the aggrieved employees, it shall then constitute a grievance. It is agreed that when the nature of the complaint is such that the Xxxxxxx requires assistance, may request through the Supervisor, the presence of the Xxxxxxx during such oral discussion. It is agreed and understood that all complaints and griev- ances must be presented within five (5) working days of from the occurrence of time the incident which gave Rise alleged breach became known or should become known to the matter in dispute. aggrieved employee or party. Step I. The supervisor shall address and respond in writing written grievance, as defined above, will be presented by the Xxxxxxx to the Employee’s complaint within Supervisor. Within two (2) working days. Provided an employee has first discussed work- ing days of this presentation, the concern or complaint with their immediate supervisor and is dissatisfied Xxxxxxx shall meet with the supervisor’s responseSupervisor, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to discuss the grievance and the clause or clauses alleged Supervisor will render her decision personally to have violated. 7.01 Grievances the Xxxxxxx, noting conclusion in writing and countersigning the Grievance form. Any settlement of grievances at this step shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedwithout prejudice or precedent. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: Step If the union considers that a satisfactory settlement has not been no agreement is reached at Step I, it may, then within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.two

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding It is the application or interpretation mutual desire of the Collective agreement parties hereto that complaints of employees shall be adjusted as quickly as possible and it is generally understood that an employee has no grievance until has first address in writing their concern or given to his supervisor an opportunity to adjust his complaint, and that such complaint with their Immediate supervisor shall be registered within five (5) two working days of the occurrence alleged circumstances coming to the knowledge of the incident which gave Rise employee. If such complaint is not settled to the matter in dispute. The supervisor shall address and respond in writing to satisfaction of the Employee’s complaint employee concerned within two (2) working days. Provided an employee has first discussed , it may be taken up as a grievance in the concern or complaint with their immediate supervisor following manner and is dissatisfied with A meeting shall be held between the supervisor’s responseaggrieved employee, the employee may file Plant Xxxxxxx, and the Plant Manager or his delegate at which time a written grievancerecord of the grievance shall be submitted and signed by the employee. Failing a within not more than two (2) working days, then; Within five (5) working days following the decision of Step No. I, between the aggrieved employee, the Plant Xxxxxxx and the Plant Manager or other authorized representative of the Company. A grievance full-time staff representative of the Union will attend if requested by either party. Step No. Failing settlement under Step No. and within ten O) days following the meaning decision under Step No. of this Agreement shall be any dispute difference between the parties involving arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration, provided in Article If no written request for arbitration is received within ten days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays, and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Procedure or Article Any and all time limits fixed by this Article and Article shall be considered mandatory and may only be by mutual agreement in writing between the Company and the All grievances will clearly specify decisions arrived at between the circumstances representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee or events giving rise employees concerned. Whenever either party to the Agreement submits a grievance to arbitration, written notice shall be given to the other party formally stating the subject of the grievance and the Agreement clause allegedly violated. Where either party refers a dispute to arbitration the party filing the grievance will submit a list of three arbitrator’s names. If the parties fail to agree upon one of these Arbitrators within the time limit, the Minister of Labour will be requested to appoint an Arbitrator. As soon as the Arbitrator has been selected shall meet and hear the evidence and representations of both parties, and shall render a decision as soon as possible. No person shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or clauses alleged settle the grievance. No grievance shall be considered by the Arbitrator unless it has been properly carried through all previous steps of the grievance procedure. The Arbitrator shall not have jurisdiction to have violatedalter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to give any decisions inconsistent with the terms and provisions of this Agreement, or to deal with any matters not covered by the Agreement. In the case successful grievance involving the suspension or discharge of an employee, the Arbitrator shall be empowered to award full or partial reimbursement, or other adjustment that may be deemed fair and reasonable under the circumstances. Each of the parties hereto will jointly bear the expenses of the Arbitrator, if any. Employees shall attain seniority upon the of three hundred and twenty (320) regular hours (exclusive of overtime). On completion of this period the employee shall be granted seniority retroactively to the first day of his employment. 7.01 Grievances shall (A) An employee who is terminated during the probationary period for reasons of unsuitability or incompetence as assessed by the Employer will not have access to the arbitration procedure. During this probationary period, the employee may be dealt with in discharged, for just cause, without any obligation on the following manner provided such grievances are filed in writing within ten (10) working days part of the response Company to the supervisor.rehire him. An employee shall lose seniority rights when: STEP I: The employee assisted by a Union Xxxxxxx shall meet A. While on lay-off he refuses or neglects to discuss the grievance with the employee’s immediate supervisor report back to work within five (5) working days following days, excluding Saturday and Sunday, from the date the grievance was submitted. The supervisor shall render Company recalls him to work; unless absent for a written decision within five (5) working days reason satisfactory to the Company; He voluntarily quits the employ of the meeting. STEP II: If Company; He is discharged for just cause and not reinstated through the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request grievance or arbitration He is laid-off for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred period up to a single arbitrator to be selected n rotation from the following list maximum of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.eighteen (1 8) months;

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern 1. The Employer agrees that the sole person or complaint regarding persons authorized or having the application or interpretation power to act as agent of the Collective agreement shall first address Union legally with respect to matters arising out of this Agreement or arising out of the relations between the Employer and the Union are the Union‘s Executive Board acting collectively, the duly elected Business Manager of the Union and the duly elected President of the Union, all of whose names will be submitted in writing their concern as hereinafter provided, or complaint with their Immediate supervisor within five (5) working days such substitute or additional persons as the Union may hereafter formally designate by written notice to the Employer. The Union shall not be responsible for the acts of any other persons, including members and employees of the occurrence Union. 2. The Business Manager will select a Xxxxxxx on all jobs. The Employer agrees to recognize and meet with the Xxxxxxx. The authority of the incident which gave Rise Xxxxxxx is limited solely to bringing grievances to the matter in disputeattention of the Union and Employer. As to all other matters, neither the Xxxxxxx nor the employee nor any group of employees shall be deemed an agent of the Union or authorized to bind the Union. The supervisor duties of Stewards on jobs on a fifty (50) man job; the Xxxxxxx shall address be present when new transfers or hires arrive on the job site. He shall have a direct line of communication with the General Xxxxxxx. 3. Neither the Union nor its officers, agents or members shall in any way be held liable for any unauthorized strikes, slowdowns, work stoppages or any other form of action which results in delay or stoppage of work or production, nor will the Union be held liable for any unauthorized acts or activities of its officers, agents or members. The Union will, however, use its best efforts to prevent any of the aforementioned activity. 4. The Employer may, subject to the grievance procedure herein provided, discipline or discharge any employee with respect to such work stoppage, if he is at fault, and respond this shall constitute the Employer‘s sole and exclusive remedy for such action. This clause is the essence of the contract and one of the main considerations motivating the Union in entering into this Agreement, and in the event the Employer or any of its representatives files any action in law or in equity for any of the things herein stipulated, except for action in law or in equity brought by the Employer to compel the performance by the Union with a decision of the Permanent Impartial Arbitrator or his alternate, or a decision of the Joint Conference Committee, or induces or encourages any other person, association or corporation to do the same, this Agreement may be terminated by the Union upon notice in writing to the Employee’s complaint within two (2) working daysEmployer, irrespective of any term or condition, written or implied, in this Agreement. 5. Provided an employee has first discussed It is stipulated and agreed by and between the concern or complaint with their immediate supervisor parties to this Agreement, that by the act of the International Union approving this contract as to form and is dissatisfied with the supervisor’s responsesubstance, the employee may file said International Union, its officers or agents shall not in any manner become a written grievance. A grievance within party to this Agreement, nor is there any duty or obligation imposed upon the meaning International Union, its officers or agents, respecting the terms and conditions of this Agreement in any manner whatsoever. 6. It shall not be any dispute between the parties involving interpretation, application, administration or alleged a violation of this Agreement or of the Agreementno-strike clause if members of the Union refuse to cross a picket line established in accordance with the rules of the Building Trades Council of Atlantic and Camden Counties and Vicinity, the United Association or the Building and Construction Trades Department, AFL-CIO. 7. All grievances will clearly specify and disputes of any kind between any of the circumstances employees covered by this Agreement or events giving rise to the grievance Union and the clause or clauses alleged to have violated. 7.01 Grievances Employers, shall be dealt with adjusted in the following manner provided such grievances are filed in writing within ten (10) working days manner: X. Xxxxxxxxxx and disputes shall first be discussed between the Business Manager of the response Union and the Employer involved. B. In the event that the parties fail to adjust the grievance or dispute within twenty-four (24) hours after it is first brought to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days attention of one of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step Iparties, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance then be referred to a single arbitrator to the Joint Conference Committee (―The Committee‖). The Committee shall be selected n rotation from the following list composed of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.six (6) members, three

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has The Union shall appoint a concern Grievance Committee. The Union shall inform the Employer in writing the names of the Chairman and the Committee. If an employee, group of employees or complaint the Union believes they have been treated unfairly regarding the meaning, interpretation, operation, or application of this Agreement, or interpretation where an allegation is made that this Agreement has been violated or, that an employee has been disciplined, suspended or, discharged without just cause, or where a questions arises as to whether any matter is arbitrable such differences shall be the subject matter of grievance and shall be processed as set forth herein. The Union agrees to bring to the attention of the Collective agreement District Chief, Manager or the General Manager or Operations or Support Services any matter which may lead to the filing of a Grievance. The Halifax Regional Municipalityagrees that the District Chief, Manager or General Manager of Operations or Support Services shall first address meet with the Union in writing their concern or complaint with their Immediate supervisor order to try and resolve any matter prior to a grievance being filed. This meeting shall take place within five seven (57) working calendar days of the occurrence notice of this matter being brought to the attention of the incident which gave Rise to the matter in disputeabove noted management persons. The supervisor above noted management person agrees to give the Union a written answer within seven (7) calendar days of the meeting. The grievance shall address and respond not be brought forward unless the employee submits his grievance in writing to the EmployeeUnion’s complaint Grievance Committee who, after review may submit said grievance to the Deputy Chief Director within two thirty (230) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation calendar days of the Agreement. All grievances will clearly specify the circumstances or events event giving rise to the dispute. (A copy of the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner also provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: Generalist). The employee assisted by Deputy Chief Director shall provide a Union Xxxxxxx shall meet written answer to discuss the grievance with the employee’s immediate supervisor within five seven (57) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working calendar days of the receipt of the Step I replygrievance. If the satisfaction is not obtained through the matter may be referred in writing to the Chief Director of Fire and Emergency Service, submit a written request for who a meeting which will shall be held within five seven (57) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request grievance with the Union’s Grievance Committee shall render a decision within seven (7) calendar days. If satisfactionis not obtained in the grievance shall not be carried forward unless within thirty (30) days of receipt of the answer in the Union gives notice in writing to the Chief Director of Fire and Emergency Service that it intends to submit the grievance be referred matter to a single arbitrator to be selected n rotation from arbitration. Where an answer is not rendered within the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers prescribed time, or as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to otherwise mutually agreed, the grievance may be achieved.processed to the next step of the grievance procedure, the same as if the decision had been rendered. Where a dispute involves a claim by an employee that has been discharged without just cause, a grievance may be initiated at within seven (7) days of the discharge. Under no circumstances shall an employee covered by this Agreement be required to discuss a grievance which has been filed at unless represented by the Grievance Committee or their designate. In the case of a grievance lodged by the employer, the matter may be submitted in writing to the Secretary of the Union within fourteen (14) calendar days of the event giving rise to the grievance, or knowledge thereof. Representatives of the Union Executive shall meet with management in an attempt to resolve the grievance, within days of receipt of the grievance. The Union shall respond in writing within days of the meeting. If the issue remains unresolved, managementmay, within days of receipt of the Union’s response, give notice to the Union Secretary that it intends to submit the matter to arbitration as per Article

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. Complaint Stage‌ 11:01 An employee who has having a concern complaint which may become a grievance arising out of the interpretation, application, administration, or complaint regarding the application or interpretation alleged violation of the Collective agreement Agreement will first take up the complaint within fifteen (15) working days after the occurrence of the matter which is the subject of the complaint with the employee's Supervisor, who will attempt to resolve it. Should the complaint fail to be resolved, the employee has the right to bring a Union Xxxxxxx who may then attempt to solve the complaint with the Supervisor and the employee. If the complaint remains unresolved, the employee may file a grievance at Step One of the Grievance Procedure. 11:02 If the grievance is not resolved at the complaint stage, it shall first address be summarized in writing their concern or complaint with their Immediate supervisor on an employee grievance form (Appendix B) provided by the University, and signed by the employee involved and the employee’s Xxxxxxx, and submitted to the Supervisor by the Union Xxxxxxx. The Supervisor shall give an answer in writing to the Xxxxxxx within five (5) working days after the grievance has been presented in writing. 11:03 If the grievance is not settled at Step One, the written grievance may be referred to the Library Manager Human Resources by the Chief Union Xxxxxxx within five (5) working days after receiving the answer in writing. A meeting shall be arranged between the Department Head and the Chief Union Xxxxxxx within five (5) working days of receiving the occurrence of the incident which gave Rise to the matter in disputegrievance. The supervisor Department Head shall address and respond reply in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Chief Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within as soon as possible but not later than five (5) working days following the date if the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the is not settled at this meeting. STEP II: 11:04 If the union considers that a satisfactory settlement has grievance is not been reached settled at Step ITwo, it maythe written grievance may be referred to the Director of Labour Relations, by the National Representative of the Union, or designate, within five (5) working days of the receipt Chief Xxxxxxx having received an answer in writing from the Department Head. The Director of Labour Relations or designate together with the Chief Librarian or designate shall meet with the National Representative of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, Union or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision designate within five (5) working days of receipt of the meeting. STEP III: If grievance in order to resolve the union considers that a satisfactory settlement was not reached at Step II, it may dispute. The Director of Labour Relations or designate shall reply in writing within five (5) working days if the grievance is not settled at this meeting. 11:05 Any grievance dealing with staff changes, promotions, layoffs, recalls, or the filling of vacancies, may be initiated at Step Two of the grievance procedure. 11:06 Any grievance dealing with transfers or re-locations caused by a technological change may be initiated at Step Two of the grievance procedure. 11:07 Any grievance alleging improper classification may be initiated at Step 3 of the Grievance Procedure. 11:08 Any settlement of a grievance under the aforesaid provisions shall be limited to the period of time actually worked from the date of the filing of the grievance. Effective on January 1, 2016, any settlement of a grievance under the aforesaid provisions shall be limited to the period of time actually worked from the date on which the formal request for reclassification was submitted to the Manager of Library Human Resources in accordance with Appendix E: Job Evaluation, Paragraph 3 (p). 11:09 An employee having a grievance alleging improper discipline may file the grievance at Step 2 (Two) of the grievance procedure within fifteen (15) working days after receipt of the Step II reply request in writing that the grievance be contact form referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedArticle 9:01.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An Provided "Step One" of this section is taken by the employee who has a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of after the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern alleged circumstances originated or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration occurred or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) days after the same was discovered, a grievance of an employee or a joint grievance of any group of employees shall be presented to the Company in the following manner. 1. If an employee shall consider that he has any grievance against the Company arising out of the terms of this Agreement, an xxxxxxx effort shall be made to adjust such grievance as quickly as possible by successive steps as follows: 2. Between the employee and their Xxxxxxx within three (3) working days following days, the date Department Xxxxxxx may be present at this meeting if the grievance was submittedemployee so desires. If the decision of the xxxxxxx is not considered satisfactory by the employee, the matter may be dealt with more formally as follows: 3. The supervisor shall render a written decision within five (5) working days grievance of the meetingemployee shall be stated in writing on a standard form supplied by the Union and signed by the employee and the Xxxxxxx concerned. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, 4. The grievance shall then be referred within five six (56) working days of the receipt of the Step I reply, submit a written request for a meeting which Xxxxxxx’x decision to the Shop Superintendent who will be held within five (5) working days discuss the matter with the Vice President Human Resourcesparties concerned, or designate. Such request shall state including the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources Department Xxxxxxx and shall render a decision within five two (2) working days. 5. If the decision does not dispose of the grievance, one copy of the grievance form will be forwarded to the Local Union office by the Department Xxxxxxx and a further meeting will be scheduled between the Union Business Agent, the Management and the Shop Committee. If the grievance is not settled within ten (10) working days as a result of the meeting. STEP III: If the union considers that meeting referred to above, then any grievance dealing with a satisfactory settlement was not reached at Step IIviolation, it may within five (5) working days misinterpretation, or non-application of the receipt of the Step II reply request in writing that the grievance Agreement may be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the arbitration at request of either party party. 6. i) In all cases of discharge and prior to an arbitration hearing discipline, a Union Xxxxxxx shall be present with the parties shall appoint representatives who will confer to determine if employee affected provided a resolution to the grievance may be achievedxxxxxxx is available.

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. Complaint Stage‌ 11:01 An employee who has having a concern complaint which may become a grievance arising out of the interpretation, application, administration, or complaint regarding the application or interpretation alleged violation of the Collective agreement Agreement will first take up the complaint within fifteen (15) working days after the occurrence of the matter which is the subject of the complaint with the employee's Supervisor, who will attempt to resolve it. Should the complaint fail to be resolved, the employee has the right to bring a Union Xxxxxxx who may then attempt to solve the complaint with the Supervisor and the employee. If the complaint remains unresolved, the employee may file a grievance at Step One of the Grievance Procedure. Step One‌ 11:02 If the grievance is not resolved at the complaint stage, it shall first address be summarized in writing their concern or complaint with their Immediate supervisor on an employee grievance form (Appendix B) provided by the University, and signed by the employee involved and the employee’s Xxxxxxx, and submitted to the Supervisor by the Union Xxxxxxx. The Supervisor shall give an answer in writing to the Xxxxxxx within five (5) working days after the grievance has been presented in writing. Step Two‌ 11:03 If the grievance is not settled at Step One, the written grievance may be referred to the Library Manager Human Resources by the Chief Union Xxxxxxx within five (5) working days after receiving the answer in writing. A meeting shall be arranged between the Department Head and the Chief Union Xxxxxxx within five (5) working days of receiving the occurrence of the incident which gave Rise to the matter in disputegrievance. The supervisor Department Head shall address and respond reply in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Chief Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within as soon as possible but not later than five (5) working days following the date if the grievance was submittedis not settled at this meeting. The supervisor shall render a Step Three‌ 11:04 If the grievance is not settled at Step Two, the written decision within five (5) working days grievance may be referred to the Director of Labour Relations, by the National Representative of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step IUnion, it mayor his/her designate, within five (5) working days of the receipt Chief Xxxxxxx having received an answer in writing from the Department Head. The Director of Labour Relations or his/her designate together with the Chief Librarian or his/her designate shall meet with the National Representative of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, Union or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision his/her designate within five (5) working days of receipt of the meeting. STEP III: If grievance in order to resolve the union considers that a satisfactory settlement was not reached at Step II, it may dispute. The Director of Labour Relations or his/her designate shall reply in writing within five (5) working days if the grievance is not settled at this meeting. Staff Changes Grievance‌ 11:05 Any grievance dealing with staff changes, promotions, layoffs, recalls, or the filling of vacancies, may be initiated at Step Two of the grievance procedure. Technological Changes Grievance‌ 11:06 Any grievance dealing with transfers or re-locations caused by a technological change may be initiated at Step Two of the grievance procedure. Job Classification Grievance‌ 11:07 Any grievance alleging improper classification may be initiated at Step 3 of the Grievance Procedure. 11:08 Any settlement of a grievance under the aforesaid provisions shall be limited to the period of time actually worked from the date of the filing of the grievance. Effective on January 1, 2016, any settlement of a grievance under the aforesaid provisions shall be limited to the period of time actually worked from the date on which the formal request for reclassification was submitted to the Manager of Library Human Resources in accordance with Appendix E: Job Evaluation, Paragraph 3 (p). Discipline Grievance‌ 11:09 An employee having a grievance alleging improper discipline may file the grievance at Step 2 (Two) of the grievance procedure within fifteen (15) working days after receipt of the Step II reply request in writing that the grievance be contact form referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedArticle 9:01.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding The Company and the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise Union agree that it is desirable to process and attempt to settle any grievance related to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, applicationapplica- tion, administration or alleged violation of this Agreement as promptly as practicable. a) An employee who believes that the AgreementAgreement has been violated with respect to himself or who feels he has been unjustly disciplined, should discuss his complaint with his supervisor as soon after it originated as possible. All Recognizing the importance of full discussion between the employee and his in clearing up any misunderstandings and maintaining harmonious relationships, the supervisor will investigate the employees’ complaint and every effort will be made at this time to settle it. The Company agrees to meet any of its employees their representatives, for the purpose of discussing grievances will clearly specify or com- plaints with the circumstances or events giving rise to object of reaching a satisfactory solution. In the grievance event of any meeting between any and the clause or clauses alleged Company representatives that occurs during his (their) regular working hours, such time shall be considered as time worked for those Such meetings shall be held at a mutually agreeable time. The parties agree to have violated. 7.01 Grievances shall regard for the efficiency of the opera- tion in schedulingthese meetings in both their frequency and length. After discussion, should a complaint not be dealt with sat- isfactorily resolvedan honest effort will be made to resolve the outstanding in the following manner provided such grievances are filed in writing within ten fol- lowing manner: Within nine (109) working days of the response event or circum- stances upon which the grievance is based, the Shop Xxxxxxx from the immediate area must present the grievance in writing to the supervisor. STEP I: . If the Shop Xxxxxxx or his alternate from the immediate area is unavailable, the employee may utilize a Shop Xxxxxxx from the next closest area. The employee assisted by a Union Xxxxxxx shall meet to supervisor, together with another man- agement representative, will discuss the matter with the employee and the Shop Xxxxxxx. The supervisor will provide a written answer within nine (9) days of the grievance having been presented to him. Failing a satisfactory answer, the grievance may be processed to Step within nine (9) days of receipt of the answer from the supervisor. However, if the grievance is not advanced to next step within the prescribedtime limits or agreed upon extension, the grievance shall be deemed abandoned. Within nine (9) days of receipt of the supervisor’s written reply, the grievance must be presented in writing to the General Xxxxxxx, or his designate. The General Xxxxxxx, or his designate, accom- panied by other management representatives will discuss the matter with the employee’s immediate supervisor within five (5) working days following , stew- ard and a member of the date the grievance was submittedGrievance Committee. The supervisor shall render General Xxxxxxx or his designate will pro- vide a written decision within five nine (59) working days of the meeting. STEP II: If the union considers that grievance being presented to him. Failing a satisfactory settlement has not been reached at Step Isat- isfactory settlement, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedprocessed to Step within nine (9) days of receipt of the written decision. However, if the grievance is not advanced to the next step, with- in the prescribed time limit or agreed upon extensions, the grievance shall be deemed to be abandoned. The Department Head, or his designate, accom- panied by other management representatives will discuss the matter with the employee, xxxxxxx, Grievance Committee member, the Grievance Committee Chairperson, the Local Union President, and, if requested by the Union, the National Representative (or his designate). provide a written decision within nine (9) days of the grievance being presented. Failing a satis- factory settlement, the grievance may be referred to arbitration within thirty (30) calendar days of receipt of the written decision. However, if the grievance is not advanced to arbitration within the prescribed time limits or agreed upon extensions, the grievance shall be deemed abandoned. In the event that Step has failed to provide a satisfactory settlement and prior to the matter being referred to arbitration, the Union President and the Grievance Chairperson (or their designates) may meet with the Mine Manager or his designate and other Company representatives without prejudice, in an attempt to resolve the matter. The purpose of this meet- ing is to explore possible solutions to the dispute not discussed at previous steps of the grievance procedure. If requested by the Union, the National Representative (or his des- ignate) also may attend this meeting. Grievances, alleging violations which directly involve more than one employee and which are sufficiently common in nature that they may be conveniently dealt with together, may be sub- mitted as one grievance, signed by the employees concerned within nine (9) days of the event or circumstance upon which it is based. The grievance should be submitted to the supervisory level that has jurisdiction over the employees affected and at the appropriate grievance step. If it is alleged that an employee has been dis- charged or suspended without just cause the grievance shall start at Step Any difference, arising between the Union and the Company as to the application, interpreta- tion or administration of the Agreement, or as to whether it is arbitrable, may be submitted in writing by either Party to the other at Step within nine (9) days of either party becoming aware of the event or circumstances upon which it is based. Where the expression “days” is used in this Article, it shall mean calendar days. Where a statutory occurs within the nine (9) day time limit expressed, the time limit will be extend- ed in order to exclude the statutory The time limits in this Article are established to expedite the resolution of differences and, as such, are matters of substance, but not absolute. They may be extended by mutual agreement in writing between the parties. The provision of section of the Labour Relations Code of British Columbia is specifi- cally excluded from this collective agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. (1) Recognising the value and importance of full discussions in clearing up misunderstandings and preserving harmonious relations, every reasonable effort shall be made by both the Company and the Union to dispose of any suggestions, enquiries or complaints from employees at the lowest possible level. (2) An employee who wishes to raise a grievance shall within seven working days of its arising bring the matter to the attention of his supervisor in charge of his department. (3) If on the expiry of seven working days after an employee has a concern or complaint regarding brought the application or interpretation grievance to the attention of his supervisor as provided in sub-clause (2) above, the employee concerned feels the grievance has not been adequately considered, the employee may then bring the matter to the attention of the Collective agreement Head of his department and may at this stage if he wishes be accompanied by a Union Branch Chairman in the Company’s employ. (4) The grievance shall first address in writing their concern or complaint with their Immediate supervisor then be considered by the Head of Department who shall give his decision within five (5) seven working days of the occurrence grievance having been reported to him under sub- clause (3) above. (5) If the employee concerned feels the grievance in sub-clause (4) above has not been properly considered, the matter shall be discussed between the Company and the Union. (6) The decision of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise Company relating to the grievance and shall then be given to the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing Union within ten (10) seven working days (or at such later date as may be mutually agreed) of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance being discussed in accordance with the employee’s immediate supervisor within five sub-clause (5) above. (7) Any grievance whatsoever shall not be considered a grievance for the purposes of this clause after seven working days following have elapsed from the date on which the alleged grievance was submitted. The supervisor shall render a written decision within five (5) working days of occurred should no action be taken by the meetingaggrieved party to lodge his grievance. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding 24.01 Every effort will be made to resolve differences before grievances are filed. Failing that, the application or interpretation 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 Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of employees from the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving 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 grievances, in order to settle them as quickly as possible, will clearly specify have to be submitted to the circumstances or events giving Company representative within fourteen (14) calendar days of the occurrence of the incident which gave rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with as hereinafter provided. Every reasonable effort will be made to schedule Step 1 and 2 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 the following manner provided such grievances are filed in writing within ten (10) working days all steps of the response to the supervisorgrievance procedure. STEP I: The 24.02 Step 1 -- Any employee assisted with a personal grievance must take the matter up with his front line supervisor accompanied by a Union Xxxxxxx xxxxxxx of his choice from his own department. Consistent with the parties' intent to empower stewards and supervisors, Step 1 resolutions will be made without prejudice or precedent. 24.03 Step 2 -- Failing satisfactory settlement within seven (7) calendar days after presentation at Step 1, the chief xxxxxxx and/or xxxxxxx shall meet with the department superintendent and present the case to discuss him with the griever, if desired. Such meeting with the department superintendent shall take place within seven (7) calendar days of completion of Step 1. 24.04 Step 3 -- Failing satisfactory settlement within seven (7) calendar days after Step 2, 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 2. The Union representative or 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. 24.05 Step 4 -- If settlement is not made within seven (7) calendar days under Step 3, the Grievance Committee may refer the grievance to an Arbitration Board within thirty (30) calendar days after the answer in writing in Step 3 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. 24.06 Grievances other than a personal grievance that concern the interpretation, application, administration or alleged violation of the provisions of this Agreement may be initiated by the Union and shall be resolved in accordance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days provisions of the meetingthis article beginning at Step 3. STEP II: If (a) Personal grievances shall be presented in writing to the union considers that a satisfactory settlement has not been reached at department superintendent in Step I, it may, within five 2 in Article 24.03. (5b) working days of the receipt of The department superintendent's reply to the Step I reply2 grievance shall be in writing. (c) Grievances other than personal grievances shall be presented in writing by the Grievance Committee to the appropriate manager in Article 24.06. 24.08 If it should be found inexpedient to carry out promptly the clauses of this article, submit due to absence of a written request for Company official from the vicinity, a meeting which will substitute may be held within five (5) working days appointed by the Company with the Vice President Human Resourcesfull power to effect settlement of grievances, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days step of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it grievance procedure in which said official is concerned may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation eliminated from the following list procedure. See Letter of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.Understanding #19 - Grievance Procedure

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has It is the intention of the parties that this procedure provide a concern just and peaceful method of adjusting and the parties agree to act in good faith in settlement of grievances in accordance with the provisions of this Article. Any complaint, disagreement, or complaint regarding difference of opinion between the Company and the Union or the Employees covered by this Agreement which concerns the application or interpretation of the Collective agreement terms and provisions of this Agreement, shall first address be considered a grievance. Any Employee, the Union or the Company may present a grievance. A grievance concerning a dismissal shall be submitted at Step A policy grievance filed on behalf of the Union or the Company shall be submitted at Step of the grievance procedure. Any grievance which is not presented within ten (10) working days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved parties. Any Employee having a complaint may orally discuss the matter with a Supervisor. Should such discussion not result in a satisfactory resolution of the problem, the following steps will be followed: Step 1: The Employee and hisher Shop Xxxxxxx shall submit hisher formal grievance in writing their concern to immediate supervisor, who shall reply in within days. If a satisfactory settlement cannot be reached, or complaint if there is no supervisory position at the Branch then; Step 2: Within five (5) working days of receiving the decision under Step or in the absence of a supervisor, the Employee with their Immediate supervisor hisher Shop Xxxxxxx shall submit the grievance in to the Branch Manager or Hub Operations Manager, who shall give reply within five (5) working days in writing. If a satisfactory settlement cannot be reached, then; Step 3: Within ten (10) working days of receiving the decision under Step the grievance shall be referred to the local shop xxxxxxx who shall submit it to the regional manager or designate in writing. If requested by either party, a meeting will be held to discuss the grievance and the national representative may be present at this The regional manager or designate will reply within ten days. Failing a satisfactory settlement cannot be reached within ten (10) days, then the grievance may then be referred to a Board of Arbitration as established in article of this agreement. The time limitations prescribed in Article may be extended, but only by mutual consent of both parties in writing. Where a grievance is not processed by the Union or the Company within the prescribed step or time limits, it shall be considered dropped and all rights of recourse will be forfeited. Where a decision with respect to such grievance other than one for unpaid wages is not rendered by the appropriate Company Officer the prescribed time limits, the grievance be processed to the next step in the grievance procedure. When the appropriate officer of the Company fails without valid reason to render a decision with respect to a claim for unpaid wages within the prescribed time limits, that claim will be paid within three (3) working days if the claim is greater than one day’s pay. The application of this rule shall not constitute an interpretation of the Collective Agreement. Investigations in connection with any matters that may result in discipline will be held as quickly as possible. Investigations in connection with any matters that may result in a suspension or dismissal excluding those that are the result of discipline will require that the employee be provided with written notification of the nature of the investigation. Said notice will be given five (5) working days of the occurrence Company having knowledge of the incident occurring. In extenuating circumstances, the Company may request of the Union a time extension which gave Rise will not be unreasonably denied. An Employee may be held out of service for investigation. An Employee may if so desires, have the assistance of one or two fellow Employees, or Local Xxxxxxx or authorized committee person of the Union, at the investigation. Upon request, the Employee being investigated shall be furnished with a copy of own statement, if it is made a matter of record at the investigation. The decision will be rendered within twenty-one (21) calendar days the Company first aware of the incident, unless the cannot be completed in period. this event the Company will request agreement of the Union to an extension of the investigation period and such request shall not be unreasonably denied. An Employee may be held out of service pending the rendering of a decision. If it is determined there was no just cause to be held out of service, will be paid for all time held out of service. Such payment will be made within three (3) working days. Any Employee shall be allowed to inspect own disciplinary file in the presence of the Company, normal business hours. Any officer of the Union, on behalf of the Employee, may accompany the Employee to inspect own disciplinary file subject to the matter in disputewritten authorization of the Employee. The supervisor A copy of all disciplinary notices to any Employee covered by this Agreement shall address and respond in writing be forwarded to the Union Chief Xxxxxxx for perusal. Any reprimand notices or disciplinary measures will be withdrawn from the Employee’s complaint within 's file after one (1) year except if there is a recurrence of a same or similar infraction that one (1) year. Any violations concerning a criminal or civil offence will remain on disciplinary record indefinitely. Discipline on matters affecting driving records will be withdrawn two (2) working daysyears. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied Any meeting necessary to comply with the supervisor’s response, the employee may file a written grievance. A formal grievance within the meaning provisions of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which Article will be held within five during normal hours at no loss of pay to the Employees concerned. The Shop Chairperson shall be compensated at regular rate of pay for all time spent in excess of (1 5) working days with minutes. Any Employee, subject to discipline, may have the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactoryattendance of Union representative. The V.P. Human Resources Company will arrange for a representative to be present if requested by the Employee. No Employee shall render be required to enter the offices of a decision within five (5) working days Supervisor for disciplinary purposes or receive a letter of warning the same without the presence of a member of the meetingGrievance Committee Shop Xxxxxxx or Local Chairperson). STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. (a) Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this contract, which concerns the interpretation or application of the terms and provisions of this contract, shall be considered a grievance. Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within thirty (30) calendar days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party. This provision shall not be used to deny any employee his or her rights under the Provincial Labour Statutes. Shop Stewards will be present whenever an employee receives a written reprimand, suspension or discharge. An employee shall have the right to have a Shop Xxxxxxx present when he receives a verbal reprimand. The Employer may also require the presence of a Xxxxxxx for the verbal reprimand. The Employer must inform the employee that he has the right to have a shop xxxxxxx present for meetings surrounding driving infractions. (b) The Steps of the Grievance Procedure shall be as follows: An employee who has a concern or complaint regarding grievance will ordinarily discuss the application or interpretation matter with his/her immediate supervisor and if the matter is not resolved in that discussion, he/she may refer the question to his/her Xxxxxxx for consideration. However, should the nature of the grievance be such that the employee prefers to refer it to his/her Xxxxxxx first, then he/she may do so. If there is a potential violation of the Collective agreement Agreement, the employee will raise the issue with the Shop Xxxxxxx in his/her department. The Shop Xxxxxxx will then raise the issue with the Supervisor of the Department. This step will be in a verbal manner and a discussion will take place to try to resolve the issue before it becomes a written grievance. Issues related to employee scheduling will be considered a priority. The Shop Xxxxxxx shall first address in writing their concern or complaint discuss the matter with their Immediate supervisor within five (5) working days the Supervisor of the occurrence Department giving rise to the grievance. If the matter remains unresolved, a written grievance may be filed and submitted to the Manager of the incident which gave Rise to the matter in disputeDepartment. The supervisor shall address and Manager will respond in writing to the Employee’s complaint grievor and the Shop Xxxxxxx within two (2) working days. Provided an employee has first discussed the concern days as to resolution or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation denial of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violatedgrievance. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern Any dispute between the parties over the interpretation or complaint regarding the application or interpretation of any of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning provisions of this Agreement shall be any dispute 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 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 parties involving interpretation, application, administration aggrieved employee and his supervisor or alleged violation of his designate and a Union xxxxxxx to discuss the Agreementgrievance. All grievances will clearly specify the circumstances The employee's supervisor or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances designate shall be dealt with in the following manner provided such grievances are filed in writing give his written decision within ten (10) working calendar days of the response to the supervisor. STEP I: The employee assisted by a Union xxxxxxx. In the event the grievance is not settled in the manner set forth in Step the Union Xxxxxxx shall meet to discuss forward the grievance with to the employee’s immediate supervisor Manager or designate within five seven (57) working calendar days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactoryAt step of the grievance procedure, where there is a chief xxxxxxx, shall be present, not the Division Union xxxxxxx. The V.P. Human Resources Branch manager or their designate shall render a decision give written answer to the grievance within five seven (57) working 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 meeting. STEP III: If Agreement. Such request for arbitration must be made within fifteen (15) calendar days after receipt of the union considers 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 a satisfactory settlement was not reached at Step IIthe Union has failed to abide by or fulfill any provision of this Agreement, it may within five (5) working days present such claim to the Union in writing. If the parties are unable to settle such dispute, the Employer may appeal to arbitration in accord with Article It is intended that the time limits as set forth in this Article be strictly adhered to. Such time limits may be extended upon mutual written Agreement of the receipt parties. If the or the Union does not process a grievance within the time provided under Article or the grievance shall be deemed to have been withdrawn and is not arbitrable under Article of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedAgreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An Any dispute, grievance or a (hereinafter called “grievance”) involv- ing occupational classification, wages, seniority, hours of work or other working conditions which any employee who has or group of employees may desire to discuss and adjust with the Company, shall be handled in accordance with the provisions of this Article. While an employee may discuss a concern or complaint regarding grievance with his/her resource (xxxxxxx) at any time, a request for retroactive adjustment need not be entertained by the application or interpretation of Company unless the Collective agreement shall first address grievance is presented in writing their concern or complaint with their Immediate supervisor within five (5) working thirty days of the occurrence date of the incident which gave Rise rise to the matter in disputegriev- ance. Any grievance shall be deemed to have been withdrawn if, after a written answer has been given at any Step, more than thirty days have elapsed before the grievance is carried to the next Step. The supervisor employee shall address 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 respond 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 Employee’s complaint within two (2) working daysSite Manager or delegate. Provided an employee has first discussed the concern or complaint with their immediate supervisor The Union Bargaining and is dissatisfied Grievance Committee may then discuss it with the supervisor’s responseSite Manager or delegate at a time to be agreed upon. If the Site Manager or delegate does not settle the matter to the satisfaction of the Union Bargaining and Grievance Committee with- in eight weeks after the grievance has been submitted under this step, the employee provisions of Article XIII may file a written grievancebe invoked. A All decisions arrived at by agreement with the Site Manager, or delegate, and the Union Bargaining and Grievance Committee with respect to any grievance within the meaning of this Agreement 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 dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise personal griev- ance to the grievance and the clause or clauses alleged to have violatedCompany. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation of this Agreement are agreed that it is of the Collective agreement utmost importance to adjust complaints and grievances and as quickly as possible. No shall first address be considered: which usurps the of management, as set out in writing their concern this Agreement or complaint with their Immediate supervisor within where the circumstances giving rise to it occurred or originated more than five (5) full. working days before the filing of the occurrence of the incident which gave Rise to the matter in disputegrievance. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working daysIt is understood that. Provided an employee has first discussed no grievance until the concern or complaint with their matter has been referred to her immediate supervisor and an opportunity has been given adjust the complaint. It is dissatisfied further agreed that should the complaint result from disciplinary action. to be taken against the individual the assistance of the departmental- xxxxxxx may be obtained if as requested by the employee. If an employee or group of employees has an unsettled com- plaint it may be taken up as a grievance five full days in the following manner and sequence: Step No. the aggrieved employee or employees who may request the assistance of her departmental xxxxxxx, with her immediate The shall be submitted in writing and a satisfactory settlement, then; at which time the supervisor’s responsewritten record of the grievance shall be and the decision given in writing within not more than five full days after receipt of the ‘written Failing satisfactory then: Within five full. days following the decision under Step No. the Union may submit the grievance to Step A meeting will be held within five days after the receipt of the written record of the grievance, between a sub-committee composed of not more than three members of the Com- mittee Director of or any person or persons designated him and a decision shall be given in w i t h i not more than days after such meeting. An representative of the Union shall be entitled to be present at this step. It is agreed that if the party filing the grievance does not process it from one step to the next within the time stated, the employee may file a written will be considered dropped by the party the grievance. A grievance within the meaning of this Agreement shall be any dispute Any difference arising directly between the parties involving Hospital and the Union as to the interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance O f this may be submitted in writing by either party at Step and the clause procedure provided thereby shall appropriately apply to both parties. Whenever any difference arising from the interpretation, ion, administration or clauses alleged violation of this Agree- ment including any quest ion as to have violated. 7.01 Grievances shall whether a matter is cannot be dealt with in settled within five days after it has been discussed at the following manner meeting at Step No. between the Union com- mittee and the representatives, such difference, or may be submitted to arbitration as hereinafter provided such grievances are filed if the request is made in writing within ten (10) working days after the is given in Step No. as set out in Paragraph However, it is expressly understood that the provisions of this may not be used by the Union to institute a com- plaint. or directly an employee which such employee could herself institute and the regular grievance pro- cedure shall not be thereby bypassed. It is understood that the Hospital may forward at any meeting held with the Union Administrative Committee any complaint with respect to the conduct of the response Union, its officers or Committee member or members, and that if such complaint is not settled to the supervisor. STEP I: mutual satisfaction of the conferring parties, it may be treated as a grievance and referred directly to arbitration in the same way as the of an employee. ‘to ARBITRATION When either party requests that a grievance be submitted to the request shall be in writing addressed to the other party of the Agreement, and shall contain the name the nominee to the Board of the party requesting arbi- tration. The employee assisted by a Union Xxxxxxx recipient of the notice shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following thereafter notify the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days other party in writing of the meeting. STEP II: If name of its nominee to the union considers Arbitration ‘The two nominees shall. endeavour within ten days to agree third member and Chairman of the Arbitration and is that the two nominees fail to agree upon a satisfactory settlement Chairman, the Chairman shall be appointed by the Ontario Labour Management Arbitration Commission. No matter may be submitted to Arbitration which has not been reached at Step I, it may, within five (5) working days properly carried through all previous steps of the receipt Griev- ance Procedure. Each of the Step I replyparties to Agreement: shall bear the fees and expenses of their own nominee and and the fees and of the Chairman shall be shared equally between the parties. The Board of ion shall not be empowered to make any decision with the provisions of this Agreement, submit a written request for a meeting which nor shall they alter, modify or amend any part of this Agree- The decision of the majority the Arbitration Board shall he final and on both parties as well as upon all employees affected, but in the event there is no decision of the Chairman shall then be the the Board. At any stage of the Grievance Procedure including Arbi- the parties may have the assistance of the employee or employees concerned as witnesses and any other necessary wit- nesses. reasonable arrangements will be held within five (5) made to permit the parties or the Arbitrator to have. access to any part of Hospital to view any working days conditions which may be relevant to the settlement of grievance. The time fixed both the grievance and t ion procedures may be extended by consent of the parties to this The Hospital and the Union may by written agreement in respect to any grievance named Umpire for the Board of Arbitration provided for herein and the shall possess the same powers and be subject. to the same t ions as the Board of Arbitration. statement. of such grievance is lodged by the employee with the Vice President Human ResourcesDirector Personnel or her deputy of The Hospital five days after the employee ceases to work for the Such grievances shall be taken up at a special meeting three members of the Union Administrative Committee, and the Union Business Agent. Such special may be settled by confirming the Hospital’s in dismissing the employee, or designate. Such request shall state by reinstating the reason employee with compensation for time lost, or reasons by other arrangements which are just and equitable in the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days opinion of the meetingconferring parties. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has 3.01 It is the intention of the parties that this procedure provide a concern just and peaceful method of adjusting grievances and the parties agree to act in good faith in settlement of grievances in accordance with the provisions of this Article. 3.02 Any complaint, disagreement, or complaint regarding difference of opinion between the Company and the Union, Hourly Employees, or Owner Operators covered by this Agreement, which concerns the application or interpretation of the Collective agreement terms and provisions of this Agreement, shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days be considered a grievance. 3.03 Any Hourly Employee, Owner Operator, member of the occurrence of Union or the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee Company may file present a written grievance. A grievance within the meaning concerning a dismissal, or termination of this Agreement contract, shall be any dispute between the parties involving interpretation, application, administration or alleged violation submitted at Step 3. A policy grievance filed on behalf of the Agreement. All grievances will clearly specify Union or the circumstances or events giving rise to Company shall be submitted at Step 3 of the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing procedure. Any grievance which is not presented within ten (10) working days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved parties. 3.04 Any Hourly Employee or Owner Operator having a complaint may orally discuss the matter with a Supervisor. Should such discussion not result in a satisfactory resolution of the response to problem, the supervisor.following steps will be followed: STEP IStep 1: The employee assisted by a Union Hourly Employee or Owner Operator and his/her Shop Xxxxxxx shall meet submit his/her formal grievance in writing to discuss the grievance with the employee’s his/her immediate supervisor Supervisor, who shall reply in writing within five (5) working days. If a satisfactory settlement cannot be reached, or if there is no supervisory position at the Branch then; Step 2: Within seven (7) working days following of receiving the date decision under Step 1, or in the absence of a Supervisor, the Hourly Employee or Owner Operator with his/her Chief Xxxxxxx or designate shall submit the grievance was submittedin writing to the Branch Manager or Hub Operations Manager, who shall give his/her reply within seven (7) working days in writing. If a satisfactory settlement cannot be reached, then; Step 3: Within ten (10) working days of receiving the decision under Step 2, the grievance shall be referred to the Local Representative who shall submit it to the Regional Operations Director or designate in writing. If requested by either party, a meeting will be held to discuss the grievance and the National Representative may be present at this meeting. The supervisor Regional Operations Director or designate will reply within seven (7) working days. If a satisfactory settlement cannot be reached within twenty (20) working days, then the grievance may then be referred to a single Arbitrator as established in Article 4 of this agreement. 3.05 The time limitations prescribed in Article 3 may be extended, but only by mutual consent of both parties in writing. 3.06 Where a grievance is not processed by the Union or the Company within the prescribed steps or time limits, it shall be considered dropped and all rights of recourse will be forfeited. Where a decision with respect to such grievance other than one for unpaid wages/invoices is not rendered by the appropriate Company Officer within the prescribed time limits, the grievance will be automatically be escalated to Step 3. When the appropriate officer of the Company fails without valid reason to render a written decision with respect to a claim for unpaid wages/invoice amount within the prescribed time limits, that claim will be paid within three (3) working days if the claim is greater than one (1) day’s pay/invoicing. The application of this rule shall not constitute an interpretation of the Collective Agreement. 3.07 The following procedures will apply when discipline is contemplated: a) The Employee will be notified of the charges as soon as the Company is prepared to present them. The Unit Chairperson shall be notified at the same time. b) When the Union and the Employee(s) are notified of the charge(s) as per 3.07 a) above, an investigation into the allegations shall be scheduled within five (5) working calendar days (excluding Saturdays, Sundays and Statutory Holidays) of the meetingcharge(s) being presented. STEP II: c) When possible, the Union and the Employee will be given at least twenty-four (24) hours notice of the hearing and in addition will be given a complete outline of all charges and evidence known at least twenty-four (24) hours prior to the hearing. After the initial hearing, further evidence relevant to the investigation or issues in dispute will be provided within twenty four (24) hours of the company becoming aware of such evidence. d) The Employee may be held out of service for serious incidents, pending an investigation, until the time of the hearing. In determining whether to hold the Employee out of service, the Employer will consider the nature of the alleged infraction(s). A decision to hold an Employee out of service without pay is subject to the grievance procedure after either discipline is levied or the file is closed. If the union considers that a satisfactory settlement has not been reached at Step Iit is determined there was no just cause to be held out of service, it mayhe/she will be paid for all time held out of service for an Hourly Employee, or, all lost income for an Owner/Operator. Such payment will be made within five three (53) working days. e) A Xxxxxxx or designate will be present at the investigatory hearing along with the Employee. f) Any known witnesses and/or known evidence will be called by either party at the hearing and such witnesses will be paid for their attendance at applicable rates. g) A decision will be rendered by the company within seven (7) calendar days following the hearing. h) Either party may request an extension of the receipt time limit(s) outlined above and such requests shall be in writing and shall not be unreasonably withheld. i) Violations of this procedure may render any resulting discipline null and void. 3.08 Any Hourly Employee or Owner Operator shall be allowed to inspect his/her own file in the presence of the Step I replyCompany, submit during normal business hours. Any officer of the Union, on behalf of the Hourly Employee or Owner Operator, may accompany the Hourly Employee or Owner Operator to inspect his/her own file subject to the written authorization of the Hourly Employee or Owner Operator. With the Hourly Employee/Owner Operator’s consent the Company will forward relevant information from an Hourly Employee’s/Owner Operators file as requested to the Local Chairperson. 3.09 A copy of all disciplinary notices to any Hourly Employee or, contract violations, contract terminations, or warnings to any Owner Operator covered by this Agreement shall be forwarded to the Union Chief Xxxxxxx for perusal. 3.10 Any reprimand notices or disciplinary measures will be withdrawn from the Hourly Employee’s/Owner Operator’s file after one (1) year except if there is a written request for recurrence of a same or similar infraction within that one (1) year. Documents concerning a criminal or civil offence will be retained on file indefinitely, and may affect continuation of the Business Agreement. Discipline on matters affecting driving records will be withdrawn after two (2) years. 3.11 Any meeting which necessary to comply with the formal grievance provisions of this Article will be held within five (5) during normal working days with the Vice President Human Resources, hours at no loss of pay to Hourly Employees or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactoryOwner Operators concerned. The V.P. Human Resources Shop Xxxxxxx/Local Chairperson shall render be compensated at his/her regular rate of pay for all time spent in excess of fifteen (15) minutes. 3.12 Any Hourly Employee or Owner Operator subject to discipline will have the attendance of his/her Union representative. The Company will arrange for a decision within five (5) working days representative to be present. If the Hourly Employee or Owner Operator does not want a Union Representative present, the Hourly Employee or Owner Operator will sign a waiver ` stating that they have waived their rights to Union representation. No Hourly Employee or Owner Operator shall be required to enter the offices of a Supervisor for disciplinary purposes or receive a letter of warning from the same without the presence of a member of the meetingGrievance Committee (i.e. Shop Xxxxxxx or Local Chairperson). STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An (a) Any dispute, grievance or misunderstanding (hereinafter called “grievance”) involving occupational classification, wages, the Industrial Relations Plans, seniority, hours of work or other working conditions which any employee who has or group of employees may desire to discuss and adjust with the Company, shall be handled in accordance with the provisions of this Article. While an employee may discuss a concern or complaint regarding grievance with his xxxxxxx at any time, a request for retroactive adjustment need not be enter- tained by the application or interpretation of Company unless the Collective agreement shall first address grievance is presented in writing their concern or complaint with their Immediate supervisor within five (5) working thirty days of the occurrence date of the incident which gave Rise rise to the matter in disputegrievance. Any grievance shall be deemed to have been withdrawn if, after a written decision has been given at any step, more than thirty days have elapsed before the grievance is carried to the next step. The supervisor employee shall address and respond in writing first take up his grievance directly with the xxxxxxx of his department. If the matter is not resolved by the xxxxxxx, it shall be handled as follows: Step 1 The employee may report the matter to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint xxxxxxx designated to represent his group, who, together with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file take up the matter with the xxxxxxx and shall at the same time present to the xxxxxxx a written summary of the grievance. A grievance within If the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation written decision of the Agreement. All grievances will clearly specify xxxxxxx does not settle the circumstances or events giving rise matter to the grievance and satisfaction of the clause employee or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) three regularly scheduled working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date have elapsed since the grievance was submittedsubmitted under the provisions of this step, the employee and the xxxxxxx may: Submit the grievance to the appropriate Manager or his appointee. The supervisor shall render a If the written decision within five (5) working days of the meeting. STEP II: If Manager or his appointee does not settle the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days matter to the satisfaction of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working employee or fourteen days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that have elapsed since the grievance be referred to a single arbitrator to be selected n rotation from was submitted under the following list provisions of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise this step, the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.xxxxxxx may:

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11:01 An employee who has having a concern grievance, or complaint regarding one designated member of a group having a grievance, will first take up the application or interpretation grievance within fifteen (15) working days after the occurrence of the Collective agreement matter which is the subject of the grievance with the Technical Director who will attempt to adjust it. 11:02 An employee may request the Technical Director to call the Union Xxxxxxx to handle a specified grievance. The word “specified” as used in this paragraph is interpreted by the parties hereto to mean an employee is required to “state the nature of the grievance”. The Technical Director will arrange to send for the Union Xxxxxxx without undue delay and without further discussion of the grievance. 11:03 The Union Xxxxxxx, with the employee present, will attempt to adjust the grievance with the Technical Director before it is given to the Technical Director in writing. 11:04 If the grievance is not adjusted by the Technical Director it shall first address be reduced in writing on an employee grievance form provided by the University and signed by the employee involved. The Technical Director shall give their concern or complaint answer in writing to the Union Xxxxxxx without undue delay, but not later than three (3) working days after the grievance has been presented in writing. 11:05 If the grievance is not settled at Step One, the written grievance may be referred to the Manager of Xxxx House Theatre, by the Union Xxxxxxx within five (5) working days after receiving the answer in writing. A meeting shall be arranged by the Theatre Manager with their Immediate supervisor the Union Xxxxxxx and the employee within three (3) working days of receiving the grievance. The grievor shall be allowed to attend the meeting as an observer. The Theatre Manager shall give an answer in writing to the Union Xxxxxxx not later than five (5) working days. 11:06 If the grievance is not settled at Step Two, a written grievance may be referred to the Director of Labour Relations by the President of the Union within five (5) working days of receiving an answer in writing from the occurrence Theatre Manager. A meeting shall be arranged by the Director of Labour Relations with the Business Manager of the incident which gave Rise to the matter in dispute. The supervisor shall address Union and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of receipt of the meeting. STEP II: If grievance in order to resolve the union considers that a satisfactory settlement has not been reached at Step I, it may, dispute. The grievor shall be allowed to attend the meeting as an observer. The Director of Labour Relations shall give their reply in writing within five (5) working days of if the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer grievance is not settled at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the this meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who ‌ 18.01 For the purposes of this 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 concern complaint or question concerning the interpretation, application, administration, or alleged violation of this Agreement, the employee will first take up the grievance within ten (10) working days after the circumstances giving rise to the complaint regarding have occurred or ought reasonably to have come to the application or interpretation attention of the Collective agreement employee. Within this time period the employee shall first address raise and discuss the issue as a complaint with the supervisor before it is given to the supervisor in writing. The Union Xxxxxxx may be present for this discussion if invited. 18.02 The time limits and other procedural requirements set out in Article 18 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 within the times specified. 18.03 Time limits may be extended by mutual agreement in writing between the Parties hereto; however the mandatory provisions of Article 18 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 completed under the Grievance or Arbitration procedures. 18.04 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. 18.05 A decision or settlement reached at any stage of the grievance procedure shall be final and binding upon all Parties hereto, including the complaining employee, and shall not be subject to reopening by any Party. 18.06 If the grievance is not adjusted by the supervisor as provided in article 18:01, 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 their concern or complaint with their Immediate supervisor answer in writing to the Xxxxxxx without undue delay, but not more than three (3) working days after the grievance has been presented in writing. 18.07 If the grievance is not settled at Step One, the written grievance may be referred to the Vice President, Distribution by the Local Union President within five (5) working days of after receiving the occurrence of the incident which gave Rise to the matter answer in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievancewriting. A grievance within the meaning of this Agreement meeting shall be any dispute between the parties involving interpretationarranged by Vice President, applicationDistribution, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it maytheir designate, within five (5) working days of receiving the receipt grievance. Either Party may request the presence of the Step I replygrievor and the Union Xxxxxxx at the meeting. The Vice President, submit a written request for a meeting which will be held within Distribution, or their designate, shall give their answer in writing to the Local Union President without undue delay but not later than five (5) working days with after the said meeting. If the grievance is settled at Step Two of the grievance procedure both the Vice President, Distribution and the Union representatives who agreed to the settlement shall sign the settlement as endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was. 18.08 If the grievance is not settled at Step Two, a written grievance may be referred to the Vice President Human Resources, Resources or designate. Such request shall state their designate by the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision Local Union President within five (5) working days of receiving an answer in writing from the meeting. STEP III: If Vice President, Distribution or designate. Either Party may request the union considers that a satisfactory presence of the grievor, Union Xxxxxxx, Local Union President and the CUPE National Representative, supervisor or Vice President, Distribution to attend the meeting to present evidence or give assistance in the settlement was not reached at Step II, it may of the grievance. A meeting shall be arranged by the Vice President Human Resources or their designate with the Local Union President within five (5) working days of the receipt of the Step II grievance in order to resolve the dispute. The Vice President Human Resources or their designate shall give their reply request in writing that within five (5) working days if the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedis not settled at this meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An Any formal grievance must be filed by the employee who has a concern not later than five (5) days after the alleged circumstances occurred or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days after the employee knew or ought to have known of the occurrence alleged circumstances, or the grievance will not be considered for the grievance procedure. The formal grievance of the incident which gave Rise employee shall be stated in writing on a standard form supplied by the Union and signed by the employee and provided to the matter Supervisor concerned. A grievance of an employee or a joint grievance of any group of employees shall be presented to the Company in disputethe following manner: 1. If an employee considers that he/she has any grievance against the Company arising out of the terms of this Agreement, an xxxxxxx effort shall be made to adjust such grievance as quickly as possible. 2. The supervisor employee and his Supervisor shall address and respond in writing to the Employee’s complaint meet informally, within two three (23) working days. Provided an The Department Xxxxxxx will be present at this meeting if the employee has first discussed so desires. If the concern or complaint with their immediate supervisor and decision of the Supervisor is dissatisfied with not considered satisfactory by the supervisor’s responseemployee, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances matter will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor.more formally as follows: STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted3. The supervisor grievance shall render a written decision then be referred within five six (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (56) working days of the receipt of the Step I reply, submit a written request for a meeting which Supervisors decision to the Superintendent who will be held within five (5) working days discuss the matter with the Vice President Human Resourcesparties concerned, or designate. Such request shall state including the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources Department Xxxxxxx and shall render a decision within five two (52) working days of the meetingdays. STEP III: 4. If the union considers that a satisfactory settlement was decision is not reached at Step IIsatisfactory, it may the grievance shall then be referred within five six (56) working days of the receipt of the Step II reply request in writing that Superintendents decision to the Plant Manager who will discuss the matter with the parties concerned, including the Department Xxxxxxx and shall render a decision within two (2) working days. 5. If the decision does not dispose of the grievance, one copy of the grievance form will be forwarded to the Local Union office by the Department Xxxxxxx and a further meeting will be scheduled between the Union Business Agent, the Corporate Human Resources Director or designate. The Human Resources Director or designate shall respond within ten (10) working days from the meeting. Any grievance dealing with a violation, misinterpretation, or non-application of the Agreement may be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the arbitration at request of either party party. 6. i) In all cases of discharge and prior to an arbitration hearing discipline, a Union Xxxxxxx will be present with the parties shall appoint representatives who employee affected provided a xxxxxxx is available. Except that if the employee is informed by letter the Union Xxxxxxx will confer to determine if be provided with a resolution to copy of the grievance may be achievedletter in place of attending at a meeting.

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation 9.01 The Local Union Grievance Committee shall consist of any two of the Collective agreement following: the Local Union President and Vice President and the Chief Xxxxxxx and the Xxxxxxx of the division in which the grievance arises. 9.02 Any two members of the Grievance Committee shall first address be permitted to investigate and process grievances in accordance with the grievance procedure outlined in Section 9.04 during working hours without loss of earnings. (A) All grievances under this article shall be barred if not initiated pursuant to Step 1 within thirty (30) days of occurrence. (B) Failure to comply with the time limits set forth in this article shall bar the further processing of the grievance, and said grievance shall be deemed withdrawn with prejudice. 9.04 Differences arising out of the interpretation or application of this Agreement shall be handled as follows: STEP 1. A meeting between the Divisional Xxxxxxx, the aggrieved employee and the head of the division involved shall be held. If a satisfactory settlement is not reached within one (1) working day of said meeting, the dispute shall be reduced to writing their concern and filed with the department head within three (3) additional working days. STEP 2. A meeting shall be held between the Grievance Committee, the aggrieved employee, the Department Head and the Director of Personnel. If the matter is not settled within three (3) working days after said meeting, the grievance shall be taken up under Step 3. STEP 3. A meeting shall be held between the Grievance Committee, a Union staff representative, the aggrieved employee and the City Manager and such City staff representatives as he deems necessary. In all matters except those matters involving promotion, demotion, transfer, suspension or complaint with their Immediate supervisor discharge if the matters are not settled within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responseStep 3 meeting, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretationtaken up under Step 4. Matters concerned with demotion, applicationtransfer, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance suspension, and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision discharge not settled within five (5) working days of the meeting.Step 3 meeting may be appealed by the aggrieved employee to the Personnel Hearing Board in accordance with Step 4 which follows. (It being specifically understood that all matters involving demotion, transfer, suspension or discharge have to be heard and decided by the Personnel Hearing Board prior to proceeding to arbitration in accordance with Step 4). However, if the Personnel Hearing Board fails to convene a hearing within sixty (60) days of the date of the appeal from the City Manager's decision, then the Union will be free to consider the matter not satisfactorily settled under Steps 1, 2 STEP II: If 4. A grievance not satisfactorily settled under Steps 1, 2 or 3 shall be submitted to arbitration. The arbitrator shall be chosen by mutual agreement. However, if at the union considers that a satisfactory settlement has not been reached at Step I, it may, within end of five (5) working days of there is no mutual agreement, the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request matter shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single the American Arbitration Association for selection of an arbitrator in accordance with its Voluntary Labor Arbitration Rules. The arbitrator shall have no power to add to, subtract from or change the terms of this Agreement. The arbitrator shall be selected n rotation from confined solely to the following list interpretation and application of arbitrators: Xxxx Xxxxxx the terms of this Agreement. The fees and expenses of the arbitrator shall be borne equally by both parties. 9.05 It is hereby specifically agreed by and between the Union and the City that any and all settlements of grievances shall be final and binding upon all the parties herein concerned. 9.06 The Local President, Chief Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators and/or Staff Representative of the Union shall exercise be permitted to visit the powers as provided in divisions or operations of the Ontario Labour Relations Act. At City during working hours with approval of the request City. 9.07 It is hereby specifically agreed that the decision of the arbitrator shall be final and binding upon the parties and all rights of appeal by either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedany court, tribunal, etc. are hereby expressly waived. 10.01 (A) HOLIDAYS

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An Section 1. Any employee who has a concern or complaint regarding group of employees may raise grievances with their Xxxxxxx. Grievances shall be presented in writing within fifteen (15) working days after the application occurrence or interpretation within fifteen (15) working days of when grievant reasonably could have been aware of its occurrence. A copy shall be forthwith filed with the Executive Director. Failure to file the grievance in writing with the Executive Director within such time period shall be deemed to constitute an abandonment of the Collective agreement grievance and shall first address in writing their concern or complaint bar the employee from any right to proceed further with their Immediate supervisor the grievance. (1) A meeting will be held among the Union Officers, Xxxxxxx, the grievant (if he/she so desires) and the Executive Director, within five three (53) working days, to discuss the grievance. If the grievance is not settled at this time, then the Executive Director shall render a written decision within three (3) working days of the occurrence of meeting. If the incident which gave Rise to the matter in dispute. The supervisor grievance has not been resolved, it shall address and respond in writing to the Employee’s complaint within two then proceed as follows: (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee The grievance may file a written grievance. A grievance within the meaning of this Agreement shall then be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise presented to the grievance and the clause Chairman or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor his/her designee within five (5) working days following receipt by the date employee and Union of the written determination of the Executive Director. The Chairman or his/her designee shall meet with the Union Officials within three (3) working days following presentation of the grievance was submittedto him/her. The supervisor If the grievance is not settled at this time, then the Chairman or his/her designee shall render a written decision within five three (53) working days of this meeting. If the meetingdecision rendered by the Chairman or his/her designee is not agreeable with the Union, then both parties may proceed with arbitration as provided for below. STEP II: If (3) All grievances and disciplinary action matters may be appealed to an Arbitrator. The Arbitrator shall be appointed through procedures established by the union considers Public Employment Relations Commission, upon request of either party. The award of an Arbitrator upon any grievance subject to Arbitration as herein provided, shall be final and binding upon all parties to this Agreement, provided that a satisfactory settlement has not been reached no Arbitrator shall have any authority or jurisdiction to add to, detract from, or in any way, alter the provisions of this Agreement. Cost of arbitration shall be shared equally by both parties. Section 2. The grievant shall have the right to appear at Step I, it may, within five (5) working days the hearings. The Union Officials shall present evidence and any witnesses on behalf of the receipt grievant and shall have access to all records pertaining to said grievance. Further, the Union Officials may examine and cross-examine all witnesses on behalf of the Step I reply, submit a written request for a meeting which grievant. Section 3. All grievance hearings and arbitrations will be held within five (5) during working days with hours at the Vice President Human ResourcesBridge Commission office, or designate. Such request at which time no employee shall state the reason or reasons the answer lose pay for attendance at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetingsame. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding (a) Any dispute, concerning the interpretation, application or interpretation administration of this Collective Agreement (hereinafter called a grievance) shall be handled in accordance with the Collective agreement shall first address provisions of this Article. (b) While an employee may discuss a grievance with his/her supervisor at any time, a request for retroactive adjustment need not be entertained by the Company unless the grievance is presented in writing their concern or complaint with their Immediate supervisor within five (5) working thirty days of the occurrence date of the incident which gave Rise rise to the grievance. Any grievance shall be deemed to have been withdrawn if, after a written answer has been given at any Step, more than thirty days have elapsed before the grievance is carried to the next Step. (c) The employee shall first take up his/her grievance directly with the supervisor of the department in the presence of a union xxxxxxx. If the matter in disputeis 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. The If the written decision of the supervisor shall address does not settle the matter to the satisfaction of the employee or four regularly scheduled working days have elapsed since the grievance was submitted under the provisions of this step, the employee and respond the xxxxxxx may: Submit the grievance in writing to the Employee’s complaint within two (2) working daysHuman Resources Department or delegate. Provided an employee has first discussed the concern or complaint with their immediate supervisor The Union Bargaining and is dissatisfied Grievance Committee may then discuss it with the supervisor’s responseSite Manager or delegate at a time to be agreed upon. If the Site Manager or delegate does not settle the matter to the satisfaction of the Union Bargaining and Grievance Committee within eight weeks after the grievance has been submitted under this step, the employee may file a written grievance. A grievance within the meaning provisions of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance Article 15 may be achievedinvoked.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has A grievance is a concern or complaint regarding dispute which may arise between the application parties as to the application, meaning or interpretation of this agreement, and shall be settled in the Collective agreement following manner: The Union Xxxxxxx and/or the representative shall first address take up the grievance or dispute, in writing their concern or complaint with their Immediate supervisor the employee's Department Head/Director within five (5) working days of the occurrence grievance or his/her knowledge of the incident which gave Rise its occurrence. The Department Head/Director shall attempt to adjust the matter in dispute. The supervisor and shall address and respond in writing to the Employee’s complaint within two five (25) working days. Provided an employee If the grievance has first discussed not been settled, it shall be presented, in writing, to the concern or complaint with their immediate supervisor and is dissatisfied with Superintendent within five (5) working days after the supervisor’s response, the employee may file a written grievance's response is due. A grievance within the meaning of this Agreement The Superintendent shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise respond to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed xxxxxxx in writing within ten (10) working days. If the grievance is still unsettled, either party may within thirty (30) calendar days after the reply of the response Superintendent, by written notice to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedother, request arbitration. The supervisor parties agree to use the Labor Relations Connection to administer the arbitration provision during the term of this agreement. Thereafter, unless mutually agreed to extend this provision beyond June 30, 2017, the services of the American Arbitration Association will be utilized for administration. The decision of the arbitrator shall render a written be final and binding on the parties and the arbitrator shall be requested to issue his decision within five thirty (530) working calendar days after the conclusion of testimony and argument. The expense, if any, for the arbitrator's services and the proceedings shall be borne equally by the employer and the union. If either party desires a verbatim record of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step IIproceedings, it may within five cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. Grievances involving disciplinary action shall be processed beginning at the second (52nd) working days step. If the case reaches arbitration, the arbitrator shall have the power to direct a resolution of the receipt grievance up to and including restoration to the job with all compensation and privileges that would have been due the employee. Notwithstanding any other provision herein contained, no grievance or dispute which is covered in any manner by the provisions of Chapter 31 of the Step II reply request in writing that the grievance Massachusetts General Laws shall be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution subject to the grievance may be achievedprocedures herein contained.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern (a) Any complaint, disagreement or complaint regarding difference of opinion between the Employer, the Union or the employees covered by this Agreement, which concerns the interpretation or application or interpretation of the Collective agreement terms and provisions of this Agreement, shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in disputebe considered a grievance. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responseAn employee, the employee Union or the Employer may file present a written grievance. A grievance within the meaning of this Agreement Every effort shall be made to present any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date event giving rise to such grievance. 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 grievance up with the Xxxxxxx or Supervisor. The Employer shall take up his grievance with the employee concerned who shall have the right to have the Shop Xxxxxxx present should he so choose. STEP II Should a solution not be reached by Step I within one (1) working day, then the employee accompanied by the Shop Xxxxxxx, if the Union wishes, shall discuss the matter with the Plant Superintendent. STEP III If no solution is reached at Step II within two (2) working days, the Union shall commit the Grievance to writing - The Grievor accompanied by a Shop Xxxxxxx shall discuss the matter with the Plant Manager or his designate. The Plant Manager or his designate shall answer the Grievance in writing in two (2) working days. STEP IV If no solution is reached in Step III within two (2) working days a representative of the Union accompanied by the Grievor and the Shop Xxxxxxx, if the Union wishes, shall discuss the matter with management. Failing settlement of the dispute at this stage shall cause the matter to be submitted in writing to arbitration as set out herein. Notwithstanding the above, if an authorized Agent of the Union claims a violation of the Agreement, he may invoke the Grievance Procedure at Step IV as the grieving party on behalf of the Union or on behalf of any employee or employees concerned. (c) Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated either of the parties may, after exhausting the grievance was submittedprocedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. (d) The party receiving the notice to arbitrate shall within seven (7) days thereafter meet with the initiating party and mutually select a single arbitrator. Failure to do so each party shall in writing request the Minister of Labour to appoint a single arbitrator. Time limits in the Grievance Procedure may be extended by mutual agreement. (e) The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon the employee affected by it. (f) The arbitrator shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or give any decision inconsistent with the terms of this Agreement. (g) The Union and the Company shall each pay one-half (2) of the remuneration and expenses of the arbitrator. (h) Notwithstanding any sanction attaching to any violation of the time limits for processing a grievance from step to step up to and including arbitration, the arbitrator shall have the right to set aside such sanctions and deal with any grievance on its merits provided that the delay in time complained of by the protesting party is not unreasonable and provided further that such delay has not prejudiced the party making the protest. (a) The Company agrees to give any discharged or suspended employee the reasons for his discharge or suspension in writing, within seventy-two (72) hours exclusive of Saturday, Sunday and General Holidays, with a copy to be sent to the Union. Unless circumstances justify immediate discipline, suspension or discharge, Management will follow the recognized good practice of a warning, written reprimand, suspension and dismissal. Copies of all disciplinary actions shall be supplied to the affected employee and the Union and retained in the employee's file for twelve (12) months. Immediately thereafter the discipline shall be removed from the employee's file. (b) All discipline shall be assessed in writing and copied to the Union within seven (7) days of the incident or first knowledge of the Company or be deemed null and void. The supervisor Employer may request of the Union a time limit extension which shall not be unreasonably denied. (j) The employee shall continue to work until the grievance is settled. (k) The Employer agrees that access to an employee's personal file shall be provided to the employee, upon request, with an appointment and during office hours. He may request a representative of the Union to be present at the time of such examination. (l) No technical error or omission shall render a written decision within five (5) working days of the meetinggrievance inarbitrable. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 11:01 An employee who has having a concern grievance or complaint regarding one (1) designated member of a group having a grievance will first take up the application or interpretation grievance within fifteen (15) working days after the occurrence of the Collective agreement matter which is the subject of the grievance with his/her supervisor who will attempt to adjust it. 11:02 An employee may request his/her supervisor to call the Union Xxxxxxx to handle a specified grievance. The word “specified” as used in this paragraph is interpreted by the parties hereto to mean an employee is required to “state the nature of the grievance.” The supervisor will arrange to send for the Union Xxxxxxx without undue delay and without further discussion of the grievance. 11:03 The Union Xxxxxxx, with or without the employee present, will attempt to adjust the grievance with the supervisor before it is given to the supervisor in writing. 11:04 If the grievance is not adjusted by the supervisor, it shall first address be reduced in writing their concern or complaint with their Immediate on an employee grievance form provided by the University and signed by the employee involved. The supervisor shall give his/her answer in writing to the Union Xxxxxxx without undue delay, but not later than three (3) working days after the grievance has been presented in writing. 11:05 If the grievance is not settled at Step One, the written grievance may be referred to the Designated Authority* of the campus by the Union Xxxxxxx within five (5) working days after receiving the answer in writing. A meeting shall be arranged by the Designated Authority within three (3) working days of receiving the grievance. *Designated Authority (See Schedule II). 11:06 If the grievance is not settled at Step Two, a written grievance may be referred to the Director of Human Resources by the Business Manager of the Union within five (5) working days of receiving an answer in writing from the occurrence Designated Authority. A meeting shall be arranged by the Director of Human Resources or his/her designated representative with the Business Manager of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date of receipt of the grievance was submittedin order to resolve the dispute. The supervisor If the grievance is not settled at this meeting, the Director of Human Resources or his/her designated representative shall render a written decision notify the Union in writing within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding Section 15.1 In the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be event that any dispute difference arises between the parties involving out of the interpretation, application, administration operation or any alleged violation of this Agreement, including any difference arising from the Agreement. All grievances will clearly specify suspension or dismissal of any employee and including any question or difference as to whether the circumstances matter is arbitral such question or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances difference shall be dealt with finally and conclusively settled without stoppage of work in the following manner provided such grievances are filed in manner: Step 1 - Such difference or grievance shall first be reduced to writing within ten (10) working days and taken up by the employee or a representative of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meetingsupervisor. STEP II: If Step 2 - Should the union considers that supervisor be unable to affect a satisfactory settlement has not been reached at Step I, it maysettlement, within five (5) working days of the receipt of such grievance, it shall be submitted to the employee’s department head or the Secretary-Treasurer of the Board. Step I reply, submit a written request for a meeting which will be held 3 - Failing settlement within five (5) working days with days, such grievance shall be referred to a grievance committee comprised of two (2) members each from the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactoryBoard and Union. The V.P. Human Resources committee shall, if it so desires, have its advisors in attendance. Failing settlement within ten (10) days by the committee the matter shall render be promptly referred to and dealt with by Arbitration as set forth in Article 16. Section 15.2 Should the Board or the Union initiates the grievance, the matter shall be dealt with by the grievance committee as set out in Step 3, Section 15.1 of this Article. Section 15.3 If a dispute is not submitted within sixty (60) calendar days after the occurrence of the act or decision giving rise to the dispute, then the dispute shall be deemed to be abandoned, and all rights of recourse to the dispute procedure shall be at an end. Section 15.4 Grievance and replies to grievances shall be in writing at all stages, and grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. Section 15.5 Whenever the Board deems it necessary to censure an employee in a manner indicating that dismissal may follow, the Board shall, within five (5) working days thereafter, give written particulars of such censure to the Union. Section 15.6 An employee may be dismissed only for just cause and only upon the authority of the meetingBoard. The supervisor may suspend an employee but shall immediately report such action to the Board. Such employee and the Union shall be advised promptly in writing by the Board of the reason for such dismissal or suspension. Just cause shall not include the refusal of the employee to cross the picket line of a legal strike, or refusal of an employee to deal with any business establishment involved in a legal strike. This provision shall be inapplicable to any employee in respect of his refusal to work or to cross such picket line if he has permission of the striking union to cross such picket line or to so deal. STEP III: If Section 15.7 Should it be found upon investigation that an employee has been unjustly suspended or discharged, such employee shall be immediately reinstated in his former position, without loss of seniority rating and shall be compensated for all time lost in an amount equal to his normal earnings during the union considers that a satisfactory settlement was not reached at Step IIpay period next preceding such discharge or suspension, it may within five (5) working days or by any other arrangement as to compensation which is just and equitable in the opinion of the receipt parties, or in the opinion of the Step II reply request in writing that Board of Arbitration, if the grievance be matter is referred to such a single arbitrator Board. Section 15.8 Any written criticism of an employee by the Board will be copied to the employee and the Union at the time of filing. Section 15.9 An employee considered by the Union to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators wrongfully or unjustly discharged shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior be entitled to an arbitration a hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.under Article 15 -

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An 21.01 It is the desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possible without stoppage of work, and it is understood that an employee who has may present an oral complaint at any time without recourse to the grievance procedure herein. 21.02 A grievance shall be defined as a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration application or alleged violation of the terms and provisions of this Agreement, and it is understood that an employee has no grievance until she has first discussed with and given her immediate supervisor an opportunity to adjust her complaint. All grievances will clearly specify Such discussion must take place within three (3) working days after the circumstances or events giving rise to the complaint first occurred or originated. The supervisor shall communicate her reply to the complaint within three (3) working days. If such complaint is not settled to the satisfaction of the employee concerned, the complainant may file a written grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided and sequence. Step 1 The employee (accompanied by a xxxxxxx if so desired by either party) shall submit a signed, dated, written statement of such grievances are filed in writing grievance to her supervisor within ten (10) working days after the circumstances giving rise to the complaint first occurred or originated. The nature of the response to grievance, the supervisor. STEP I: Article of the agreement that has been violated, misapplied or misinterpreted, and the relief or remedy sought shall be clearly set out in the grievance. The employee assisted by a Union Xxxxxxx Supervisor shall meet to discuss deliver her decision in writing within three (3) working days following the day on which the grievance with the employee’s immediate supervisor within was presented to her. Failing settlement, then: Step 2 Within five (5) working days following the date decision under step 1, the employee and the xxxxxxx and/or the CLAC Representative may present the written grievance was submittedto the Executive Director who will hold a meeting within seven (7) working days with the grievor, the xxxxxxx and/or CLAC Representative. The supervisor Executive Director shall render a written give her decision in writing within five (5) working days from the date of the meeting. STEP II: 21.03 The Employer or the Union shall not be required to consider or process grievances which arise out of any action or conditions more than ten (10) work days after the subject of such grievance occurred. If the union considers that action or condition is of a satisfactory settlement continuing or a recurring nature, this limitation period shall not begin to run until the action or condition has not been reached ceased. At no time may an employee or group of employees file a grievance on behalf of another employee. 21.04 Either party to this Agreement may file a Policy Grievance within ten (10) days of the occurrence of the event on which the grievance is based. A Policy Grievance shall be defined as a grievance by either the Union or the Employer arising out of the interpretation, application, administration, or alleged violation of any of the terms of this Agreement. A Union or Employer Policy Grievance shall be filed at Step Istep 2 of the grievance procedure. In the event of an Employer Policy Grievance, it maythe Executive Director shall submit the grievance to the Union Representative, and the Union Representative shall reply in writing within five (5) working days from the date of the receipt meeting in step 2. 21.05 It is agreed that Subsection 44(6) of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with Labour Relations Act does not apply to the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days provisions of this Agreement but that any time limit of the meetinggrievance procedure may be extended by mutual agreement in writing between the Employer and the Union. STEP III: If 21.06 Any complaint or grievance which is not commenced or processed through the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days next stage of the receipt grievance procedure, including reference to arbitration, within the time specified, shall be deemed to have been abandoned or settled on the basis of the Step II Employer’s or Union’s last reply request in writing that to the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Actgrievance. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution If no written answer has been given to the grievance may within the time limits specified, the Union or Employer shall be achievedentitled to submit the grievance to the next stage, including arbitration. 21.07 Saturdays, Sundays, and the paid holidays designated in this Agreement will not be counted in determining the time in which any action is to be taken or completed under the grievance procedure or arbitration procedure.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding 17.1 All matters pertaining to the proper application or and interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days any and all of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning provisions of this Agreement shall be any dispute between adjusted by the parties involving interpretation, application, administration or alleged violation accredited representative of the AgreementEmployer and the accredited representative of the Union. All grievances will clearly specify In the circumstances or events giving rise event of the failure of these parties to reach a satisfactory adjustment within seven (7) days from the date the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are is filed in writing by either party upon the other, the matter shall be referred for final adjustment to a Labor Relations Committee selected as follows: two (2) members from the Employer and two (2) members from the Union. In the event the Labor Relations Committee fails to reach an agreement within ten twenty-one (1021) working days from the date a grievance is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators from which the labor relations committee shall select a fifth member, who shall be chairman, and the decision of this committee shall be binding on both parties. The labor relations committee as thus constituted shall have no power to add to, subtract from or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the response to the supervisorissue in dispute. STEP I: The employee assisted by a Union Xxxxxxx 17.2 During the process of making adjustments under the rule and procedures set forth in 17.1 above, no strike or lockout shall meet to discuss occur. 17.3 Except as provided for in Sections 17.3.2 and 17.3.3, no grievances or claim of violation of this Agreement shall be recognized unless presented in writing within thirty (30) days from the date of the occurrence causing the complaint or grievance, except in cases where report of the grievance with has been suppressed through coercion by the employee’s immediate supervisor Employer. 17.3.1 In the event the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the forty-five (545) working days following day period immediately preceding the date upon which the grievance was filed in writing. 17.3.2 Where there is an automatic wage bracket adjustment due under the terms of Appendix "A", the period of adjustment shall be one (1) year from the date the grievance was submittedfiled in writing. 17.3.3 In cases involving discharge, the grievance must be filed within fifteen (15) days from the date of discharge. 17.4 The Employer and the Union shall make available to the other, pertinent data necessary for the examination of all circumstances surrounding a grievance. The supervisor Arbitrator shall render a written decision within five (5) working days be empowered to effect compliance with this provision by requiring the production of the meetingdocuments and other evidence. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Union Representation Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation 7:01 Employees of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days Company who are members of the occurrence Union shall be selected by the Union as Shop Xxxxxxx. The Union shall advise the Company of the incident which gave Rise name of the Stewards. The Xxxxxxx shall assist the grieved employee(s) if requested to do so by the employee(s) concerned when the grievance is processed to Management. The Grievor(s) and Xxxxxxx, if required, will request time from the Supervisor, or their delegate, as the case may be, to present the grievance. The Supervisor, or their delegate, will provide the time required to process the grievance within four (4) calendar days. Step One Step Two 7:02 A grievance shall be deemed waived unless the matter is processed by the Union to the matter Company within thirty (30) calendar days from the date the misunderstanding arises, as long as the employee or Union had a reasonable opportunity to learn of the infraction. 7:03 The Union shall have the right to initiate a group grievance (that is, a grievance involving a group of employees as a result of similar circumstances) or a policy grievance (that is a grievance of a general nature with no individual remedy) by submitting and processing it in disputeaccordance with “Step Two” in 7:01 of this Article. 7:04 In the event of a claim by an employee that he/she has been unjustly discharged, the claim in the form of a grievance may be processed at “Step Two” of the grievance procedure within seven (7) calendar days from the date that the discharge took place. The supervisor shall address and respond in writing grievance may be settled by the parties to the EmployeeCollective Agreement or failing to do so by the Sole Arbitrator by (a) confirming the Management’s complaint within two decision of discharging the employee; or (2b) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, reinstating the employee with full compensation for the lost time; or (c) any other arrangement which is agreed to by the conferring parties or by the Sole Arbitrator. Despite the foregoing in this Section 7:04, any compensation which may file be decided on shall not exceed the employee’s normal basic rate of pay for any time lost. 7:05 Should the Union fail to carry on a written grievance. A grievance within the meaning time limits set out in this Article, or agreed upon, then the grievance shall be deemed to be abandoned. Should the Company fail to answer a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be awarded to the grievor or grievors concerned. 7:06 Members of the Grievance Committee will not lose pay for time spent during regularly 7:07 A Shop Xxxxxxx involved in processing a grievance or wishing to discuss matters involving the Collective Agreement must first obtain permission from his/her Supervisor, or his/her Delegate, before leaving work. The Supervisor or Delegate will endeavour as promptly as possible to provide a reasonable time period in order that the Shop Xxxxxxx may perform such functions. The Shop Xxxxxxx shall not suffer a loss of pay for the time so spent during the regular working hours. 7:08 Where a grievance is not settled under the preceding Sections of this Article, including the question of whether or not a matter is arbitrable, or where an allegation is made that this Collective Agreement shall be any dispute has been violated, either of the parties may notify the other party in writing of its desire to submit the grievance or allegation to arbitration within thirty (30) calendar days from the date of Management’s answer at “Step Two”. 7:09 Where a difference arises between the parties involving relating to the interpretation, applicationapplication or 7:10 If the parties fail to agree on a Sole Arbitrator within the time limit, administration or alleged violation then the appointment of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances a Sole Arbitrator shall be dealt with in made by the following manner provided such grievances are filed in writing within ten (10) working days Minister of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At upon the request of either party party. The Sole Arbitrator shall hear and prior to an arbitration hearing determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties shall appoint representatives who will confer to determine if a resolution to the grievance and upon any employee affected by it. 7:11 No person may be achievedappointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will jointly bear the expenses, if any, of the Sole Arbitrator. The proceedings of the Sole Arbitrator will be expedited by the parties 7:12 The Sole Arbitrator is not authorized, nor is there any jurisdiction to alter, amend, change, add to or modify any part or provision of this Collective Labour Agreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An The purpose of this Article is to establish a procedure for the orderly settlement of grievances. A grievance shall be con- sidered to exist when it is alleged that there is a violation of this agreement arising from the interpretation, application or failure to comply with the terms thereof. It shall be optional with the Company or the Union to consider any grievance, alleged circumstances of which occurred more than thirty days prior to its written presen- tation. When a grievance arises, an xxxxxxx effort shall be made to settle it by the Company, the employee concerned, and the Union, and it shall be handled in the Steps as hereinafter provided. Step No. 1 Any regular employee who has a concern or complaint regarding xxxx- xxxxx shall present the application or interpretation grievance verbally to his Supervisor and will be accompanied by a Xxxxxxx. The Supervisor shall state his deci- sion verbally within three working days of such meeting. If this verbal decision does not satisfactorily adjust the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor grievance, it may be appealed to Step Step No. 2 Notice of appeal must be made within five (5) seven working days of the occurrence verbal decision, in writing, in triplicate, on forms supplied by the Union, and signed by the aggrieved em- ployee and two members of the Grievance Committee. It shall be appropriately dated showing the date of the grievance, particulars of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance grievance, the Article and Section of the clause or clauses Collective Agreement alleged to have been violated. 7.01 Grievances , the date of the submission, as well as the corrective action requested of the Company, and shall be dealt presented to Divisional Management desig- nated to handle Step Within five working days of receipt of the appeal or within any agreed upon extension, Divisional Management designated to handle Step 2 will meet with up to two members of the Grievance Committee in an attempt to resolve the following manner provided such grievances are filed in writing grievance. A written decision shall be given by Divisional Management designa- xxx to handle Step 2 within ten (10) five working days of the response date of such meeting. If this written decision does not satisfactorily adjust the grievance, it may be appealed to Step 3 following. Step No. 3 Notice of appeal must be given in writing by dating and signing the supervisor. STEP I: grievance forms within ten working days from the written decision of Divisional Management, or their designate, through the Manager, Relations, setting forth the areas or points of disagreement with the Step 2 written decision. The employee assisted by Manager, Labour Relations, will arrange a Union Xxxxxxx shall Management Committee to meet with up to two members of the Grievance Committee and the Local President, or Bargaining Unit Chairperson, or his/her designated alternate, within seven working days or a time mutually agreed upon. The two committees jointly will discuss the grievance with and may request the employee’s immediate supervisor attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within five (5) seven working days following from the date of such meeting to the grievance was submittedLocal or Bargaining Unit. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that Committee’s decision does not bring about a satisfactory settlement has not been reached at Step Isettlement, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedreferred by either party to arbitration as provided for in Article VIII. Should a regular employee claim that he has been un- justly discharged and wishes to seek redress under the grievance procedure, he must present such grievance, in writing, within five days of his discharge and may do so at Step 2 of the grievance pro- cedure. In this Article VII only, when computing working days, Saturdays, Sundays and holidays shall not be included.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding Should any alleged grievance arise as to the interpretation and application or interpretation of the Collective agreement provisions of this Agreement, such grievance shall first address in writing their concern or complaint with their Immediate supervisor be processed within five (5ten 0) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify after the circumstances or events giving rise to the grievance and the clause have originated or clauses alleged to have violated. 7.01 Grievances shall be dealt with occurred, in the following manner provided such grievances are filed in writing and sequence: Between the aggrieved employee, with or without the Shop Xxxxxxx, and his supervisor. The decision of the Supervisor shall be given within ten three working days following presentation of the grievance. Failing settlement, then Within three (103) working days of following the response to decision under the supervisor. STEP I: The employee assisted by first step a meeting will be held between the Union Xxxxxxx shall meet to discuss Grievance Committee and/or Union Representative and the grievance with the employee’s immediate supervisor Operations Manager. A decision under this step will be given within five (5) working days following such meeting. The grievance will be presented in writing at this step by the date grieving party. Failing settlement, then If the grievance was submitted. The supervisor shall render a written decision remains unsettled, then within five (5) ten working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days date of the receipt of decision under the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that second step the grievance shall be referred to a single arbitrator Board of Arbitration as provided herein. The term "working days" for purpose of this Article shall not be deemed to include Saturdays, Sundays and Paid Holidays. The Company agrees to recognize a Grievance Committee which the Union will elect from among the Shop Stewards. The number of members on the committee shall be selected n rotation agreed upon between local management and the Union. A list of Grievance Committee members shall be furnished to the Company. Grievance meetings with the Grievance Committee shall be conducted at times suitable to the operation of the business, by arrangement between Company Management and Chief Shop Xxxxxxx. The Company will pay members of the Grievance Committee at their regular rates for time spent at meetings of the Grievance Committee with Management representatives during regular working hours. If an employee, who has completed the probationary period, has an alleged grievance that he has been unjustly discharged, he shall notify the Company through the Grievance Committee within three (3) working days after the date of separation stating the reason of objection to the discharge and the grievance will be considered commencing with the second step of section of this Article. Should any grievance arise directly between the Company and the Union as to the interpretation and application of the provisions of this Agreement, the grievance shall be taken up commencing at the second step of section of this Article. Pending settlement of any grievance, the aggrieved employee shall perform the duties assigned to him. Before leaving his job or his department in connection with any grievance, a Shop Xxxxxxx or member of the Grievance Committee must first obtain permission from the Supervisor of his department. Should the grievance require such Xxxxxxx or member of the Grievance Committee to go into another department, he must first report to the person in charge of the department. (A) If the Union and the Company cannot reach a settlement, following list the second step of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the Grievance Procedure, and upon request of either party party, the grievance shall be submitted to the Board of Arbitration composed of three (3) members. The Company and prior the Union shall each select one member, and the third member within seven (7) days shall be selected by mutual agreement of the two (2) members first selected. The third member shall be impartial and possess knowledge of Labour Management relations. The third member shall act as Chairman of the Board. If agreement cannot be reached within seven (7) days, in respect to an arbitration hearing the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the Minister of Labour of the Province of Alberta, who shall appoint a Chairman. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer, and shall appoint representatives who will confer make such independent investigation as it deems essential to determine if a resolution full understanding and determination of the issues involved. In reaching a decision, the Arbitration Board shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with power to change, modify or alter any terms of the grievance may contract. All grievances submitted shall present an arbitrable issue under this contract, and shall not depend on, or involve, an issue or contention by either party which is contrary to any provisions of this contract, or which involves the determination of a subject matter not covered by or arising during the term of this contract. The findings and decision of the Board of Arbitration on all arbitrable questions shall be achievedbinding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern 9.01 In order to provide an orderly and speedy procedure for the settling of grievances, the Employer acknowledges the rights and duties of the Union Grievance Committee and the Union Stewards. The xxxxxxx shall assist any employee, which the xxxxxxx represents, in preparing and presenting their grievance in accordance with the grievance procedure. 9.02 The Union shall notify the Employer in writing of the names of each xxxxxxx and the department(s) they represent and the name of the Chief Xxxxxxx, before the Employer shall be required to recognize them. 9.03 The Employer agrees that Stewards shall not be hindered, coerced, restrained or complaint regarding interfered with in any way in the application performance of their duties, while investigating disputes and presenting adjustments as provided in this article. The Union recognizes that each Xxxxxxx is employed by the Employer and that they will not leave their work during working hours except to perform their duties under this agreement. Therefore, no Xxxxxxx shall leave their work without obtaining the permission of their Manager, which permission shall not be unreasonably denied. 9.04 A grievance shall be defined as any difference arising out of the interpretation, application, administration, or interpretation alleged violation of the Collective agreement Agreement or a case where either party has acted unjustly or improperly. 9.05 An xxxxxxx effort shall first address be made to settle grievances fairly and promptly in writing their concern or complaint the following manner: STEP 1 If the Xxxxxxx and/or Grievance committee consider the issue to be a grievance, the employee shall discuss the issue with their Immediate supervisor Manager. The employee may choose to have their Xxxxxxx present during the discussions with the Manager. The employee is to clearly identify the issue to the Manager and the potential that it may become a grievance. If the issue is not resolved as a result, the grievance may, within five ten (510) working days of the occurrence event giving rise to the grievance, or within ten (10) working days of the incident date on which gave Rise the employee could reasonably have been expected to have knowledge of the matter in dispute. The supervisor shall address and respond circumstances which prompted the grievance, be submitted in writing to the Employeegrievor’s complaint within two (2) working daysimmediate Manager. Provided an employee has first discussed the concern or complaint with The Manager shall deliver their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed decision in writing within ten (10) working days of following the response to date on which the supervisorgrievance was presented. STEP I: The employee assisted by a Union Xxxxxxx 2 Failing settlement being reached in Step 1, within five (5) working days following receipt of the immediate Managers answer, the Grievance Committee and/or grievor will submit the written grievance to the next level of Management, who shall meet to discuss the grievance with the employee’s immediate supervisor deliver their decision in writing within five (5) working days following the date day on which the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meetingpresented. STEP II: If the union considers that a satisfactory 3 Failing settlement has not been being reached at in Step I, it may2, within five (5) working days following the decision under Step 2, the Grievance Committee will submit the written grievance to the Executive Director, who shall meet with the Grievance Committee within ten (10) working days. It is understood that at such meeting the Employer may have counsel and assistance if desired and the employee may have in attendance the National Representative if desired. The decision of the receipt of Executive Director or designate shall respond to the Step I reply, submit a written request for a meeting which will be held grievance in writing within five ten (510) working days with following the Vice President Human Resourcesmeeting. STEP 4 Failing a satisfactory settlement being reached in Step 3, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision dispute may be referred to Arbitration within five thirty (530) working days of the day on which the Union received the Executive Director's reply to the grievance in Step 3. Note: Working days shall be defined for the purpose of the Grievance Procedure as Monday to Friday excluding statutory holidays. 9.06 Replies to grievances stating reasons shall be in writing at all stages. 9.07 The Employer may supply the facilities for the grievance meeting. STEP III: If 9.08 Any mutually agreed changes to this Collective Agreement shall form part of this Collective Agreement and are subject to the union considers that grievance and arbitration procedure. 9.09 Where a satisfactory settlement was not reached at Step IIdispute involving a question of general application or interpretation of this Agreement occurs between a group of employees or the Union and the Employer, it may shall be exchanged in writing between the Grievance Committee and the Executive Director, as is appropriate. The exchange will take place within five ten (510) working days of the receipt circumstances, or within ten (10) working days of the Step II date on which the initiating party could reasonably have been expected to have knowledge of the circumstances giving rise to the dispute. The recipient shall meet with the other party and reply request in writing that within fifteen (15) working days following the grievance date on which the exchange was made. Failing a satisfactory settlement the dispute may be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.Arbitration within fifteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An 15.01 Unless otherwise provided for in this Agreement, every subject of joint discussion will first be taken up by the Union and the Company in accordance with the procedures provided for in this Agreement, and every effort will be made by the Parties to reach a mutually satisfactory agreement as quickly as possible. 15.02 If an employee who has wishes to have a concern or complaint regarding the application or interpretation of the Collective agreement shall taken up, it will first address in writing their concern or complaint be taken up verbally with their Immediate supervisor his supervisor, within five (5) working days of the occurrence of the incident which gave Rise event (s) or five (5) working days from the time the employee had knowledge of the event and this occurred in a reasonable time frame. He may do this personally, with or without his Xxxxxxx or he may request the Xxxxxxx to do it for him. The employee will be present when the matter is discussed by the Xxxxxxx and the supervisor if the supervisor or the Xxxxxxx so requests. Any complaint or grievance filed by an employee beyond the five (5) day period indicated above will not be considered unless the employee is able to provide a reasonable explanation of the delay to Management. If the complaint is not satisfactorily disposed of verbally within twenty-four hours after its presentation, or such longer period as may be mutually agreed upon, the Union Grievance Committee may, within eight (8) working days refer the grievance to the matter in dispute. Manager's Committee. 15.03 The supervisor shall address and respond in writing to Union Grievance Committee will give the Employee’s complaint within two Manager's Committee at least five (25) working days’ notice in writing of any grievance to be discussed. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied The Manager's Committee will meet with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning Union Grievance Committee composed of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation not more than three (3) employees of the AgreementPlant if there are grievances to be discussed. All grievances The Manager's Committee will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed give its answer in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following after such a meeting. At this stage a full time representative of the date Union may be present when the grievance was submitted. The supervisor shall render a written is being discussed if requested by either party. 15.04 If the decision within five (5) working days of the meeting. STEP II: If Managers Committee is not satisfactory, the union considers that a satisfactory settlement has not been reached at Step I, it Union Grievance Committee may, within five eight (5) 8) working days of days, refer the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with grievance to the Vice President of Human Resources, or such other person as he may designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five Within eight (5) 8) working days of receipt of such notice, a meeting will be held with the meetingUnion Grievance Committee Composed of not more than three (3) employees of the Plant. An answer will be given within eight (8) working days after such a meeting has been held. At this stage, a full-time representative of the Union may be present, if requested by either party. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as 15.05 The time allowances provided in the Ontario Labour Relations Actabove Articles may be extended by mutual agreement. At If the request of either party and prior to an arbitration hearing time allowances or any mutually agreed on extensions are not observed by the parties shall appoint representatives who Union or by the Company, the grievance will confer to determine if a resolution be considered as advanced to the grievance next stage. 15.06 The aggrieved employee will be present for any discussions if requested by either party. 15.07 It is recognized that Stewards, members of committees and Union Officers have regular duties to perform as employees of the Company. (A) The Company acknowledges the right of the Union to select Stewards to assist employees in presenting their grievances to the representatives of the Company. The number of such Stewards and the area within which each one may function will be achieved.in accordance with Article 18.07, of Article 18 -

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation Procedure as follows: It is mutual of the Collective agreement parties that complaints employees be adjusted quickly as It understood that the Supervisor or Branch applicable, and the with the assistance of the Xxxxxxx or applicable, if desired, will fully explore attempt to resolve the which must working days from the date incident occurred or the employee or Branch adjust his The or Branch applicable, provide a response within working days. It is an he has first given his immediate the to The shall first address be referred in writing their concern or complaint with their Immediate supervisor and presented to the Branch Manager within three (3)working days of the receipt of the verbal decision. The facts giving rise to the grievance, section sections of the claimed and the requested. grievance shall be by the arid by the Xxxxxxx. A will be within five (5) working days of between the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern Manager or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responsedesignate, the employee may file if requested by the Union, the or his In the Elranch Manager, Resources Representative, the Chairperson, the requested the Union, and a written grievanceXxxxxxx will attend the meeting. A grievance within Following the meaning meeting, if the Company or Union requires additional information in order to properly answer the the Union or Company to its best efforts to provide this The of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise Xxxxxxx Manager his designate delivered to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) 5)working such meeti Failing satisfactory settlement at One, the Union may within five working days following request a to be with the date Union Staff Representative, Chairperson and Xxxxxxx, if applicable, if the grievance was submittedRegional Manager or his designate, the Human Resources and the Manager, if required. meeting to be held within working days receipt of the Union’s written request. The supervisor shall render a Regional or designate will the Union with written decision within five ten working days (5aftersuch meeting. Step No. change to Step No. & Change to Step Step Change to Chairperson arid Xxxxxxx if applicable Step last a!; follows: a mutually satisfactory conclusion not be reached through the foregoing steps of the Grievance Procedure then Union within twenty-one (21) working days the third step decision, refer the matter to a Board of the meeting. STEP II: Arbitration as in Article hereof. If the union considers that a satisfactory settlement has request arbitration is not been reached at Step Igiven within twenty-one working period, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance shall be referred deemed to a single arbitrator have abandoned and all rights to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedforfeited.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who 18.01 It is agreed that fruitless controversies must be avoided, and every effort made to maintain good feelings and a harmonious relationship. To accomplish this, both parties will in every instance give prompt attention to disputes, and in good faith, seek to settle all differences amicably. 18.02 Under all circumstances, during the life of this Agreement, business shall be continued without interruption or interference in any manner with the publication and/or distribution of the newspaper, and the Parties agree that the work will continue in a regular and orderly manner. 18.03 A Joint Standing Committee shall be maintained to consist of two (2) representatives of the Employer and two (2) representatives of the Union, and in the case of a vacancy, absence, or refusal of any Joint Standing Committee representative to act, another shall be appointed by the party concerned to serve in his/her place. One of the four (4) members of the Joint Standing Committee shall act as Chair for a period of one year. The Chairpersonship shall alternate annually between representatives of the parties, but in any case, a Chairperson shall serve until a replacement has been elected or appointed. The Chairperson shall be elected annually by a concern majority vote of the Joint Standing Committee members; however, if a majority vote is not achieved, then the two (2) members representing the party not represented by the incumbent Chairperson shall agree between themselves which of them shall be appointed Chairperson. The incoming Chairperson shall notify the Employer and the Union President in writing within three (3) days of his/her election or complaint regarding appointment, that he/she has assumed office of Chairperson. In the event of the Chairperson’s absence, the other representative to the Joint Standing Committee of the same party shall act as Chairperson. 18.04 To effect prompt settlement of any differences as to the interpretation, application or interpretation administration or alleged violation of this Agreement, the procedure provided herein shall be followed. 18.05 If any employee, after informal discussion with the foreperson feels he/she has good reason to be dissatisfied with the foreperson’s decision, he/she may present a grievance in accordance with Step 1 of the Collective agreement formal procedure, provided he/she does so not later than seven (7) calendar days following the date of occurrence of the incident upon which the grievance is founded. In the event of discharge, the provisions of Article 18 shall first address govern. Step 1 having no relevance to a grievance initiated by the Employer, such a grievance, if it cannot be settled by informal discussion, shall be referred directly to the Joint Standing Committee as outlined in Step 2. STEP 1: The shop xxxxxxx or his deputy shall deliver to the foreperson a written statement explaining the difference or alleged violation and the remedies sought. The foreperson shall give his/her decision in writing their concern in three (3) publishing days next following the date of receipt of the grievance. The term “foreperson” as used in this Article means the foreperson, or complaint in his/her absence, the assistant foreperson in charge. STEP 2: If agreement is not reached at or prior to Step 1, or in informal discussion in the case of a grievance brought by the Employer, the Joint Standing Committee shall review the case upon written request by an appropriate official of either party to this Agreement directed to the Chairperson of the Joint Standing Committee, with their Immediate supervisor a copy of such notice being delivered concurrently to a recognized official of the other party, provided such notice is given not later than five (5) publishing days following the date of the foreperson’s written decision. The Committee shall meet within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working publishing days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting upon which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.the

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has 7.01 In the event that a concern difference arises between the Employer and the Union, or complaint between the Employer and one or more employees, regarding the interpretation, application or interpretation an alleged violation of this Agreement, such difference shall be settled without stoppage of work or lockout by way of one of the Collective agreement following procedures of settlement as applicable. 7.02 By the Employee(s): Verbal Step The Employee or Employees concerned, with or without a Union Xxxxxxx in attendance, or at the option of the employee(s) a Union Xxxxxxx on the behalf of the employee(s), must first seek to settle the difference in discussion with an appropriate Employer representative. Step 1 If the difference is not resolved satisfactorily in the Verbal Step, it then becomes a grievance. The grievance shall first address then be reduced to writing and shall set forth the following information: a) The nature of the grievance and the circumstances out of which it arose; b) The remedy or correction requested; c) The Section or Sections of the Agreement claimed to have been infringed upon or violated. The grievance shall be submitted in writing their concern or complaint with their Immediate supervisor written form to the Operations Manager within five seven (57) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events act giving rise to the grievance. On the grievance form, the Operations Manager or designee shall make known his decision to the griever within seven (7) days of receipt of the grievance. The Employer shall provide the griever and the clause or clauses alleged to have violatedUnion with a copy of the Step 1 decision. 7.01 Grievances shall be dealt with Step 2 In the event that the Employer's reply in Step 1 is unsatisfactory, the following manner provided such grievances are filed in writing designated CLAC Representative may then submit the grievance to the Senior Employer representative of the Employer within ten (10) working days of receiving the response Step 1 decision. The Senior Employer’s representative shall make known their decision within ten (10) days of receipt of Step 2 of the grievance. Step 3 In the event that the Employer's reply in Step 2 is unsatisfactory to the supervisor. STEP I: The employee assisted by griever, a Union Xxxxxxx shall designated CLAC representative, a shop xxxxxxx, and the designated representatives of the Employer will meet to discuss the grievance with the employee’s immediate supervisor within five ten (510) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held 2 decision and attempt to settle the grievance to their mutual satisfaction. If no resolution is reached within five three (53) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetingmeeting either party may immediately (but within fourteen (14) days) submit the grievance to arbitration. The notice of submission to arbitrate must include the information described in the grievance and must be given in writing. STEP III7.03 By the Employer or the Union: If Step 1 In the union considers event that either the Employer or the Union wish to process a satisfactory settlement was not reached at grievance on their own behalf, such grievance shall be submitted in writing by one party to the other, shall set forth the information described in Step II, it may 1 of Subsection 7.02 and shall be submitted within five ten (510) working days of the act giving rise to the grievance. The party in receipt of the Step II reply request in writing that grievance must with ten (10) days having received it, inform the grievance be referred to a single arbitrator to be selected n rotation from the following list other party of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedits decision.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE PROCEDURE. An The aim of this procedure is to ensure that during the life of the Agreement, industrial grievances or disputes are prevented or resolved as quickly as possible at the level they occur in the workplace. When a dispute or grievance arises in respect of a matter arising under this Agreement or in relation to the NES, the following steps are to be followed: Step 1 In the event that either the Company or an employee who or a group of employees has a concern or complaint regarding grievance then there should be an attempt to resolve the application or interpretation of grievance by the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5employee(s) working days of and a Company representative conferring on the occurrence of the incident which gave Rise to issue. If the matter remains unresolved follow Step 2. Step 2 The matter is discussed between the employee(s) involved and a Company representative and, if requested by the employee, another employee from the site nominated by the employee(s) in dispute. If the matter remains unresolved - follow Step 3. Step 3 The supervisor shall address matter is referred to a Workplace Consultative Committee meeting to see if it can assist in resolving the grievance or issue in dispute. If the matter remains unresolved - follow Step 4. Step 4 The matter is further discussed between the employee(s) and respond the Company representative and the Site Manager or other more senior member of the Management and, if requested by the employee, another employee from the site nominated by the employee(s) in writing to dispute. If the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement matter remains unresolved - follow Step 5. Step 5 The matter in dispute shall be any dispute referred to either an Alternative Dispute Resolution (“ADR”) provider or the FWC if agreed to between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged dispute at that time, to have violated. 7.01 Grievances shall be dealt with conciliate in the following manner provided such grievances are filed in writing within ten (10) working days of the response relation to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedissue. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step Iparties are unable to agree upon an ADR provider, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which matter will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator FWC who will then act as the conciliator. If the issue is not resolved by conciliation, the ADR provider or FWC as the case may be, shall deal with the issue by arbitration and decision, subject to any rights of appeal that may exist either under the ADR process or under the Act, shall be selected n rotation from final and shall be accepted by the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall parties. If arbitration is necessary, the ADR provider or FWC as the case may be, may exercise the procedural powers as provided in relation to hearings, witnesses, evidence and submissions which are necessary to make the Ontario Labour Relations Act. At the request arbitration effective. Step 6 In order to allow for a peaceful resolution of either party and prior to an arbitration hearing grievances, the parties shall appoint representatives who will confer be committed to determine if avoid stoppages of work, lockouts or any other bans or limitation on the performance of work while the procedures are being followed. Without prejudice to either party, work shall continue normaly, ie the ‘status quo’ shall remain, while matters in dispute are processed in accordance with this procedure. Step 7 The Company shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established practices at the workplace. Further, where the issue does involve a resolution bona fide safety issue, the employees and the Company shall co-operate to the ensure that:- Step 8 Notwithstanding anything set out above an employee may personally process an individual grievance may be achievedin accordance with these procedures.

Appears in 1 contract

Samples: Enterprise Agreement

GRIEVANCE PROCEDURE. An A grievance is a complaint by an employee who has a concern or complaint regarding group of employees for whom the Union is the bargaining agent, involving the interpretation or application or interpretation of any of the Collective agreement shall first address provisions of this Agreement, or a complaint that an employee has, in writing their concern any manner, been unfairly treated by the Company, or complaint with their Immediate supervisor within five (5) working days that the health and safety of the occurrence employee(s) has been jeopardized. Section 11.02 Nothing contained in this Agreement shall deprive any individual employee of the incident right to discuss with the Company matters in his own interest. However, if such matter presented by an employee involves a question of interpretation or application of this Agreement which gave Rise may establish a precedent, or a question involving a matter appropriate for collective bargaining, the Union and the Company Representative shall be notified immediately. It is encouraged that the employee and his/her xxxxxxx discuss the matter with the employee's supervisor before a formal grievance is entered, in the spirit of trying to settle the matter without it having to go to the matter in dispute. The supervisor shall address and respond grievance procedure. Section 11.03 After the grievance event, the Union Xxxxxxx has two weeks to present the grievance in writing to the Employee’s complaint grievant's immediate supervisor, who shall then hold a meeting on the matter attended by the supervisor having authority over the matter within two (2) seven working days. Provided an employee has first discussed days and answer the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) seven working days of after the response to meeting. In the supervisor. STEP I: The employee assisted by event a Union Xxxxxxx shall meet has made a reasonable but unsuccessful attempt to discuss the grievance with the employee’s contact a grievant's immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render concerning a written decision within five (5) working days of complaint, the meeting. STEP II: If Union Xxxxxxx will note on the union considers that a satisfactory settlement has grievance, "supervisor not been reached at Step I, it may, within five (5) working days of available and the receipt of date," and forward an electronic copy to the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Local Human Resources shall render a decision within five (5) working days of Representative, the meeting. STEP III: If grievant's supervisor and the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of Union's Business Representative. Regional Employee Relations will contact the receipt of supervisor or someone in the Step II reply request in writing supervisors' department to ensure that the grievance will be referred to addressed. If it appears that time requirements will not be met, a single arbitrator to reasonable time extension will be selected n rotation from requested and granted. The grievance must be signed by the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise aggrieved party and must describe the powers as provided in grievance event, the Ontario Labour Relations Act. At contract article involved, and the request for remedy. Section 11.04 If the grievance is not settled under the provisions of Section 11.03, the Union Business Manager or his designee has 10 calendar days to appeal to the Company Representative. The parties will then hold a meeting on the matter within 10 calendar days after this appeal; and the Company Representative then has 10 calendar days after the meeting to give the final Company answer. This meeting may be held via telephone by mutual consent of both parties. Section 11.05 After the final Company answer in Section 11.04, the Union has 10 calendar days to accept, ask for an additional 10 calendar days, or notify of intent to go to arbitration. Section 11.06 Failure of either party and prior to an arbitration hearing abide by the parties time limits set forth above in the grievance process shall appoint representatives who will confer to determine if a resolution result in the grievance being escalated to the next step in the grievance process; however, this does not include the arbitration step. The parties may be achievedextend the time limits by mutual agreement. Section 11.07 The Company will pay straight-time pay for one grievant and one union xxxxxxx for a maximum of one hour each for first and second level grievance meetings. The Company may cancel this provision if it feels it is being abused, by written notice to the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. The procedure for resolving a grievance follows the steps below. Grievances shall be resolved without a work stoppage and without delay. Step 1 An employee Employee who believes that he/she has a concern or complaint regarding grievance shall informally discuss the application or interpretation grievance with his/her supervisor within thirty (30) calendar days following the occurrence of the Collective agreement subject matter of the grievance, or within thirty (30) calendar days of the Employee having a reasonable opportunity to become aware of the occurrence, whichever is later. Every effort shall first address be made by the Employee and his/her supervisor to informally settle the grievance through forthright discussion. The Employee, upon request, has the right to have a Xxxxxxx involved in the discussion. A decision shall be rendered by the Employer to the Employee and to the Xxxxxxx, if involved in the discussion, within ten (10) business days of the initial discussion. Step 1 shall not apply to group, Union or policy grievances initiated by the Parties to this Agreement. These grievances shall commence at Step 3 and must be submitted in writing their concern or complaint with their Immediate supervisor on the proper form by one Party to the other Party within five thirty (530) working calendar days of the occurrence of the incident which gave Rise subject matter of the grievance, or within thirty (30) calendar days of when either Party has had a reasonable opportunity to become aware of the occurrence, whichever is the later. Step 2 If no informal settlement is reached, the grievance shall be written on the proper form and presented by a Xxxxxxx to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation Director of the Agreement. All grievances will clearly specify the circumstances program area, or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing his/her designate within ten (10) working days business days. The form shall record the nature of the response to grievance, the supervisor. STEP I: date and circumstances from which it arose, and the remedy requested. The employee assisted by a Union Xxxxxxx shall meet to discuss Director of the program area or his/her designate will then investigate the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall and render a written decision to the Union within five ten (510) working business days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the grievance. Step I reply3 If no settlement is reached, submit a written request for a meeting which will meeting/teleconference shall be held convened between the grievor, the Xxxxxxx, and the Director, Human Resources or his/her designate within five ten (510) working business days with after the Vice President Human Resources, response from the Director of the program area or his/her designate. Such request shall state the reason A CIEA Representative may attend or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of monitor the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance /teleconference when requested. A written decision shall be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution rendered to the grievance may be achievedUnion within ten (10) business days.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee The Union may elect from among the employees who has a concern have been continuously employed by the Company for at least year, for the purpose of negotiating amendments to or complaint regarding the application modification of any articles or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning provisions of this Agreement or for the purpose of assisting employees in presenting grievances to the Company as set forth in this Agreement. The Union may also elect from among the employees who have been continuously employed by the Company for at least year, stewards for the purpose of sting employees in presenting grievances to the Company as set forth i n this Agreement. The Union shall be any dispute between keep the parties involving interpretation, application, administration or alleged violation Company notified in writing of the Agreementnames of the committeemen and stewards and the effective date of their appointment. All grievances will clearly specify It is agreed that committeemen and stewards shall continue to perform their regular work in order to maintain efficiency of production. However, in accordance with this understanding, should a or xxxxxxx be requested to assist an employee in presenting a grievance during working hours, he w i l l not leave his work without first obtaining the circumstances permission of his xxxxxxx and such permission by the xxxxxxx shall not be unreasonably refused. It is also understood that a or events giving rise to xxxxxxx shall not enter another department without first obtaining the permission of the xxxxxxx of such department and notifying him of the nature of the grievance and the clause involved. Prior to returning to his own department, a committeeman or clauses alleged xxxxxxx will report to have violated. 7.01 Grievances his xxxxxxx. Any dispute or grievance arising out of the interpretation or application of, or compliance with, the provisions of this agreement shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP Ias follows: The employee assisted by a Union Xxxxxxx shall first discuss his complaint with his xxxxxxx. Failing settlement, the employee, his xxxxxxx and xxxxxxx shall meet in order to discuss try to settle the said grievance. Failing settlement, the grievance with will be reduced to writing and presented to the employee’s immediate supervisor within five (5) xxxxxxx. The employee w i l l be entitled to have the assistance of a xxxxxxx in preparing and presenting the written grievance. It shall be optional to the Company to decline to consider any grievance, the alleged circumstances of which occurred more than working days following the date the grievance was submittedprior to its presentation. The supervisor xxxxxxx shall render a written decision within five (5) working days. Step The employee may appeal the decision within working days of to the meeting. STEP II: If the union considers that Production Manager, and shall be accompanied by a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, xxxxxxx or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources Production Manager shall render a decision thin working days. Step The may be submitted within five (5) working days to the Personnel Department to be taken up at a meeting arranged between Management and the Union A representative of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached International Union shall be present at Step II, it may this step. The Company shall render its decision within five (5) working days thereafter. Step Arbitration Should the procedure prescribed by Steps to herein fail to bring about a settlement between the parties with respect to the administration, interpretation or viol of the receipt this Agreement, including any questions as to whether a matter i s arbitrable, either party may, within working days after completion of the Step II reply request notify in writing that the grievance be other party of its desire to have the matter referred to a single arbitrator impartial Arbitrator selected by mutual agreement of the parties. If, within working days, the Company and the Union fail to agree on an Arbitrator, they shall request the Minister of Labour of the Province of Ontario to nominate one. The decision of the Arbitrator shall be selected n rotation from final and binding on both parties. The fees and expenses of the following list Arbitrator shall be shared equally by the parties hereto. The parties recognize the arbitration provision under Section of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of Act and that either party may pursue the requirements of that legislation and prior to an arbitration hearing comply with its provisions as set out in the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedsaid Act.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An Step One - The Parties agree that most issues can be successfully resolved by open discussion at the lowest possible level between the employee, the supervisor, and the Site Manager. Any employee who has with a concern complaint or complaint regarding issue should contact the application appropriate supervisor within seven (7) business days after the employee had knowledge or interpretation should of have knowledge of the Collective 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 witnesses deemed necessary by the union who will give firsthand testimony present if desired. The Company shall inform the employee of the right to have a Union Representative present prior to the start of any 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. Any grievance settlements at Step One of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall first address not constitute a precedent binding the Company or the Union, unless the parties agree, in writing their concern that such settlement shall set a precedent binding on future grievances. 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 complaint his designated representative after notification that the issue was not resolved at Step One. The Director of Maintenance or his designee shall meet with their Immediate supervisor 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 firsthand testimony in an attempt to resolve the matter. The Director of Maintenance or his designated representative shall render a written decision thereon within five seven (57) 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 procedure. Any grievance settlements at Step Two of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. Step Three - If not satisfactorily settled as outlined in Step Two above, the written grievance may 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 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 matter 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. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. If the parties fail to resolve the grievance as outlined in Step Three, the Union may appeal the grievance to arbitration within thirty (30) calendar days after written decision of Step Three. Grievances arising out of a suspension without pay or a discharge shall be submitted directly to Step Three described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Program Director or designee within seven (7) working days of the occurrence effective date of the incident which gave Rise action. If a written grievance is not submitted to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint Program Director or designee within two seven (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (107) working days of the response effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future grievances. It is understood that a Union Official or Chief Xxxxxxx may file grievances on behalf of the Union's interest under this agreement. Therefore, if a grievance pertains to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days Company's interpretation of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days intent and purpose of the receipt application of the Step I replya specific article and section of this agreement that has wide bargaining unit effect, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedfiled by a Union Official on behalf of the Union. Further, if a grievance relates to policy and affects numerous employees, the grievance shall be consolidated and filed by the Chief Xxxxxxx on behalf of the group of employees. (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 request shall be for a list of seven (7) arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator. (B) It is understood that the time limits 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 procedures 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 that should an employee be unavailable to sign a grievance form and deliver it to the Company within the time limits specified in Steps Two and Three of the grievance procedure, the Union may forward the grievance unsigned. (G) No employee shall be discharged, suspended or otherwise disciplined without just or sufficient cause. Any employee, who had been discharged, or 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 action and the reason for such action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern 11.01 The Employer and the Union agree that discussions should occur between employees, Union representatives and Employer representatives when problems or complaint regarding the application differences arise in an attempt to resolve problems or interpretation of the Collective agreement shall first address in writing their concern differences. This grievance procedure is not intended to preclude any discussion between employees, Union representatives and Employer representatives where discussions, relating to problems or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responsedifferences occur, the employee may file a written grievance. A grievance within time limits in the meaning Complaint Step will be extended by the appropriate number of this Agreement shall be days. 11.02 If any dispute between difference concerning the parties involving interpretation, application, administration operation or any alleged violation of the AgreementAgreement arises between the Employer and or the Union, or between the Employee(s) and the Employer, it shall be processed according to the following grievance procedure. All grievances Nothing in this provision deprives employee(s) of any 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 the agreement must have the approval and support of the bargaining agent. 11.03 The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be excluded. In the case of employees working in operations where the days of rest are other than Saturdays and Sundays, then their days of rest shall be excluded. If the time limits set out in Complaint Step, Step Two (2), or Step Three (3) of the grievance procedure are not complied with, then the grievance will clearly specify be considered as being abandoned, unless the circumstances parties have mutually agreed, in writing, to extend the time limits. 11.04 If the Employer fails to meet a time limit, the Union, at its option, may either advance the grievance to the next step or events await the Employer's response, in which case no time limit shall apply against the Union until it has received the Employer's response. 11.05 Employee(s) shall have the right to be represented at any step of the grievance procedure. The employee(s) and the Union representative shall be given leave with pay to attend such meetings. At either Complaint Step or Step Two (2), the Employer representative may be assisted by a Human Resource representative. The Union shall be given full opportunity to present evidence and make representations throughout the grievance procedure. 11.06 The employee(s) shall be advised of their right to have a Union representative present at any disciplinary meeting or at any meeting held with bargaining unit employee(s) to investigate alleged misconduct of the employee(s). WIU�ip!;Q All!.lletl'II• .Wtf'I0�1'1' Complaint: Within twenty-five (25) days of the employee(s) becoming aware of the matter giving rise to the grievance complaint, the employee(s) and or the clause or clauses alleged Union may submit a written complaint to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within Employer representative. Within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit complaint the Employer representative shall meet and provide a written request for response to the employee(s) and the Union representative. In calculating the twenty-five (25) day period referred to above only days during which the employee(s) is actively at work shall be counted. Where an employee(s) commences a meeting leave period during the then twenty-five (25) day period, calculation of the time in which the employee(s) has submitted the complaint will be held within suspended. Upon return to work the employee shall have the balance of the twenty-five (525) working days with day period as calculated above in which to submit the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetingcomplaint. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An 9.01 When an employee who or a group of employees has a concern or complaint regarding dispute involving the interpretation, application or interpretation an alleged violation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5Agreement, the employee(s) working days and the employee’s supervisor(s) will discuss the dispute and attempt to rexxxxx xt. A steward may be present at the employee’s request during the discussion. Failing a satisfactory resolution of the occurrence dispute a grievance may be submitted electronically to the employee’s supervisor bx xxx xhief steward or his designate, to step one of the grievance procedure, provided that no more than three (3) weeks has elapsed since the date of the incident which gave Rise giving rise to the matter in dispute. The supervisor shall address and respond in writing to grievance or two (2) weeks since the Employee’s complaint employee discussed it with his supervisor. 9.02 $ ¿UVW VWHS PHHWLQJ VKDOO EH VFKHGXOHG with reasonable advanced notice within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning weeks of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedis submitted at a mutually agreed upon time. This meeting may be attended by the employee, the employex’x xhift steward anx xxx xhief steward or his delegate. The supervisor shall render a written decision Company will be represented by WKH DSSURSULDWH VXSHULQWHQGHQW DQG/RU KLV delegate and the supervisor. The Company will reply in writing within five one (51) working days of the meetingweek RI WKH ¿UVW VWHS PHHWLQJ. STEP II: If the union considers that 9.03 Failing a satisfactory settlement has not been reached resolution at Step Istep one, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedadvanced to VWHS WZR, XXXXXXXX XXX 0XXXX QRWL¿HV WKH Company in writing within two (2) weeks RI UHFHLYLQJ WKH &RPSDQ\¶V ¿UVW VWHS answer. 9.04 A second step meeting shall be scheduled ZLWKLQ WZR (2) ZHHNV RI WKH QRWL¿FDWLRQ unless an extension date has been mutually agreed upon by the parties. This meeting will be attended by the grievance committee and the National Representative or his delegate. The Company shall be represented by the Mine Operations Manager or his delegate, the HR Representative, and such other &RPSDQ\ RI¿FLDOV DV PD\ EH DSSURSULDWH. Either party may request the presence of the grievor. The Company will reply in writing within one (1) week of the second step meeting. 9.05 Failing a satisfactory resolution at step 9.06 At all steps of the grievance and arbitration procedure, the grievor and the Union shall disclose to the Company a full and detailed statement of the facts, the remedy sought and the provision(s) of the Agreement relied upon. In a similar fashion, the Company shall disclose all pertinent facts upon which it relies. In the event additional facts become available they will be revealed to the other party in a timely fashion. 9.07 D) $ SROLF\ JULHYDQFH LV GH¿QHG DV D dispute which affects the rights of the parties to this Agreement as entities rather than the rights of an individual employee or group of employees. Policy grievances shall be initiated at step two.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has The Company agrees that the full-time and part-time employees covered by this Collective Agreement have the right to representation by a concern or complaint regarding Grievance Committee of not more than two (2) members as may be appointed by the Union. This committee shall have the right to confer with the Company on any grievance having to do with the interpretation, application or interpretation alleged violation of this Agreement. No individual member of group of employees shall undertake to represent the Local Union at meetings with Management without proper authorization form the Local Union. There shall be an xxxxxxx effort by both parties to settle all grievances and disputes without undue delay; the procedure which shall govern the handling of such grievances and disputes between the Company and the Union shall be as follows: Step One: Any employee subject to this Collective Agreement believing has been unjustly dealt with or that any of the Collective agreement shall first address in writing their concern or complaint provisions of this Agreement have not been complied with their Immediate supervisor shall, within five seven (57) working days of days, with a union xxxxxxx, take up the occurrence of grievance verbally with his immediate supervisor in an effort to effect a settlement. If the incident which gave Rise to employee does not receive a satisfactory settlement, the matter in dispute. The supervisor Grievance Committee shall address and respond present the grievance in writing to the Employeeemployee’s complaint immediate supervisor within two (2) working days. Provided an employee has first At such meetings full- time of the Union shall be present if they so desire. Step Two: The grievance shall then be discussed the concern or complaint with their immediate supervisor and is dissatisfied with the owner or his designate and the employee’s immediate supervisor’s response, the employee concerned, the Grievance Committee and the National Representative if requested by either party. If the grievance is not settled it shall be referred to Step No. within two (2) working days. Step Three: A final meeting to attempt settlement to resolve the grievance shall then take place between the committee, the employee concerned, the owner or his designate and a National Representative of the Union, who may file be called in at the request of either party. In the event a written grievancerepresentative is called in, the owner or his designate may request the presence of an outside representative as well. If the grievance is not then settled, either party may refer the grievance to arbitration within a period of seven (7) working days, following receipt of the answer from the Company following the Step meeting, which shall be given to the Area Office of the Union in writing. A complaint or grievance within the meaning of this Agreement shall be any dispute arising directly between the parties involving Company and the Union concerning the interpretation, application, administration application or alleged violation of the AgreementAgreement shall be originated under Step No. All grievances will clearly specify Arbitration: Any difference arising directly between the circumstances or events giving rise parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable may be submitted to arbitration. When either party requests that a grievance be submitted to arbitration, they shall make such in writing, addressed to the other party to this Agreement, and at the same time nominate three (3) arbitrators. Within seven (7) days thereafter, the other party shall nominate three (3) arbitrators. If none of the suggested arbitrators is suitable to both parties then the Minister of Labour for the Province of Ontario shall be requested to appoint one. The Company and the clause or clauses alleged Union agree to have violated. 7.01 Grievances shall be dealt with in equally share the following manner provided such grievances are filed in writing within ten (10) working days expenses of the response arbitrator. No matter may be submitted to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement arbitration, which has not been reached at Step I, it may, within five (5) working days properly carried through all previous steps of the receipt grievance procedure. The decision of the Step I replyarbitrator shall be final and binding upon the parties. No arbitrator shall have the authority to render any decision which in any way modifies changes or amends any part of this Agreement. Notwithstanding anything contained in this Collective Agreement either party may request the Minister of Labour for Ontario, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days pursuant to Section of the meeting. STEP III: If the union considers that Labour Relations Act, to refer a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to arbitrator. The time limits mentioned in Article may be selected n rotation from extended by mutual agreement between the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Actparties. At the request of If either party and prior fails to an arbitration hearing answer any grievance within the parties shall appoint representatives who will confer to determine if a resolution time limits the grieving party may move the grievance to the grievance may be achievednext stage and so on until final settlement is reached.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An 7.01 Should any difference arise between the employer and an employee who has a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise employees as to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration interpretation or alleged violation of the provisions of this Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances , they shall be dealt with taken up in the following manner provided such grievances are filed manner. No employee will have a grievance until he has given his Xxxxxxx an opportunity to adjust his complaint. (a) The employee, accompanied by a Union Representative, shall submit the grievance in writing stipulating the clause violated and the relief or remedy sought to his Xxxxxxx no later than the employee’s third working day after its occurrence or the second working day after he returns to work. (b) Should the Xxxxxxx fail to give his decision within two working days, or should the employee refuse such decision, the Union may forward the grievance within a further two working days to the appropriate Department head for his decision. (c) The appropriate Department head shall give his decision within two working days and should the employee refuse such decision, the Union may forward the grievance to the Mill Manager. (d) Failing settlement at (c), the Union may request a meeting on the grievance with the Vice President of Human Resources or his/her designee and the National Representative and or President of Local 333 will attend this meeting. This meeting should be held within ten (10) working days of receiving the response to the supervisoranswer from (c). STEP I: (e) Failing satisfactory settlement at (d), the Union may refer the grievance to arbitration. The employee assisted by referral to arbitration will be within ten (10) days of receiving the answer from (d) and the Union will notify the Company in writing and at the same time give the name of their arbitrator(s). (f) In the case of a discharge, the grievance procedure will start at (c). (g) In all cases of discharge and discipline, a Union Xxxxxxx shall meet to discuss the grievance will be present with the employee’s immediate supervisor within five (5) working days following employee affected except when the date the grievance was submittedemployee is absent from work and a letter is sent. The supervisor shall render a written decision within five (5) working days of letter will be provided to the meetingUnion. STEP II: If 7.02 All the union considers that a satisfactory settlement has not been reached at Step I, it may, within five Company replies from (5a) working days of the receipt of the Step I reply, submit a written request for a meeting which on will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution attached to the grievance and all time limits specified in this Article may be achievedextended by mutual agreement of both parties. In the event that the Company wishes to file a grievance, it will file such with the Local President within ten (10) days of becoming aware of the events leading to this grievance.

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. An employee who has 8.1 This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a concern representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or complaint regarding work stoppages. 8.2 The Employers, Unions, and the application employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the Project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article. 8.3 Questions between or among parties signatory to a Master Agreement arising out of or involving the interpretation of a Master Agreement shall be resolved under the Collective agreement shall first address grievance procedure provided in writing their concern or complaint with their Immediate supervisor within five (5) working days of that Master Agreement unless the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning terms of this Agreement conflict or the Employer is one obligated to the terms of a Master Agreement under this Agreement but is not signatory to that Master Agreement. Any question or dispute arising under this Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures: (a) When any dispute between employee subject to the parties involving interpretation, application, administration provisions of this Agreement feels he or alleged she is aggrieved by a violation of the this Agreement. All grievances will clearly specify the circumstances , he or events giving rise to the grievance and the clause she , through his or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the her local union considers that a satisfactory settlement has not been reached at Step Ibusiness representative or job xxxxxxx, it mayshall, within five (5) working days after the occurrence of the receipt violation, give notice to the work-site representative of the Step I reply, submit a written request for a meeting which will be held involved Employer stating the provision(s) alleged to have been violated. The business representative of the local union or the job xxxxxxx and the work-site representative of the involved Employer and the Primary Employer shall meet and endeavor to adjust the matter within five three (53) working days after timely notice has been given. The representative of the Employer shall keep the meeting minutes and shall respond to the Union representative in writing (copying the Primary Employer) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. (b) Should the Local Union(s) or the Primary Employer or any Employer have a dispute with the Vice President Human Resourcesother party and, or designate. Such request shall state if after conferring, a settlement is not reached within three (3) working days, the reason or reasons dispute may be reduced to writing and proceed to Step 2 in the answer at same manner as outlined herein for the adjustment of an employee complaint. Step I was unsatisfactory2. The V.P. Human Resources International Union Representative and the involved Employer shall render a decision meet within five seven (57) working days of the meeting. STEP III: If the union considers that referral of a dispute to this second step to arrive at a satisfactory settlement was thereof. Meeting minutes shall be kept by the Employer. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter. (a) If the grievance has been submitted but not reached at adjusted under Step II2, it either party may within five (5) working days of the receipt of the Step II reply request in writing writing, within seven (7) calendar days thereafter, that the grievance be referred submitted to a single arbitrator to be selected n rotation from the following list of arbitrators: an Arbitrator mutually agreed upon by them. The parties agree that Xxxx Xxxxx, Xxxxxx Xxxxxxxxx, Xxxxxxx Xxxxxx and Xxxxxx Xxxxx Xxxxxxxxx Such shall be the permanent arbitrators shall exercise for purposes of this Article 8. Should the powers as provided in the Ontario Labour Relations Act. At the request of either party permanent arbitrators be unavailable and prior to an arbitration hearing the parties shall appoint representatives who will confer are unable to determine if a resolution mutually agree on the selection of an Arbitrator, (b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be achievedextended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her and shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement. 8.4 The Primary Employer shall be notified of all actions at Steps 2 and 3 and shall, upon its request, be permitted to participate in all proceedings at these steps.

Appears in 1 contract

Samples: Project Labor Agreement

GRIEVANCE PROCEDURE. An employee who has a concern Employees are urged to attempt to settle any com- plaints or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint grievances with their immediate supervisor and is dissatisfied shift bosses or supervisors before proceeding with the supervisor’s response, Grievance Proce- dure. It is agreed that the employee may file settlement of any grievance shall not be construed as a written precedent and shall not be binding on the Company or the Union in respect to any other grievance. A grievance within the meaning of Nothing in this Agreement shall be construed to limit or impair the right of any dispute between employee to present any complaint directly to any representative of the parties involving Company. Should any difference as to the interpretation, applicationapplica- tion, administration or alleged violation of the Agreement. All grievances will clearly specify provisions of this Agreement arise between the Company and the Union or any employee and in the latter case, if the employee should wish to present his difference through the procedure set out below instead of presenting it directly to a representative of the Company, an xxxxxxx effort shall be made to settle such difference in the following manner: STAGE ONE: The employee (accompanied and represented by a Xxxxxxx who is reasonably familiar with the work on which the employee is engaged) shall, providing it is done within ten calendar days after the circumstances or events giving rise to the alleged grievance have originated or arisen, present his complaint in writing to his immediate Supervisor, and if within seven calendar days from the time when such complaint was made to the immediate Supervisor a decision satisfactory to the employee is not given to him, STAGE TWO: Before proceeding further with the matter such repre- sentations shall be stated by the employee in writing signed and presented by him (accompanied by his Xxxxxxx), within seven calendar days after the decision of the immediate Supervisor for Stage One has been if no decision was given, then within seven calendar days from the of the time period for giving such decision. Such written representations shall be presented to the Department Superintendent or his designate from time to time to handle such matters at Stage Two. The Department Superintendent or his designate may be accompanied by other officials of the Company. The Department Superintendent or his desig- nate shall give his decision in writing within seven calendar days from the date upon which such representa- tions were presented to him and if the matter is not satisfactorily disposed of, STAGE THREE Notice in writing requesting further consideration of the matter shall, within seven calendar days after the decision of the Department Superintendent or his desig- nate for Stage Two has been or should have been given, be given by the Grievance Committee to the Mine Manager or his designate to handle such matters at this Stage Three. The Mine Manager or his designate shall notify the Union of the time and place at which he will meet the Grievance Committee to discuss the matter. At such time, the representations in writing presented at Stage Two indicating the nature of the grievance and the clause or clauses alleged to have violated. 7.01 Grievances remedy sought shall be dealt with in presented to the following manner provided such grievances are filed in writing within ten (10) working days Mine Manager or his designate by the employees and not less than two and not more than three members of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedGrievance Committee. The supervisor shall render a written decision within five (5) working days Mine Manager or his designate may, if he desires, be accompanied by other officials of the Company. At this meeting. STEP II: If , such representations and the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days decision of the receipt of the Step I reply, submit a written request Department Superintendent or his desig- nate for a meeting which will Stage Two shall be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Actconsidered. At the request inception of either party or during this Stage Three, the Company or the Union may require that a Staff Representative of the Union be present at such meeting. Every effort will be made to settle such difference within seven calendar days from the date upon which the Mine Manager or his designate for Stage Three received written notice of the matter as above set forth and prior to an arbitration hearing the parties Mine Manager or his designate shall appoint representatives who will confer to determine if a resolution to give the grievance may be achieveddecision in writing on behalf of the Company within the seven calendar day period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An The grievance procedure herein below set forth shall apply to all employees covered by this Agreement. Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Any employee having a grievance in connection with his work shall in the first instance take the matter up with his immediate supervisor, who shall orally and informally discuss the grievance with him and attempt to resolve it. The supervisor shall render his determination to the aggrieved employee within fifteen (15) days after the grievance has a concern or complaint regarding been presented to him. If the application or interpretation matter has not been resolved to the satisfaction of the Collective agreement shall first address aggrieved employee by virtue of his supervisor's decision, the employee may then file his grievance in writing their concern or complaint with their Immediate supervisor the head of his immediate department within fifteen (15) days after his supervisor's decision. The matter shall then be immediately taken up by the head of the immediate department, together with the employee and the Union Shop Xxxxxxx concerned, and a decision rendered by the head of the department within fifteen (15) days after receipt of the written grievance. If the grievance is not satisfactorily resolved by the head of the department, the matter shall then be submitted within five (5) working days after its decision, to the Board of Education or to a committee of said Board, which shall, within fifteen (15) days after receipt of the occurrence written grievance, render its decision, which shall be final and binding on all parties. Notwithstanding the foregoing, it is agreed between the parties that where a grievance involves the interpretation, meaning or application of any of the incident which gave Rise provisions of this Agreement, rather than individual employee's grievance in connection with his work, the matter may be referred in the first instance to the joint committee provided for above and further, that if same is not resolved by the joint committee and is in turn referred to the Board or any Committee thereof, the matter in disputeshall, if not resolved by the Board to the satisfaction of all parties, then be submitted for binding resolution by a third party, who shall be mutually agreed to by the Board and the Union. Third parties shall include the American Arbitration Association and PERS. The supervisor time limit set forth in 2 and 3 above shall address and respond be followed. No reprisals of any kind shall be taken by either party or by any member of the Administration against any party in writing interest or participant in the grievance procedure by reason of such participation. Failure at any step to communicate a decision within the specified time limit shall permit the aggrieved to proceed to the Employee’s complaint next step. Failure at any step of this procedure to appeal a grievance to the next step within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with specified time limit shall be deemed to be acceptance of the supervisor’s response, the employee may file a written grievancedecision rendered at that step. A grievance within the meaning sole remedy available to any employee for any alleged breach of this Agreement shall be or any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise his rights hereunder shall be pursuant to the grievance and the clause or clauses alleged to have violatedarbitration procedures provided, however, that nothing contained herein shall deprive any employee of any legal rights which he presently has. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Disputes arising from the interpretation of this agreement or from any other cause affecting any employee or group of employees covered by the agreement shall be negotiated betweenthe Plant Committee of the Union and the Company. It is the mutual desire of the parties hereto that complaints and grievances of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he or she has first given his or her supervisor an opportunityof adjusting the complaint. He or she shall do this within five (5)days after the alleged circumstancesoriginated or occurred. If any differences arise hereafter between the Company and the union, of any employee or employees as to the proper meaning or application of the terms of this agreement, there shall be no stoppage or suspension of work on account of such differences, but such differences shall be submittedthrough the following grievance and arbitration procedures. An employee who shall not leave his or her job to discuss any matter until the Company has had reasonabletime to provide a concern relief person. STEP 1: Any employee seeking adjustment of a complaint shall confer with his or her supervisor, accompanied by a committeeperson. Should this employee or the committeepersonnot receive satisfaction from the supervisor within (2) working days, the matter may be deemed a grievance, and dealt with as hereinafter provided. The complaint regarding shall be detailed on the application or interpretation proper form (Local Grievance Form Xxxxx-Xxxxxxx Operations) in order to be processed. STEP 2: The grievance of the Collective agreement employee shall first address be reduced to writing on a standard form, and shall be signed by the employee and the committeeperson, and presented to the Human Resources Manager within two (2) working days from the date the Supervisor's decision was rendered at Step The complaint shall be detailed on the proper form (Local Grievance Form Xxxxx-Xxxxxxx Operations) in writing their concern order to be processed. The Human Resources Manager and/or the Department Manager shall discuss the matter with the committeeperson and may upon his consideration, discuss the matter with the employee with his or complaint her committeeperson present and with their Immediate or without the supervisor within concerned, and then render a decisionwithin three (3) working days of receipt of the grievance. If the decisionis not to the employee concerned, it may then be referred to the Plant Committee. STEP 3: Within five (5) working days of receipt of management's answer at Step the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address Plant committeewill meet and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with representatives of the employee’s immediate supervisor within managementof the Company, and at this meetingany national representativeof the Union or designeefrom the local may be present, if his or her presence is requested by either party. Any meeting of the plant committee and management will be held at a time mutually agreed upon but not later than five (5) working days following after notice has been given, or any extension of time as may be mutually agreed upon. Ifthe grievance is not settled to the date satisfactionof the plant committee and management, then the grievance was submittedmay be referred to arbitration. The supervisor complaint shall render be detailed on the proper form (Local Grievance Form Gates-WindsorOperations) in order to be processed. Any settlement arrived a?between the Company and the Union at any stage of the grievance procedure shall be put in writing and shall be considered to be, with respect to that grievance, final and binding upon the Company, the Union, and the employee or employees concerned. The time limits specified in Article shall be deemed to be exclusive of Sundays, Saturdays, and statutory holidays as defined herein, and may be extended by agreement between the parties concerned. It is understood and agreed, that in the event there is no agreement to extend the time limits: a) Any grievance which is not filed or processedwithin the time limits set out in the preceding grievance procedure clause, will not be considered under any circumstances, and any grievance which is not answered by the company and placed within the union mailbox or given directly to a written decision union representative within the above limits, will be considered as settled in the union’s favour on a non precedent basis, except when time limits have been extended by the parties. The provisions of Article and (1) shall apply notwithstandingany legislative provisionsto the contrary. Grievancesdisposed of pursuant to these articles shall be on a without prejudice basis. If the Company has a grievance, it shall be taken up by plant management with the plant committee and if not settled satisfactorily within a further five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step Idays, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may proceed to arbitration under the provision of Article Where grievance settlements involve monetary awards, such awards shall be achievedpaid by direct deposit made by separate payment apart from the normal pay by the next pay period, if the grievance settlement is for an amount greater that eight hours pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An Any employee who has or group of employees shall have the right to express a concern complaint and receive an honest hearing, without jeopardy to his/ her position. Any employee may initiate grievance procedures if he/ she feels his/ her rights have been violated by the misapplication or complaint regarding misinterpretation of this Agreement. The grievance must be initiated within forty (40) working days from the application or interpretation date the grievant knew of the Collective agreement alleged grievance. The Association shall have the exclusive right to process all grievances by or on behalf of all em ployees within the bargaining unit above Level 3. This shall apply to members and non-members of the Association. All grievances, at any level, must be in w riting and must identify the specific Article and Section of this Agreement which the employee feels had been misapplied or misinterpreted. Xxx e limits at any level may, by mutual agreement, be extended. The employee m ust first address discuss his/ her grievance with his/ her immediate supervisor. At the employee's option, a representative of the Association may be present at such a discussion. The discussion must specify the Article and Section of this Agreement, w hich the employee feels has been misapplied or misinterpreted. Level 2 - If the m atter is not adequately resolved within ten (10) workdays, the employee may present his/ her case to an Association representative who may, after informing the appropriate supervisor, present the grievance to the Superintendent of Schools or his/ her assistant w ithin ten (10) workdays. The Superintendent or his/ her designee shall schedule a hearing within ten (10) workdays. Following the hearing, the Superintendent or his/ her designee shall render a decision in writing their concern or complaint with their Immediate supervisor w riting and shall so notify the employee, supervisor, and Association by regular United States Mail within five (5) working days of workdays. Level 3 - If the occurrence of m atter has not been resolved following the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within first two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responsesteps, the employee Association may file request a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation hearing on behalf of the Agreementemployee before the Board of Education. All grievances Such a request will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with made in the following manner provided such grievances are filed in writing w riting within ten (10) working days workdays after the Superintendent's decision has been sent to the supervisor and employee. A hearing date shall be set by the President of the response to Board and the supervisor. STEP I: employee and the Association shall be notified of the time and place of the hearing. The employee assisted shall have the right to be represented by legal counsel or a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedperson of his/ her choice. The supervisor Board shall render a written decision within five (5) working days of hear the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, employee or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactoryhis/ her representative and receive any evidence presented. The V.P. Human Resources Board shall render a decision and inform the employee and the Association of this, in writing, within five ten (510) working days of workdays after the meeting. STEP III: hearing. Level 4 - If the union considers that a satisfactory settlement was Association is not reached satisfied with the decision at Step IILevel 3, it may within five (5) working days of and if the receipt of the Step II reply request in writing Association determines that the grievance be referred is meritorious/ the Association may submit the matter to a single arbitrator an impartial Arbitrator to be selected n rotation from mutually agreed upon by the following Association and the District. The Association shall notify the Superintendent within ten (10) workdays that Arbitration is requested. A request for a list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise ten (10) Arbitrators will be made to the powers as provided American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association in the Ontario Labour Relations Actselection of an arbitrator. At The Arbitrator shall review the request of either party proceedings and prior decisions made to an arbitration hearing date in relation to the case. The Arbitrator shall hear the parties shall appoint representatives who and receive any evidence presented. A final decision regarding the dispute will confer to determine if a resolution be rendered by the Arbitrator in accordance to the grievance may rules and procedures of the American Arbitration Association. The Arbitrator's ruling will be achievedstrongly considered by the Board of Education but will in no way be binding on the Board of Education as it makes a final decision on the resolution of the dispute. The costs of the Arbitrator shall be shared equally by the Association and the employer.

Appears in 1 contract

Samples: Memorandum of Agreement (Moa)

GRIEVANCE PROCEDURE. An 7.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is generally understood that an employee who has a concern or complaint no grievance until he/she has first given to his/her supervisor an opportunity of adjusting his/her complaint. 7.02 Should any difference arise between the Company and any of its employees which has not been settled by Article 7.01, above, regarding the application violation, interpretation, or interpretation administration of the Collective agreement provisions of this agreement, an xxxxxxx effort shall first address be made to settle such difference without delay in the following manner: Step No. 1 The aggrieved employee shall present his/her grievance in writing their concern to his/her supervisor within ten (10) working days after the alleged grievance occurred or complaint the aggrieved employee could reasonably have knowledge of it. He/she may have the assistance of his/her Xxxxxxx if he/she so desires. The supervisor shall render his/her decision within two (2) working days after receiving the complaint. Step No. 2 If a satisfactory settlement is not then reached within two (2) working days, the Xxxxxxx shall present the grievance to the Department Manager, who shall meet with their Immediate supervisor the Xxxxxxx and the aggrieved employee within three (3) working days of receiving the grievance. The Department Manager’s decision shall be given within two (2) working days of said meeting. Step No. 3 If a satisfactory settlement is not then reached within five (5) working days of the occurrence receipt of the incident which gave Rise Department Manager’s answer at Step No. 2, the grievance shall be referred to the Union Grievance Committee, which shall take the matter in disputeup with the President (or his or her delegate) at a meeting arranged mutually between the Union Grievance Committee and the Company. At this meeting, a Representative of the Union may be present at the request of either party. The supervisor decision of the President (or his or her delegate) shall address and respond in writing to the Employee’s complaint be given within two three (23) working days. Provided an employee has first discussed days after the concern or complaint meeting to herein is held. 7.03 If a satisfactory settlement of the grievance is not then reached, it may be dealt with their immediate supervisor and is dissatisfied with by arbitration as hereinafter provided. 7.04 The Union and/or the supervisor’s response, the employee Company may file a written grievance. A grievance within regarding the meaning application, interpretation, or violation of this Agreement agreement. Such grievance shall be any dispute between the parties involving interpretation, application, administration or alleged violation initiated at Step No. 3 of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance procedure, and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days accordance with this and further steps of the response grievance procedure and/or arbitration. 7.05 The time limits specified in this Article may be extended only by mutual consent. 7.06 Where management level does not respond, the grievance shall proceed automatically to the supervisornext step. STEP I: The 7.07 It is understood that the aggrieved employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days may be present at any of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be meetings referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedeach step above.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint Employees are encouraged to discuss all problematic situations with their Immediate supervisor immediate Supervisor as soon as possible, with the aim of finding a solution. Should an employee or the Union believe that an employee has been unjustly dealt with, or that the provisions of this Agreement have not been complied with, the following procedure shall apply: Step A complaint or grievance shall be presented to the Manager concerned or in his absence, his designate within five thirty (530) working days of the occurrence date of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within alleged incident, by not more than two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responseUnion representatives, which may include the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretationconcerned, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause Manager or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor his absence, his designate shall render a written his decision within five (5) working days days, and communicate it to the designated Grievance Officer unless the grievance has been presented by the employee alone. Step If a complaint or grievance is not adjusted to the satisfaction of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Union under Step I, it may, shall be taken up within five twenty (520) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human ResourcesRegional Vice-president or, or in his absence, his designate, who shall render his decision within fifteen (15) days. Such request If the Union and the Corporation are unable to agree to the adjustment of any grievance either party may, in writing, within sixty (60) calendar days, refer the grievance to an Arbitrator. Should neither party choose to refer the grievance within the time period herein, the grievance shall state the reason or reasons the answer at Step I was unsatisfactorybe deemed to have been abandoned. The V.P. Human Resources parties agree to name Picher or Xxxxxxxxxx, as sole Arbitrator, to arbitrate all outstanding grievances under this Agreement. If Picher or Xxxxxxxxxx cannot find an available date within ninety (90) days for a hearing, the parties agree to name another Arbitrator to cover such situations. Page If mutual agreement cannot be reached as to the selection of an Arbitrator, either party may then request the Federal Minister of Labour to appoint an Arbitrator. An Arbitrator, to which a matter is referred, shall hear all evidence in the case and shall render a decision within five (5) working days which decision shall be final and binding upon the parties to Agreement. The costs of the meeting. STEP III: If Arbitrator shall be borne equally between the union considers parties to this An Arbitrator is not authorized to alter, modify or amend any part of this Agreement provided that the Arbitrator shall have the power to make a satisfactory settlement was just and equitable determination of questions concerning discipline and discharge and this shall include the right to award with, or without, degrees of compensation. The Corporation the Union may request the Arbitrator to act as a This process would allow the Mediator to assist in resolving the dispute before arbitration if a mutual agreement can be reached between the Corporation and the Union. Before an arbitration takes place, both parties will meet for discovery to ensure disclosure of information pertinent to the case and to avoid surprises during the arbitration process. Documents not reached at Step IIdisclosed before the arbitration takes place shall not be admitted into evidence during the arbitration process with the exception of jurisprudence, it may within five (5) working days documents of precedence, and any documents that are felt necessary by one or the other party for the completion of the receipt evidence as a result of testimony rendered during the Step II reply request arbitration process. Time limits provided for by this Article may be extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in writing that the grievance be referred respect to a single arbitrator lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. Upon application, a Union Committee of not more than two (2) employees shall be selected n rotation from granted necessary leave of absence with pay for the following list investigation and presentation of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedcomplaints or grievances.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding For the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning purpose of this Agreement shall be Agreement, a grievance is any difference or dispute between the Employer and the Union, an employee or group of employees concerning the interpretation or application of this Agreement. The parties agree to make prompt and xxxxxxx efforts to resolve such matters. (a) The procedure for handling a grievance pertaining to any such difference or dispute which may arise under this Agreement, shall be as follows, except that grievances involving interpretationdisciplinary suspensions, applicationtransfers or terminations may be taken directly to Step 3. Step 1 The Union and the immediate supervisor shall attempt to resolve any disputes or differences covered by this Article at the time they arise, administration or as soon as practicable thereafter. In the event they are unable to resolve the issue, the grievance shall be reduced to writing by the Union, and the grievance will state a summary of the facts, the specific portion of the Agreement allegedly violated and the date the alleged violation occurred, and will be signed by the grievant and submitted to the Employer's designated representative within fifteen (15) business days from when the grievant knew or should have known of the Agreement. All grievances will clearly specify the circumstances or events facts giving rise to the grievance grievance. Step 2 All grievances, other than those concerning discharge or suspension, shall be discussed at a Step 2 meeting between the Union representative and the clause or clauses alleged Employer representative, who shall not be the person who participated in Step 1 on behalf of the Employer; to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing scheduled within ten (10) working business days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedwritten grievance. The supervisor shall render a A written decision by the Employer shall be rendered within five ten (510) working business days of the Step 2 meeting. If the grievance is not deemed resolved after the Step 2 meeting, the Union shall request a Step 3 meeting within ten (10) business days of the Employer's Step 2 written decision. STEP II: If Step 3 Following a request for a Step 3 meeting, the union considers that a satisfactory settlement has Union representative and the Employer representative, who, if practicable, shall not been reached at be the person who participated in either Step I1 or Step 2 on behalf of the Employer, it mayshall meet within ten (10) business days. A written decision by the Employer shall be rendered within ten (10) business days of the Step 3 meeting. For all discharge and suspension grievances, the designated Union representative and the designated Employer representative will meet within five ten (5l0) working business days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five grievance notice in an attempt to resolve the issue. (5b) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer All grievances not resolved at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached 3 may be submitted at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitrator whose decision shall be final and binding on the Union and the Employer. The demand for arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may must be achieved.made in writing within fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding 8.01 It is the application or interpretation mutual desire of the Collective agreement shall first address in writing their concern parties hereto that any complaint or complaint cause for dissatisfaction arising between an employee and the Company with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise respect to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of this Agreement shall be adjusted as quickly as possible. 8.02 It is agreed that all meetings throughout the Agreementgrievance procedure held between the Company, the employee and the Union Xxxxxxx shall be held during regular working hours provided that the normal flow of business is not disrupted. All grievances The employee shall be paid for time lost from work to attend these meetings at his or her regular straight time hourly wage rate. There will clearly specify be no payment for those employees who have been suspended or discharged. 8.03 STEP 1: It is generally understood that an employee has no complaint or grievance until they have first given their immediate Supervisor an opportunity to adjust the complaint. This complaint shall be given to the Supervisor within a reasonable period of time not to exceed five (5) working days from the time the employee ought reasonably to have become aware of the circumstances or events giving rise to it. The employee may request a Union Xxxxxxx to be present at this meeting. If a settlement satisfactory to the employee concerned is not reached within two (2) full working days, the grievance may be presented as follows at any time within five (5) full working days thereafter. 8.04 STEP 2: The aggrieved employee may with or without the Union representative present his grievance, which shall be reduced to writing on a form supplied by the Union, to the official of the Company named by the Company to handle grievances at this step. Should no settlement satisfactory to the employee be reached within five (5) full working days, the next step in the grievance procedure may be taken at any time within five (5) full working days thereafter. 8.05 STEP 3: The Union, if it considers it a valid grievance, may submit the grievance to the Manager – Human Resources for GE Plastics Canada and the clause or clauses alleged parties shall meet as promptly as possible thereafter in an endeavour to have violatedsettle the grievance before it is submitted to arbitration. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing 8.06 STEP 4: If satisfactory settlement is not reached within ten (10) working days of from the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss 3 meeting and if the grievance with is one which concerns the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days interpretation, application, administration or alleged violation of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step Ithis Agreement, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedsubmitted to arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has with a concern or complaint regarding must, accompanied by a xxxxxxx, first discuss it with his supervisor and give the application or interpretation latter an opportunity to settle it. If the supervisor's disposition of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days is not satisfactory to the employee, the following procedure will be followed: Step No I If the supervisor's disposition of the occurrence of the incident which gave Rise complaint is not satisfactory to the matter employee, the aggrieved employee accompanied by a xxxxxxx must proceed with the grievance to the department head for discussion and possible resolution. Failing satisfactory resolution by the department head, the complaint will be committed to writing as a grievance and signed in disputetriplicate by the employee and xxxxxxx. The supervisor original shall address and respond be presented in writing such written form to the Employee’s complaint within two (2) working days. Provided an employee has first discussed department head with a copy to Personnel and a copy to be retained by the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responseUnion, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response cause of the grievance. The department head shall give his reply in writing within two (2) working days after the grievance has been received by him. Step No Failing settlement the grievance will be submitted within two (2) working days after receipt of the supervisor's written reply to the supervisor. STEP I: The employee assisted Plant Manager, or a person nominated by the Company management, who will convene a meeting of the Union Xxxxxxx shall meet and Company representative within three (3) working days, from the date of the submission of the grievance (or at other mutually agreed upon time) to discuss the grievance grievance. An International Representative of the Union may be present at this stage. The Plant Manager, or a person nominated by the Company management will render the Company's decision in writing with the employee’s immediate supervisor reasons being given within five (5) working days following from the date of the meeting. A claim by an employee with seniority that he has been discharged or suspended without reasonable cause shall be treated as a grievance was submitted. The supervisor shall render if a written decision statement to that effect is lodged with the within five three (53) working days after the employee ceases to work. The preliminary steps of the meeting. STEP II: If grievance procedure will be eliminated in such cases and the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days procession of the receipt of the grievance will commence with Step I reply, submit a written request for a meeting which No A discharged will be held within five (5) working days allowed a brief interview with a xxxxxxx before he is required to leave the Vice Company's premises. The Company agrees to advise the President Human Resourcesor in his absence the Vice-president when employees are disciplined, discharged, suspended, transferred, recalled, laid off, reclassified or promoted to another job. Such information will be given to the President, or designate. Such request shall state in his absence the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step IIvice-president, it may within five (5) working days of the receipt of the Step II reply request in writing that at the grievance be referred to a single arbitrator to be selected n rotation from time the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedemployee is informed or immediately afterwards.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An 10.01 It is the mutual desire of the parties hereto that complaints of an employee who shall be adjusted as quickly as possible and it is understood that an employee has no grievance until they have given their immediate Supervisor an opportunity of adjusting the complaint. (a) If an employee, or group of employees has a concern complaint or complaint regarding questions involving the application interpretation, administration or interpretation alleged violation of the Collective collective agreement which they wish to discuss with the Company, they shall first address take the matter up with their immediate Supervisor, within five (5) working days, excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days, from the date of the alleged occurrence giving rise to the complaint. They may be accompanied by a Xxxxxxx if they request such assistance. Management may also request the presence of the Xxxxxxx. (b) In the case of a group grievance, the names of all affected employees must be provided to the Company at the time of filing the grievance. 10.03 If such complaint or question is not settled to the satisfaction of the employee(s) concerned within three (3) working days, then the employee(s) with the assistance of the xxxxxxx, if required, shall outline the grievance in writing, indicate the nature of the grievance, the article of the collective agreement involved, and the remedy sought. The employee(s) must sign the grievance. Such document must be submitted to the Human Resources Director within a period of five (5) working days, excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days, from the time the written reply of the employee’s immediate Supervisor is received. After such discussion as is necessary, The Human Resources Director shall state in writing their concern or complaint with their Immediate supervisor decision. If the grievance is not settled within five (5) working days after it has been submitted to the Human Resources Director the grievance may be taken to Step 111 as herein provided. 10.04 Failing settlement of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responsegrievance as Step 11, the employee grievance may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration submitted to General Manager or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor designate within five (5) working days following excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days from the date of the grievance was submittedHuman Resources Director’s reply at Step II. The supervisor employee may have the assistance of a Union Xxxxxxx. The General Manager or designate shall render give a written decision response or meet to discuss the matter within five (5) working days of the meeting.excluding Saturdays, Sundays and statutory holidays but not including STEP II: If the union considers that 10.05 Failing a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At Article l0.04 at the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to in writing, the grievance may be achievedreferred to arbitration provided such a request is made within thirty (30) calendar days after the decision of the General Manager has been rendered. 10.06 The time limits as prescribed in Articles 10, 11, 12 and 13 may be extended by mutual agreement of the parties in writing. Such agreement will not be unreasonably withheld. 10.07 The Company will not rely on a specific disciplinary warning given to an employee where that employee has had no further disciplinary warnings within the twelve (l2) calendar months immediately following the specific disciplinary warning in question. With respect to suspensions, the Company will not rely on a specific suspension given to an employee where that employee has had no further suspensions within the twenty-four

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An (a) Any dispute, grievance or misunder- standing (hereinafter called “grievance”) involving occupational classification, wages, seniority, hours of work or other working conditions which any employee who has a concern or complaint regarding group of employees may desire to discuss and adjust with the application Company shall be handled as follows: Step The employee shall take up his grievance directly with his section head or interpretation xxxxxxx, except where the employee believes that he cannot properly express or explain his difficulties to his section head or xxxxxxx, in which case the employee may report the matter to the xxxxxxx representing his group, who, together with the employee, may take the matter up with the section head or xxxxxxx. With the permission of the Collective employee’s xxxxxxx another xxxxxxx may be consulted on a grievance by the employee in the absence of the regular xxxxxxx representing his group. Step If the grievance is not adjusted by the section head or xxxxxxx within eight hours after the grievance has been submitted to him under the provisions of Step the employee may report the matter to the xxxxxxx representing his group, who, together with the employee, may take up the matter with the section head or xxxxxxx and shall at the same time present a written summary of the grievance, signed by the employee. Step If the section head or xxxxxxx does not settle the matter to the satisfaction of the employee within forty-eight hours after the grievance has been submitted to him under the provisions of Step 2 hereof, the employee and the xxxxxxx, or Chief Xxxxxxx may take up the matter directly with the supervisor. If a satisfactory settlement is not obtained within forty-eight hours after the matter has been discussed with the supervisor the xxxxxxx may submit the grievance in writing to the Union Bargaining Committee with a copy to the Company. The Union Bargaining Committee may then discuss it with the Company at a time to be agreed upon. All decisions arrived at by agreement between the Company and the Union Bargaining Committee with respect to any grievance shall be made in writing and shall be final and binding upon the Company and the Union. Nothing in this agreement shall first address be deemed to take away the right of the individual employee to present any personal grievance to the Company. The time limits specified in this Article IX shall be deemed to be exclusive of Saturdays and Sundays and those holidays described in Article V of this agreement. While an employee may discuss a grievance with his section head or xxxxxxx at any time, a request for retroactive adjustment need not be entertained by the Company unless the grievance is pre- sented in writing their concern or complaint with their Immediate supervisor within five (5) working thirty days of the occurrence date of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and or if more than two weeks have elapsed from the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with time the employee receives a decision in writing at any step in the following manner provided such grievances are filed in writing within ten (10) working days of the response grievance procedure to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss time the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution is carried to the grievance may be achievednext higher step.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern A. Any grievance or complaint regarding dispute which may arise between the application parties involving the application, meaning or interpretation of this Agreement shall be settled in the Collective agreement following manner: B. In presenting a grievance, the following successive steps must be followed until the grievance is settled: Step 1. Any Employee having a grievance, or one designated member of a group having a grievance after first having notified the Xxxxxxx/Supervisor of his/her grievance, may at his/her option discuss the matter directly with his/her Xxxxxxx/Supervisor or request that his/her Xxxxxxx be called for the purpose of attempting to adjust the grievance. Step 2. In the event the grievance is not settled orally by the Xxxxxxx/Supervisor, the Xxxxxxx shall first address be notified without undue delay and the grievance shall be put in writing their concern on forms supplied by the Employer and submitted to the Director of the Unit involved or complaint with their Immediate supervisor his/her designated representative. The grievance shall be signed by the aggrieved Employee or, in the case of a group grievance, by the Xxxxxxx and by the aggrieved Employee representing the group, and shall set forth the date(s) of the alleged infraction, the nature of the grievance, adjustment sought and facts necessary to support the grievance. A group grievance shall state the specific group which is aggrieved. Each party’s representative shall be responsible for making certain that all relevant facts and contentions, that are available at the time, have been developed and considered by Step 2. The Director or his/her designated representative shall give his/her written disposition on the grievance to the Xxxxxxx within five (5) working days of days. Step 3. If the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (grievance is not resolved at Step 2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement it shall be any dispute between presented by the parties involving interpretation, application, administration Union to Department of Labor Relations or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, its designee within five (5) working days of the receipt of the Step I replyappeal. Representative of the University not to exceed three (3) in number, submit a shall meet with the Union's representatives, not to exceed three (3) in number. A written request for a meeting which will disposition of the hearing shall be held submitted to the Union within five (5) working days with following the Vice President Human Resourcesmeeting. Additional persons may be present by mutual agreement. Step 4. If the grievance has not been resolved in the foregoing steps and the Union desires to carry it further, or designate. Such request shall state the reason or reasons matter may thereupon be referred to a Pre-arbitration Hearing by appealing the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision grievance within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached answer given at Step II, it may 3. The Pre-arbitration Hearing shall be held within five ten (510) working days after the appeal or as mutually agreed. The Pre-arbitration Committee shall consist of two (2) representatives selected by the receipt Employer and two (2) representatives selected by the Union. To expedite the procedure, the Step 4 (Pre- Arbitration Hearing) may be bypassed if the Union and the Employer have nothing further (evidence, defenses, etc.) to add to the record after the Employer’s Step 3 written disposition has been provided. If there is no resolution within twenty (20) calendar days of the Step II reply request in writing that 4 meeting, or if the grievance employer and the Union elect to bypass Step 4 , then, if agreed to by both parties, as an alternative method of resolving disputes the parties may proceed to external mediation through the Michigan Employment Relations Commission, prior to arbitration. Mediation As an alternative method of resolving disputes, the parties may, by mutual agreement, proceed to external mediation through the Michigan Employment Relations Commission, within 30 days of receiving the Step 3 decision, if no Step 4 was held, or within 30 days of receiving the step 4 decision, if a step 4 meeting is held. The Mediator shall be referred to a single arbitrator to be selected n rotation from chosen by mutual agreement: Recommendations or decisions submitted by the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations ActMediator are non-binding·. At the request conclusion of mediation. but within 20 days of the recommendation or decision reached by the mediator, either party and prior to an may file-for arbitration. In the absence of a step 4 meeting or external mediation, the Union may request arbitration hearing within 40 calendar days of the parties shall appoint representatives who will confer to determine if Step 3 meeting by filing a resolution written notice with the American Arbitration Association with a copy of the request to the grievance may be achievedUniversity.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern A grievance is hereby jointly defined to be any controversy, complaint, misunderstanding or complaint regarding the dispute arising as to meaning, application or interpretation observance of any of the Collective agreement shall first address in writing their concern provisions of this Agreement. It is mutually agreed that any differences arising between the Employer and the Union or complaint with their Immediate supervisor within five (5) working days any employee of the occurrence Employer as to the meaning or application of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning provisions of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with settled in the following manner provided such grievances are filed manner: Section 1. The aggrieved employee or employees shall first take the matter up with the xxxxxxx who in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss turn will take the grievance up with the employee’s immediate supervisor within five (5) working days following xxxxxxx in charge. Employees shall have the date the grievance was submittedxxxxxxx present on any grievance. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has is not been reached at Step I, it may, affected with the xxxxxxx within five one (51) working days of day, the receipt of employees shall submit such grievance to the Step I replyUnion's Business Representative in writing. Section 2. If no satisfactory adjustment is agreed upon, submit a written request for a meeting which will the matter shall be held within five (5) working days with referred by the Vice President Human Resources, or designate. Such request Business Representative to the Association who shall state review the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render alleged grievance and offer a decision within five (5) working days after receipt of same. Section 3. If no agreement can be reached pursuant to the procedure specified in Sections 1 Section 4. In the event the Association and the Union agree to arbitration, the Association and the Union agree to accept the decision of the meetingmajority of the arbitration board, consisting of one (1) member selected by the Association, one (1) selected by the Union and the third selected by the two arbitrators nominated as above. STEP III: If Section 5. Stewards shall be permitted to leave their work to investigate and adjust grievances of any employee within the union considers that a satisfactory settlement was not reached at Step II, it may xxxxxxx’x jurisdiction. No time or pay will be lost during regular working hours by any xxxxxxx while performing the xxxxxxx’x duties or investigating grievances. Section 6. Complaints regarding the discriminating discharge of employees will be handled promptly according to grievance procedure herein provided. Such complaints must be filed within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.five

Appears in 1 contract

Samples: Joint Agreement

GRIEVANCE PROCEDURE. An 14.01 Where an employee who has feels himself to be aggrieved by the interpretation or application in respect of him of a concern provision, of statute or complaint regarding a regulation, by-law, direction or other instrument made or issued by the application or interpretation Employer, dealing with terms and conditions of employment or, an alleged violation of any of the Collective provisions of this agreement by the Employer, or where the person has the written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the following procedure shall first address in writing their concern or complaint with their Immediate supervisor within five apply: STEP ONE: Within ten (5l0) working days after the alleged grievance has arisen or the employee became aware of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responsegrievance, the employee may file a written grievance. A present his grievance within in writing either by personal service or by mailing by registered mail, on the meaning of this Agreement shall be any dispute between form authorized by the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise Labour and Employment Board to the grievance and person designated by the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with Employer as the first level in the following manner provided such grievances are filed in writing Grievance Procedure. If the employee receives no reply or does not receive satisfactory settlement within ten (10) working days from the date on which he presented his Grievance to the person designated as the first level of the response Grievance Procedure, the employee may proceed to the supervisor. Step Two. STEP ITWO: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five Within ten (510) working days following from the expiration of the ten (10) day period referred to in Step One, the employee may present his grievance in writing at the second level of the Grievance Process, either by personal service or by mailing by registered mail to the person designated by the employer as the second level in the Grievance Procedure. If the Employee does not receive a reply or a satisfactory settlement of his Grievance from the person designated by the Employer as the second level in the Grievance Process within ten (10) working days from the date on which he presented his grievance at the second level, the employee may proceed to Step Three. STEP THREE: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step Two, the employee may present his grievance in writing at the third level of the Grievance Process either by personal service or by mailing it by registered mail to the person designated by the Employer as the final level in the Grievance Process for the Department in which he is employed. Any settlement proposed by the Employer at the levels one and two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The person designated as the final level shall reply to the grievance in writing to the employee within ten (10) working days from the date the grievance was submittedpresented at the third level. The supervisor shall render Should the employee not receive a written decision reply or satisfactory settlement of his grievance within five ten (510) working days from the date on which he presented his grievance at the final level, the employee may refer his grievance to Adjudication as provided in Article 15 (Adjudication) hereof, within fifteen (15) working days of the meetingdate on which he should have received a reply from the person designated as the final level. STEP II: 14.02 In any case where the employee presents his 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 or agent of the Union. 14.03 In determining the time in which any step under the foregoing proceedings is to be taken, Saturdays, Sundays, and recognized holidays shall be excluded. If advantage of the union considers that a satisfactory settlement provisions of this Article has not been reached taken within the time limits specified herein the alleged grievance shall be deemed to have been abandoned and cannot be reopened. 14.04 The Parties may mutually agree to extend the time limits specified herein. 14.05 Any matter giving rise to a dispute directly between the Union and the Employer shall be processed at Step I, it may, Three of the Grievance Procedure within five twenty (520) working days of the receipt of occurrence thereof. Should the Step I replymatter not be settled, submit a written request for a meeting which will be held within five (5) working days with either party may refer its differences to the Vice President Human Resources, or designate. Such request shall state Labour and Employment Board pursuant to the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Public Service Labour Relations Act. At . 14.06 In the request event an employee grieves that his layoff or inactive status is in violation of either party Article 11 (Layoff Inactive Status and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the Recall) his grievance may be achievedinitiated at Step Three of the Grievance Procedure within ten (10) days after the alleged grievance has arisen.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation 7.01 The parties to this Agreement are agreed that it is of the Collective agreement utmost importance to adjust complaints and grievances as quickly as possible. 7.02 No grievance shall first address be considered (a) Which usurps the function of the management, or (b) Where the circumstances giving rise to it occurred or originated more than two full working days before the filing of the grievance. (a) Grievances properly arising under this Agreement shall be adjusted and settled as follows: Step No. 1 The aggrieved employee shall present the grievance orally or in writing to supervision as designated by the Company. The employee shall have the assistance of their concern xxxxxxx if they so desire. If a settlement satisfactory to the employee is not reached within 72 hours (or complaint any longer period which is mutually agreed upon), the grievance may be presented as follows at any time within 72 hours thereafter. The aggrieved employee may with their Immediate supervisor within five xxxxxxx present their grievance (5which shall be reduced to writing on a form supplied by the Union and approved by the Company) working days to the Department Head or, in their absence, the Assistant or Acting Department Head, who shall consider it in the presence of the occurrence of person or persons presenting same, and the incident which gave Rise xxxxxxx or supervisor, and render their decision in writing. Should no settlement satisfactory to the matter employee be reached within 72 hours, the next step in dispute. the grievance procedure may be taken at any time within 72 hours thereafter. (a) The supervisor shall address and respond aggrieved employee may submit their grievance in writing to the Employee’s complaint within two (2) working daysLocal Union Executive. Provided an employee has first discussed the concern or complaint with their immediate supervisor The Local Union Executive and is dissatisfied with the supervisor’s response, the employee (if the employee so desires) shall meet as promptly as possible with Management to consider the grievance. (b) The Company agrees that the Union may file substitute an elected xxxxxxx for a written grievancemember of the Union Executive when the department from which the grievance originated is not represented on the Union Executive. A grievance within In such cases, Management must be given ample notice of the meaning of this Agreement shall be any dispute substitution. It is further understood and agreed between the parties involving interpretationthat, applicationproviding 24 hours advance notice has been given to the Company, administration a representative of the Communications, Energy and Paperworkers’ Union may attend third step grievance hearing meetings if the Union Executive desires the presence of such a representative. 7.04 If final settlement of the grievance is not completed within seven working days after deliberations have commenced and if the grievance is one which concerns the interpretation or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to , the grievance and the clause or clauses alleged may be referred by either party to have violateda Board of Arbitration as provided in Article VIII below at any time within 21 days thereafter, but not later. 7.01 Grievances shall be dealt with in 8.01 Both parties to this Agreement agree that any dispute or grievance concerning the following manner provided such grievances are filed in writing within ten (10) working days interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement procedure outline in Article VII above, and which has not been reached at Step Isettled, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list Board of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At Arbitration at the request of either party and prior to an arbitration hearing of the parties hereto. 8.02 The Board of Arbitration will be composed of one person appointed by the Company, one person appointed by the Union and a third person to act as chairperson chosen by the other two members of the Board. 8.03 Within 48 hours of the request by either party for a Board, each party shall appoint representatives notify the other of the name of its appointee. 8.04 Should the person chosen by the Company to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven days of the notification mentioned in 8.03 above, the Minister of Labour for the province of Ontario will be asked to nominate a member of the judiciary of the Province of Ontario to act as chairperson. 8.05 The decisions of a Board of Arbitration constituted in the above manner shall be binding on both parties. 8.06 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. 8.07 Each of the parties to this Agreement will bear the expenses of the arbitrator appointed by it; and the parties will jointly bear the expenses, if any, of the chairperson. 8.08 No person shall be selected as arbitrator who will confer has been directly involved in attempts to determine if a resolution to negotiate or settle the grievance may be achievedgrievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding It is the application or interpretation mutual desire of the Collective agreement shall first address in writing their concern Parties hereto that complaint or complaint cause for dissatisfaction arising between an employee and the Employer with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise respect to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern application, interpretation or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning alleged violation of this Agreement shall be adjusted as as possible. It is generally understood that an employee has no complaint or grievance until either directly or through the Union, has first given Client Service Manager an opportunity to adjust the complaint. In this Article it is understood that the terms “Client Service Manager, General Manager and Human Resources Manager” used in this Agreement refer to the position or the equivalent position within each individual Employer’s organization. If, after registering the complaint with the and such complaint is not settled within five regular working days or within any dispute between longer period which may have been agreed to by the parties involving interpretationParties (in writing), application, administration or alleged violation then the following steps of the Agreement. All grievances will clearly specify the circumstances or events giving rise grievance procedure may be invoked: The grievance shall be submitted in writing to the grievance Site Manager or management designate either directly or through the Union. The Site Manager or management designate shall meet with the employee and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing employee’s Union xxxxxxx within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss receipt of the grievance with in an attempt to resolve the employee’s immediate supervisor grievance. The Site Manager or management designate shall within a further five (5) working days following the date give answer on the grievance was submittedform and return it to the Union, If the decision of the Site Manager or management designate is not satisfactory, the grievance will be submitted to the Employer within ten (10) working days. The supervisor shall render a written decision Employer within five fifteen (515) working days hold a meeting between the employee and the Union grievance committee, not to exceed three (3) in number and the appropriate representatives of Management, in a final attempt to resolve the grievance. A Staff Representative of the meeting. STEP II: If Union the union considers that may be present at this meeting if requested by either Party, The Employer shall within a satisfactory settlement has not been reached at Step I, it may, within five further ten (510) working days of give decision in writing, on the receipt of the Step I reply, submit a written request for a meeting grievance form and return it to Union. The Employer shall not be to consider any grievance which will be held is not presented within five ten (510) working days with after the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days Union first became aware of the meeting. STEP III: alleged violation of the Agreement. Thereafter, the time limits in the Grievance Procedure shall be considered directory and not mandatory. If final settlement of the union considers that a satisfactory settlement was Grievance is not reached at Step IITwo, it the Grievance may be referred in writing by either Party to Arbitration as provided in Article I at any time within five (555) days after the decision is received under Step Two. Employer grievances will be submitted directly to the servicing Staff Representative in the respective area. All time in this Article may be extended by mutual agreement of the parties, The Union agrees that all correspondence from the Union shall be on official letterhead. All policy and group grievances shall be submitted at Step within the time limits contained in Article Where stewards are required to attend meetings with the employer outside of regular hours of work, such time spent shall be considered time worked. For the purposes of this Article, call-in pay provisions contained in this Agreement shall not apply. Should final settlement of the grievance be reached and no written request to arbitrate be sent by facsimile or registered mail within the fifty-five (55) working days of the following receipt of the Employer’s response under Step II reply request in writing Two, the grievance shall be deemed withdrawn. For any grievance of a continuous nature, the Employer’s liability shall be limited to thirty (30)days prior to the filing of the grievance, provided that the grievance be referred Union has received notice pursuant to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.Article

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. Step 1 An employee who has having a concern question or complaint regarding the application or interpretation of the Collective agreement shall first address in writing their concern or complaint with their Immediate refer it to his immediate supervisor within five (5) ten working days of the actual occurrence of the incident which gave Rise leading to the matter in disputequestion or complaint. The supervisor shall address and respond in writing reply to the Employee’s employee, giving the answer to the complaint or question within two (2) four working daysdays from the date of the submission. Provided an 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 has first discussed and will, within five working days after the concern or complaint with their immediate supervisor and is dissatisfied with date of the supervisor’s response's reply, be submitted to the employee may file 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 grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise reply to the grievance and will be given within three working days after this meeting has been held. If arbitration of any grievance is to be invoked, the clause or clauses alleged to have violated. 7.01 Grievances request shall be dealt with in made by either party within fifteen days after the following manner provided such grievances are filed in writing within ten (10) working days date of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached reply at Step IThe Home shall not be required to consider any grievance, it maythe alleged circumstances of which occurred more than one week before being taken up at Step With grievances concerning pay, within five (5) working days of the any action shall be taken as soon as reasonably possible following receipt of the Step I replypay cheque. If the Union or any of its representatives fails to observe any of the time limits set out under this grievance procedure, submit the 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, whichever is applicable. An employee subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right, if she so requests, to the presence of the Union 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. Having provided a written request to the administrator at least one week in advance, an employee shall be entitled to her personnel file for a meeting which will be held within five (5) working days with the Vice President Human Resources, purpose of reviewing any evaluations or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided formal disciplinary notations contained therein in the Ontario Labour Relations Actpresence of a supervisor at a mutually satisfactory time. At It is understood and agreed that an employee is not entitled to see job references. As used herein, the request of either party and prior terms and/or "working shall mean Monday to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedFriday inclusive, but excluding any Paid Holidays.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An (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 who has or group of employees may desire to discuss and adjust with the Company shall be handled as follows: Step 1 The employee shall discuss his grievance with the Shift Supervisor of his department. If the employee believes that he cannot properly express or explain his difficulties to the Shift Supervisor, 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 concern or complaint regarding the application or interpretation written summary of the Collective 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 satisfactory settlement is not reached within forty-eight (48) hours after the matter has been discussed in accordance with Step 2 hereof, 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 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 first address 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 their concern or complaint with their Immediate supervisor within five thirty (530) working days of the occurrence date of the incident which gave Rise rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within grievance or if more than two (2) working daysweeks have elapsed from the time the grievance is carried to the next higher step. Provided The time limits specified herein will not include periods during which an employee has first discussed is unable to file or process a grievance on account of leave of absence or vacation. (a) Any difference between the concern or complaint with their immediate supervisor Company and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning Union involving an alleged violation of any Article of this Agreement which directly affects the interests of the Union or the Company as a party to this Agreement may be filed as a grievance in writing by either party. Any such grievance so submitted shall if initiated by the Union be signed by the employee recognized as the representative of the Union Committee of Local 9042 or if initiated by the Company shall be any dispute between signed by the parties involving interpretationSite Manager or his appointee. The written grievance shall state the matter at issue, application, administration or alleged the grounds on which the violation of the Agreement. All grievances will clearly specify Agreement is alleged to have occurred, the circumstances or events giving rise to the grievance and the specific clause or clauses alleged to have violatedrelied upon and the nature of the relief or remedy sought. 7.01 Grievances shall be dealt with in (b) The Company and the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx Committee shall meet to discuss the grievance with the employee’s immediate supervisor within five at a time to be mutually agreed upon which shall not be later than ten (510) working days following the date 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. The supervisor submitted shall render confirm its decision in writing to the other party within ten (10) days. (c) While a written decision 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 five thirty (530) working days of the meetingdate of the incident which gave rise to the grievance. STEP II: If 11.03 Unless the union considers that party initiating a satisfactory settlement has not grievance processes it within the time limits set forth in this Article 11 the grievance shall be deemed to have been reached at Step Iabandoned. 11.04 The time limits specified in this Article 11 shall be deemed to be exclusive of Saturdays, it maySundays, within five (5) working days those holidays described in clause 6.03 of this Agreement and planned vacation shutdowns. These time limits may be extended by mutual agreement of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetingparties concerned. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. (a) Representation for the effective handling of grievances and disputes between the parties under this Agreement, shall be: 1. The Union will be represented by properly designated Stewards in each section at each point on the System, who will be known as the section Xxxxxxx, one of which will be known as the Chief Xxxxxxx. 2. The Chief Xxxxxxx will deal with officials of the Company together with, or through, an accredited representative of the Union. 3. The Company will be represented by an authorized representative at each point, who will be empowered to settle all local grievances involving changes in Company Policy, or the intent and purpose of this Agreement. 4. The Union and Company will, at all times, keep the other party advised through written notice of any change in authorized representatives. 5. The accredited representative of the Union should be permitted at any time to enter shops and facilities of the Company for the purpose of investigating grievances and disputes, after contacting the Company official in charge, and advising him of the purpose of the visit. (b) For the presentation of disputes and grievances that may arise, the following procedure will apply: STEP 1: An employee who believes that he has a concern been unjustly dealt with, or complaint regarding the application that any provisions of this Agreement have not been properly applied or interpretation of the Collective agreement shall first address in writing their concern interpreted will present his grievance or complaint with their Immediate supervisor or through his designated shop xxxxxxx within five (5) working days from the date of the occurrence of the such incident which gave Rise to the matter in disputehis Department Manager. The supervisor shall address and respond in writing to Manager will discuss the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied grievance with the supervisor’s responseShop Xxxxxxx, the employee may file if available, and will render a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing decision within ten (10) working days following receipt of the response grievance. If the Step 1 decision is not satisfactory, the shop xxxxxxx shall make a Step 2 appeal using the electronic Grievance Management Program (GMP) or by written form to the supervisorCompany’s Human Resources Manager, within ten (10) days after receipt of the decision. STEP I2: Any grievance not satisfactorily resolved at Step 1 shall be reviewed by the Human Resources Manager or his/her designee and the General Chair who shall meet within twenty (20) days after the receipt of the Step 1 decision. Within ten (10) days following such meeting, the Company or Union, depending on who is the grieving party, will issue a written decision setting forth its position which will be mailed to the other party. If the position received is not satisfactory to the grieving party, it must appeal the decision to the System Board of Adjustment within ten (10) days after receipt of the Step 2 decision. STEP 3: If no satisfactory adjustment is reached in the previous steps, the grievance and decisions thereon may be appealed to the Systems Board of Adjustment as set forth in Article 14 of this Agreement; provided that notice of intent to appeal is filed within thirty (30) days from receipt of the decisions made by the Human Resources Manager. (1) No employee who has been in the service of the Company for more than one hundred eighty (180) calendar days will be disciplined to the extent of loss of pay or discharged without first having the benefit of a fair impartial hearing. However, an employee may be suspended pending such investigation or such hearing. (2) The employee assisted by a Union Xxxxxxx shall meet to discuss will be advised in writing of the grievance with the employee’s immediate supervisor precise charge or charges preferred against him within five (5) working days following after the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days Company has knowledge of the meetingoccurrence, and copies will be furnished to the Local Chair and the International Representative. STEP II: If (3) In the union considers that event of a satisfactory settlement has not been reached at Step Idischarge or suspension, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which hearing will be held within five (5) working days with from the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days date of the meetingwritten notice, and at this hearing the employee may have present representatives of his own choosing. He will be permitted to hear all evidence against him and with his representative, question all witnesses and/or statements against him. Reasonable opportunity will be allowed employees to secure the presence of their representatives, and it should be the obligation of the Company to summon all witnesses whom the employee feels can present facts which will lend weight to his testimony. STEP III: If (d) In case it is found the union considers that suspension or discharge is unjust, the employee will be reinstated with full seniority, paid for time lost (less any monies received from employment), and records corrected. (e) All hearings and investigations will be conducted during regular day shift working hours, and committee members and necessary employee witnesses shall not suffer loss of pay while handling grievances or attending investigations. (f) No employee selected as a satisfactory settlement was not reached at Step II, it may within five (5) working days representative of the receipt Union will be discriminated against for lawful activity on behalf of the Step II reply request in writing that the grievance Union. (g) All references to days will be referred business days, Monday to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedFriday.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding Election of Stewards In order to provide for the application or interpretation of grievances, the Employer acknowledges the rights of the Collective agreement Union to appoint or elect stewards, whose duties shall first address be to assist any employee which the xxxxxxx represents in preparing and presenting his grievance in accordance with the grievance pro- cedure. of Stewards The Union, shall the Employer in writing their concern of the names of each xxxxxxx, no more than six and the he represents before the Employer shall be required to recognize them. Any changes in the xxxxxxx personnel shall be given to the Employer within days from his appointment in writing. Grievance Committee The stewards so selected shall constitute the Grievance so long as they remain employees or until the Employer is advised by the Union of any changes. One xxxxxxx shall be appointed by the Union as Chief Xxxxxxx. Servicing Grievances No xxxxxxx shall his work without first getting permission from his immediate supervisor or head. He must report to the supervisor when to work. Such permission shall not be unreasonably withheld. Settlement Through Discussion The parties agree that when an employee a complaint or grievance, he be encouraged to discuss the matter with their Immediate supervisor his immediate supervisor, accompanied by his xxxxxxx, within ten working days from the time the incident occurred giving rise to the complaint or alleg- ed this Agreement and before the first step of the grievance procedure is implemented. Settling of Grievances: STEP 1: Where the matter has not been resolved through discussion as in Article above, then within fifteen work- ing days from the time the incident occurred giving rise to the grievance, the employee, together with his xxxxxxx, may present a grievance to the Supervisor in writing. The Supervisor shall render his decision, in writing, within ten working days from the receipt of the grievance. STEP Failing satisfactory settlement. within five (5) working days after receipt of the Supervisor's decision under Step the grievanceshall besubmitted to the Administrator by the Grievance Committee with the employee concerned. The Administrator shall render his decision, in writing, within ten working days from the receipt of the grievance. STEP Failing satisfactory settlement under Step the Union may within thirty working days of receiving the occurrence of the incident which gave Rise to the matter Administrator's decision as outlined in dispute. The supervisor shall address Step and respond on giving five day's notice in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responseEmployer of its intention, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers refer thedispute as provided for in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.Article

Appears in 1 contract

Samples: Provincial Collective Agreement

GRIEVANCE PROCEDURE. An employee who has 17.1 A grievance is defined as a concern dispute or complaint regarding disagreement as to the interpretation or application or interpretation of the Collective agreement specific terms and 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 first address notify the Employer in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence 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 incident which gave Rise 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 matter Employer during normal working hours, provided that the 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 the work program of the Employer. It is understood that the 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 disputeconformance 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 supervisor grievance shall address be in writing and respond set forth the nature of the grievance, the facts on which it is based, the provision or 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 EmployeeEmployer’s complaint Step 2 designee by the Organization within two fifteen (215) working dayscalendar days shall be considered waived. Provided If practical, an aggrieved employee has first discussed and the concern or complaint with their immediate supervisor and is dissatisfied Organization are encouraged, but not required, to seek resolution of the dispute directly with the supervisoremployee’s response, the employee may file supervisor before initiating a written grievance. A grievance within However, absent a written agreement between the meaning Union and the Employer’s Step 1 designee, such preliminary resolution efforts shall not extend the timelines of this Agreement Section 17.4. Step 2. If appealed, the grievance shall be any dispute discussed between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance Organization and the clause or clauses alleged to have violated. 7.01 Grievances Employer-designated Step 2 representative. The Employer-designated representative shall be dealt with in give the following manner provided such grievances are filed Organization the Employer’s Step 2 answer in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working calendar days following the date Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to the Employer’s Step 3 designee by the Organization within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance was submittedshall be presented by the Organization and discussed with the Employer-designated Step 3 representative. The supervisor Employer-designated representative shall render a written decision give the Organization the Employer’s answer in writing within five ten (510) working calendar days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative’s final answer in Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate3. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was Any grievance not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request appealed in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may Employer’s Step 4 designee by the Organization within ten (10) calendar days shall be achievedconsidered waived.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding the application or interpretation 9.01 The Local Union Grievance Committee shall consist of any two of the Collective agreement following: the Local Union President and Vice President and the Chief Xxxxxxx and the Xxxxxxx of the division in which the grievance arises. 9.02 Any two members of the Grievance Committee shall first address be permitted to investigate and process grievances in accordance with the grievance procedure outlined in Section 9.04 during working hours without loss of earnings. (A) All grievances under this article shall be barred if not initiated pursuant to Step 1 within thirty (30) days of occurrence. (B) Failure to comply with the time limits set forth in this article shall bar the further processing of the grievance, and said grievance shall be deemed withdrawn with prejudice. 9.04 Differences arising out of the interpretation or application of this Agreement shall be handled as follows: STEP 1. A meeting between the Divisional Xxxxxxx, the aggrieved employee and the head of the division involved shall be held. If a satisfactory settlement is not reached within one (1) working day of said meeting, the dispute shall be reduced to writing their concern and filed with the department head within three (3) additional working days. STEP 2. A meeting shall be held between the Grievance Committee, the aggrieved employee, the Department Head and the Director of Personnel. If the matter is not settled within three (3) working days after said meeting, the grievance shall be taken up under Step 3. STEP 3. A meeting shall be held between the Grievance Committee, a Union staff representative, the aggrieved employee and the City Manager and such City staff representatives as he deems necessary. In all matters except those matters involving promotion, demotion, transfer, suspension or complaint with their Immediate supervisor discharge if the matters are not settled within five (5) working days of the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s responseStep 3 meeting, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretationtaken up under Step 4. Matters concerned with demotion, applicationtransfer, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance suspension, and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision discharge not settled within five (5) working days of the meetingStep 3 meeting may be appealed by the aggrieved employee to the Personnel Hearing Board in accordance with Step 4 which follows. (It being specifically understood that all matters involving demotion, transfer, suspension or discharge have to be heard and decided by the Personnel Hearing Board prior to proceeding to arbitration in accordance with Step 4). However, if the Personnel Hearing Board fails to convene a hearing within sixty (60) days of the date of the appeal from the City Manager's decision, then the Union will be free to consider the matter not satisfactorily settled under Steps 1, 2 or 3 and may submit the matter to arbitration under Step 4. Cancellation, postponement or unavailability by the employee or the Union will automatically extend the time within which the Personnel Hearing Board must convene a hearing. STEP II: If 4. A grievance not satisfactorily settled under Steps 1, 2 or 3 shall be submitted to arbitration. The arbitrator shall be chosen by mutual agreement. However, if at the union considers that a satisfactory settlement has not been reached at Step I, it may, within end of five (5) working days of there is no mutual agreement, the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request matter shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single the American Arbitration Association for selection of an arbitrator in accordance with its Voluntary Labor Arbitration Rules. The arbitrator shall have no power to add to, subtract from or change the terms of this Agreement. 9.05 It is hereby specifically agreed by and between the Union and the City that any and all settlements of grievances shall be selected n rotation from final and binding upon all the following list parties herein concerned. 9.06 The Local President, Chief Xxxxxxx and/or Staff Representative of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators the Union shall exercise be permitted to visit the powers as provided in divisions or operations of the Ontario Labour Relations Act. At City during working hours with approval of the request City. 9.07 It is hereby specifically agreed that the decision of the arbitrator shall be final and binding upon the parties and all rights of appeal by either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedany court, tribunal, etc. are hereby expressly waived. 10.01 (A) HOLIDAYS

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has Section 1 A grievance is defined as a concern claim or complaint regarding dispute arising out of the application or interpretation of this Agreement, under express provisions of this Agreement and shall be processed in the Collective agreement shall first address following manner: Section 2 Step 1. An employee having a grievance must submit in writing their concern the grievance to the department head within five (5) working days from the date of the event giving rise to the grievance or complaint with their Immediate supervisor the date the employee could reasonably have been first made aware of the event. Such grievance must be submitted in writing listing the ARTICLE and Section violated, the specific grievance and the remedy desired. The Department Head shall fix a time and place for a grievance hearing within five (5) working days of the occurrence receipt of the incident grievance which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within not more than ten (10) working days from that date. Following close of the response grievance hearing, the Department Head shall render his/her decision within ten (10) calendar days. Section 3 Step 2. If the aggrieved employee or the Union is not satisfied with the decision of the Department Head and desires to proceed with the grievance, he/she shall follow the time sequence in step one (1) above and appeal in writing to the supervisor. STEP I: The employee assisted by City Manager setting forth his/her basis for appeal of the Department Head, citing reference to specific sections of this contract which have been violated and the basis of his/her grievance. Such grievance shall be discussed between the employee, a Union Xxxxxxx representative and the City Manager or his/her designated representative. Such meeting shall meet take place prior to discuss the grievance City Manager or the designated representative issuing his/her decision. The City Manager or the designated representative shall render hislher decision within ten Section 4 Step 3. If the Union is not satisfied with the employee’s immediate supervisor decision of the City Manager or the designated representative, the Union may submit in writing a request to the American Arbitration Association to appoint an arbitrator to resolve the grievance. If the Union fails to submit such written request for the appointment of an arbitrator within five twenty (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (520) working days of the meetingCity Manager or the designated representative's decision, the grievance shall be deemed abandoned and no further action shall be taken with respect to such grievance. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days Section 5 The decision of the receipt arbitrator shall be final and binding upon the parties as to the matter in dispute. Section 6 The expenses of the Step I reply, submit a written request arbitrator shall be paid by the losing party. Each party shall make arrangements for a meeting which will and pay the expense of witnesses who are not City employees who are called by them. Collective Bargaining Agreement AFSCME FY09-FY11 Section 7 Time limits may be held within five (5) working days with the Vice President Human Resources, extended or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days by-passed by mutual agreement of the meetingparties. STEP III: If Section 8 All decisions involving wages, wage rates, promotions, transfers, hours worked and not worked, shall be retroactive to the union considers that a satisfactory settlement was not reached date the grievance first occurred at Step II, it may within five (5) working days the discretion of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedarbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding It is the application or interpretation mutual desire of the Collective agreement parties hereto that complaints and grievances of the employees concerning the interpretation or alleged violation of the Agreement be resolved as quickly as possible. Such matters shall first address be taken up in the following manner and sequence and all decisions arrived at between the Company and the representatives of the Union, or decisions by an arbitrator shall be final and binding upon the Company, the Union, and the employee or employees concerned and shall not be subject to by any other party except by mutual agreement. Step Within two (2) full working days after an employee received knowledge of facts or alleged facts that may constitute a grievance, the aggrieved employee, together with his xxxxxxx, if so desired shall present and discuss said grievance with the supervising Assistant Production Manager. Every effort should be extended to resolve the alleged grievance at this point. Step If the grievance is not settled in the above Step proceedings, it shall within two (2) full working days be submitted in writing their concern to the Production Manager by the Chief Xxxxxxx. The written grievance shall set forth the following: (a) The statement of material facts; The specific section or complaint sections of the Agreement allegedly violated or misinterpreted; The specific adjustment sought. Upon receipt of such Step grievance, a meeting shall be scheduled by the Production Manager with their Immediate supervisor the employee and the Chief Xxxxxxx, to be held within three (3) full working days. The Production Manager shall give his answer to the grievance in writing within two (2) full working days of the meeting to the Chief Xxxxxxx. Step If the grievance is not settled in the above Step. proceedings, it may, within two (2) full working days, be submitted in writing to the Human Resources Manager who will schedule a meeting (not to interfere with plant operations) with the Union President and Chief Xxxxxxx within five (5) full working days days. At this Regional Representative of the occurrence of the incident which gave Rise to the matter in disputeUnion may be present if requested by either party. The supervisor shall address and respond Human Resources Manager will render his decision in writing to the Employee’s complaint within two (2) working daysdays following such meeting. Provided an employee has first discussed Step If the concern or complaint with their immediate supervisor and grievance is dissatisfied with not settled in the supervisor’s responseabove Step proceedings, the employee may file a written grievance. A grievance Union through its Regional Representative will contact the General Manager to discuss the situation within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to decision made in the supervisor. STEP I: The employee assisted by above Step proceedings. If the parties do not reach a satisfactory conclusion, the Union Xxxxxxx shall meet to discuss may submit the grievance with to arbitration by notifying the employee’s immediate supervisor Company in writing within calendar days of the decision of the General Manager. Failure to do so within calendar days will be considered a settlement and/or abandonment. Arbitration: When the Union gives written notice for arbitration it will at the same time nominate an arbitrator. Within five (5) full working days following thereafter, the date the grievance was submittedCompany will nominate an arbitrator. The supervisor two (2) arbitrators so nominated shall render a written decision meet immediately and, if within five three (53) full working days they fail to settle the grievance, they shall attempt to select by agreement a chairman for the arbitration board. If they are unable to agree upon such a chairman within a further period of two (2) full working days, they shall then request the meeting. STEP II: If Minister of Labour for the union considers that Province of Ontario to appoint a satisfactory settlement chairman. Such chairman shall be selected from other than Civil Service and shall be chosen having regard to his impartiality, his qualifications in interpreting collective bargaining agreements, and his familiarity with industrial relations in a manufacturing environment. No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance. No matter may be submitted to arbitration which has not been reached properly carried through all previous required steps of the grievance procedure. Each of the parties to this Agreement will bear the expenses of the arbitrator appointed by it plus any lost wages for participants testifying upon such respective parties behalf, and the parties will jointly bear the expenses, if any, of the chairman. The arbitration board shall not be authorized to make any decision inconsistent with the provisions of the Agreement, or to alter, modify or amend any part of this Agreement. It is agreed that an employee, other than a probationary employee who has been discharged or suspended, may request to consult with his union for a reasonable period of time prior to leaving the plant premises. Should a grievance be filed, the discussion of same shall commence at Step I, it may, within five (5) working days of the receipt Grievance Procedure. A grievance arising directly between the Company and the Union, or group of employees in one or more departments may be submitted in writing at Step of the Step I replyGrievance Procedure. Grievances not processed by the Union within the time limits specified herein shall be considered to have been settled or abandoned. In the event the Company does not answer a grievance within the time limits specified, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state Union must process it to the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days next step of the meetingGrievance procedure to keep it timely. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. No grievance shall be considered where the circumstances giving rise to it occurred or complaint regarding originated more than twenty (20) full working days before the filing of the grievance. Grievances properly arising under this Agreement involving the interpretation, administration, application or interpretation alleged breach of this Agreement shall be adjusted and settled as follows: STEP The aggrieved employee shall present his complaint to his Superintendent within three (3) working days of the Collective agreement Occurrence of the event upon which the grievance is based. If a settlement satisfactory to the employee concerned is not reached within three (3) full working days, the complaint shall first address be presented as follows at any time within three (3) full working days thereafter but not later. STEP The aggrieved employee shall with his Union representative present his grievance which shall be reduced to writing on a form supplied by the Union and approved by the Employer identifying the article or articles alleged to have been violated and the relief sought, to the Department Head concerned. The Department Head will hear the grievance within four (4) working days. The Department Head shall respond in writing their concern or complaint with their Immediate supervisor within four (4) working days of the meeting. Should no settlement satisfactory to the employee be reached, the next step in the Grievance Procedure may be taken at any time within five (5) full working days thereafter, but not later. STEP The Union, if it considers it a valid grievance, may submit the grievance to the General Manager and the representatives of the parties, including the shall meet within five (5) working days to endeavour to settle the grievance. The General Manager shall give his response in writing within seven (7) working days following the meeting. If a satisfactory written settlement is not reached within twenty (20) days of the occurrence of Commission's reply and if the incident grievance is one which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, application and administration or alleged violation of the this Agreement. All grievances will clearly specify the circumstances or events giving rise to , the grievance and the clause or clauses alleged to have violated. 7.01 Grievances shall be dealt with in the following manner submitted to arbitration as provided such grievances are filed in writing below within ten twenty (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted20)working days. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a no written request for arbitration is received within the time provided the grievance shall be deemed to have been abandoned. Any grievance over disciplinary action, including discharge or suspension, shall be submitted at the step appropriate to the level of supervision from where the disciplinary action was administered. The time limits and other procedural requirements set out in this Article are mandatory and not merely directory, therefore, failure to put a meeting which will be held within five (5) working days grievance in writing at the proper step in accordance with the Vice President Human Resourcesrequirements hereof shall be deemed a complete waiver and abandonment of the grievance by the 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 within the times specified. The mandatory provisions of this Article shall not be considered to have been waived by the parties, or designateeither of them, unless they expressly provide a waiver thereof in writing, signed by both parties. Such request In this shall state the reason not include Saturdays, Sundays or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working holidays and any period of days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedextended by mutual agreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. Section 1. A grievance as used in the Agreement is to mean a claim by the Union or an employee in writing signed by the employee and a committeeman clearly stating the violation of a right given under a provision and during the term of this Agreement. No other dispute, controversy or claimed misunderstanding will be a grievance. Section 2. Except as may otherwise be mutually agreed or provided herein, grievances will be processed as follows: Step 1. An xxxxxxx effort shall first be made to settle the grievance informally between the aggrieved employee who has a concern and xxxxxxx if requested by the employee and the immediate supervisor within three (3) work days from the date the grievance arose, or complaint regarding within three (3) work days from the application or interpretation time the aggrieved became knowledgeable of the Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of the occurrence of the incident which gave Rise to the matter in disputematter. The supervisor shall address and respond in writing to the Employee’s complaint give his answer as soon as practicable but within two three (23) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation work days from receipt of the Agreementcomplaint. All grievances settled in Step 1 will clearly be non-precedent setting and non-citable in other grievances or arbitration. Step 2. If the matter is not resolved under the preceding or if the supervisor fails to give his answer within the time provided, the xxxxxxx and/or the aggrieved employee shall have three (3) work days to reduce the grievance to writing. The grievance shall be signed and dated by the aggrieved employee and the xxxxxxx. The written grievance shall specify the circumstances or events giving rise to incident involved, the grievance facts relied upon by the grievant, and the clause or clauses particular article and section number of this agreement which is alleged to have violatedbeen violated by the Company. The grievance will then be presented to the second-level manager. The manager shall arrange to meet with the xxxxxxx or other designated Union official and shall give his decision on the matter in writing on the grievance form within three (3) work days from this meeting. 7.01 Grievances Step 3. If the matter is not satisfactorily resolved, as provided for in step 2, the Union may, within three (3) work days, refer the matter to the Plant Manager (or other designated official of the company) and request that the Staff Representative (or other designated official of the Union) be assigned to assist in resolving the matter. The designated official of the Union and the Chief Xxxxxxx and the Company shall be dealt with meet as soon as mutually convenient and make an effort to resolve the dispute on a mutually satisfactory basis. If the matter in the following manner provided such grievances are filed in writing dispute is not resolved or disposed of within ten (10) working work days from the time the matter is referred under this step, the Union may refer the matter to arbitration by serving written notice on the Company of a desire to arbitrate the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor dispute within five ten (510) working work days following from the date the matter was handled in this final step. Grievance settlements reached at any step of the grievance was submittedprocedure shall be final and binding on the Company, the Union and the aggrieved employee. Unless mutually agreed otherwise the grievant will be present in all steps of the grievance procedure. Section 3. If a grievance is filed claiming that an employee has been discharged unjustly, the provisions of Step 1 and Step 2 shall be waived and the matter will be taken up between the parties under provisions of Step 3 above. Section 4. The supervisor time limits outlined in this grievance procedure will be strictly adhered to, unless both parties agree to an extension. If the Union fails to process a grievance within the time limits provided for in this grievance procedure, the grievance shall render be considered null and void. If the Company fails to answer a written decision grievance within five (5) working days the time limits provided, the Union may then carry a grievance to the next step of the meetingprocedure. This appeal must be made within the same time limits which would have prevailed had the Company answered the grievance on the last day allowed in the various steps of the procedure. “Work days” as referred to in this article excludes Saturdays, Sundays and holidays. STEP II: Section 5. If the union considers that a satisfactory settlement has grievance is not been reached at Step Iappealed to arbitration within the time period allowed, it may, within five (5) working days will be considered as settled at the third step of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meetinggrievance procedure. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Bayou Steel Corp)

GRIEVANCE PROCEDURE. An employee who 11.1: A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of a specific article and section of this collective bargaining agreement as it relates to a specific member of this bargaining unit. The "grievance procedure" specified herein shall not apply to any matter which is prescribed by federal or state law, or regulations, or over which the Employer has a concern or complaint regarding no power to act. No Employer prerogative shall be made the application or interpretation subject of the Collective agreement grievance procedure. If a grievance arises, there shall first address in writing their concern be no stoppage of, or complaint with their Immediate suspension of work, but said grievance shall be submitted to the following grievance procedure, which shall be the exclusive remedy for a violation of this Agreement. 11.2: Should a grievance arise between an employee and the City an xxxxxxx effort shall be made by all parties to resolve such grievance promptly and the following procedure shall be adhered to: Steo One. An informal conference between the employee and his/her supervisor shall be conducted within five ten (510) working days of the occurrence knowledge of the incident which gave Rise to the matter in disputesaid grievance. IN NO EVENT SHALL ANY GRIEVANCE BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT UPON WHICH IT IS FOUNDED. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievancerequest that his/her xxxxxxx be present at that meeting and such request shall not be denied. A grievance within Steo Two. In the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to event the grievance and the clause or clauses alleged to have violated. 7.01 Grievances cannot be resolved in Step One, it shall be dealt with in the following manner provided such grievances are filed in writing then within ten (10) working days of the response occurrence of Step One be reduced to writing and submitted to the supervisor. STEP I: City Administrator. The employee assisted by City Administrator shall then give to the Union a Union Xxxxxxx shall meet to discuss written answer within the next ten (10) working days. If the grievance is not appealed by the Union to the next step within an additional ten (10) working days, such answer shall be considered as settlement of the grievance. Stet> Three. In the event the grievance cannot be resolved in the above steps, the grievance shall be submitted to arbitration, in accordance with the employee’s immediate supervisor following: A. Arbitration shall be invoked by the Union serving written notice on the Employer of intent to arbitrate within five fifteen (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (515) working days of the meetingStep Two answer. ! . STEP II: B. Both parties will attempt to mutually agree on an arbitrator. If the union considers parties cannot do so, the Union will make a request to the Federal Mediation and Conciliation Service (FMCS) for the selection of an arbitrator in accordance with the applicable rules. Page 7 City of Gibraltar/TPOAM Effective July 1, 1998 to Jun~ 30, 2003 12.4: All layoffs shall be in reverse order of seniority. The layoff of employees shall be in the reverse order of seniority to the extent that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days the remaining employees are qualified to perform the work of the receipt of laid off employee. In the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing event that the grievance more senior employee is not capable of performing the remaining work, the employee shall be referred to a single arbitrator to be selected n rotation from laid off and the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achievedless senior employee retained.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding 7.01 It is the application or interpretation mutual desire of the parties to this Collective agreement shall first address in writing their concern or complaint with their Immediate supervisor within five (5) working days of Agreement that complaints and grievances concerning the occurrence of the incident which gave Rise to the matter in dispute. The supervisor shall address and respond in writing to the Employee’s complaint within two (2) working days. Provided an employee has first discussed the concern or complaint with their immediate supervisor and is dissatisfied with the supervisor’s response, the employee may file a written grievance. A grievance within the meaning of this Agreement shall be any dispute between the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify Collective Agreement be adjusted as quickly as possible. 7.02 It is understood that an employee shall first raise his complaint with the circumstances or Plant VP. 7.03 No grievance shall be considered and the complaint shall be deemed to have been abandoned if the events giving rise to the grievance and the clause complaint occurred or clauses alleged originated or ought to have violated. 7.01 Grievances shall be dealt with in come to the following manner provided such grievances are filed in writing within attention of the employee more than ten (10) working full calendar days before the filing of the response grievance. No grievance shall be further considered and the grievance shall be deemed to have been abandoned if the time limits set out in Article 7.04 are not adhered to by the Union. If the Corporation fails to respond within the stipulated time limits the grievance shall automatically proceed to the supervisornext step. The parties may mutually agree to extend the time limits; however, such agreements shall be in writing. STEP I7.04 Grievances properly arising under this Collective Agreement shall be adjusted and settled as follows: The aggrieved employee assisted by a Union Xxxxxxx shall meet present his grievance in writing to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submittedPlant VP. The supervisor aggrieved employee may request the assistance of a Xxxxxxx. The Plant VP shall render reply with a written decision within five seven (57) working full calendar days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of following the receipt of the Step I replygrievance. Within seven (7) full calendar days following the receipt of the Plant VP’s decision, submit the aggrieved employee may present the grievance in writing to the Corporation’s General Manager or his designate who shall consider it in the presence of the grievor, the grievor’s immediate supervisor, the Xxxxxxx and a National Representative of the Union. The General Manager or his designate shall issue a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five seven (57) working full calendar days of the following such meeting. STEP III: 7.05 If final settlement of the union considers that a satisfactory settlement was grievance is not reached at Step IINumber 2, it then the grievance may be referred to Arbitration in writing by either party, as provided in Article 9 below, at any time within five twenty-one (521) working full calendar days of either following the receipt of the decision given under Step II Number 2 or following the expiry of the time to reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution allowed under Step Number 2 to the grievance may be achievedGeneral Manager or his designate if he has failed to reply.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee who has a concern or complaint regarding (a) Any dispute, concerning the interpretation, application or interpretation administration of this Collective Agreement (hereinafter called a grievance) shall be handled in accordance with the Collective agreement shall first address provisions of this Article. (b) While an employee may discuss a grievance with his/her supervisor at any time, a request for retroactive adjustment need not be entertained by the Company unless the grievance is presented in writing their concern or complaint with their Immediate supervisor within five (5) working thirty days of the occurrence date of the incident which gave Rise rise to the grievance. Any grievance shall be deemed to have been withdrawn if, after a written answer has been given at any Step, more than thirty days have elapsed before the grievance is carried to the next Step. (c) The employee shall first take up his/her grievance directly with the supervisor of the department in the presence of a union xxxxxxx. If the matter in disputeis 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. The If the written decision of the supervisor shall address does not settle the matter to the satisfaction of the employee or four regularly scheduled working days have elapsed since the grievance was submitted under the provisions of this step, the employee and respond the xxxxxxx may: Submit the grievance in writing to the Employee’s complaint within two (2) working daysHuman Resources Department or delegate. Provided an employee has first discussed the concern or complaint with their immediate supervisor The Union Bargaining and is dissatisfied Grievance Committee may then discuss it with the supervisor’s responseSite Manager or delegate at a time to be agreed upon. If the Site Manager or delegate does not settle the matter to the satisfaction of the Union Bargaining and Grievance Committee within eight weeks after the grievance has been submitted under this step, the employee provisions of Article 15 may file a written grievance. A be invoked. (d) All decisions arrived at by agreement with the Site Manager, or delegate, and the Union Bargaining and Grievance Committee with respect to any grievance within the meaning of this Agreement shall be any dispute between made in writing and shall be final and binding upon the parties involving interpretation, application, administration or alleged violation of the Agreement. All grievances will clearly specify the circumstances or events giving rise to the grievance Company and the clause or clauses alleged to have violatedUnion. 7.01 Grievances shall be dealt with in the following manner provided such grievances are filed in writing within ten (10) working days of the response to the supervisor. STEP I: The employee assisted by a Union Xxxxxxx shall meet to discuss the grievance with the employee’s immediate supervisor within five (5) working days following the date the grievance was submitted. The supervisor shall render a written decision within five (5) working days of the meeting. STEP II: If the union considers that a satisfactory settlement has not been reached at Step I, it may, within five (5) working days of the receipt of the Step I reply, submit a written request for a meeting which will be held within five (5) working days with the Vice President Human Resources, or designate. Such request shall state the reason or reasons the answer at Step I was unsatisfactory. The V.P. Human Resources shall render a decision within five (5) working days of the meeting. STEP III: If the union considers that a satisfactory settlement was not reached at Step II, it may within five (5) working days of the receipt of the Step II reply request in writing that the grievance be referred to a single arbitrator to be selected n rotation from the following list of arbitrators: Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx Such arbitrators shall exercise the powers as provided in the Ontario Labour Relations Act. At the request of either party and prior to an arbitration hearing the parties shall appoint representatives who will confer to determine if a resolution to the grievance may be achieved.

Appears in 1 contract

Samples: Collective Agreement

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