GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner: Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted. Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting. Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance. 7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure. 7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays. 7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties. 7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that grievances shall be adjusted as quickly as possible. It is understood that when an employee has no grievance until a complaint, the employee has given their supervisor an opportunity will be encouraged to adjust their complaint. The supervisor shall have two (2) days to reply to discuss the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed matter with the steps of employee's Supervisor as soon as possible after the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible.
12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or grievance. The grievance will clearly state the name(s) application in respect of the grievor(s)employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the article(s) violated, if any, and the corrective action requested. The Supervisor following procedure shall reply to the employee, giving the answer to the complaint or grievance in writing within five apply: STEP ONE: Within twenty (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (520) working days after the decision is given in Step 1alleged grievance has arisen or the employee became aware of the grievance, the employee may present the employee, who may request the assistance of her Committeeperson, shall submit the 's grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the Administratoremployee's immediate supervisor or the person designated by the Employer as the first level in the grievance procedure. A meeting will then be held between the Administrator or her designated representative and If the employee within five (5) working days. It is understood that at such a meeting the Administrator receives no reply or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing does not receive satisfactory settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following from the meeting under Step 2 of date on which the employee presented the employee's grievance to the employee's immediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step Two. STEP TWO: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step One, the employee may present the employee's grievance shall be deemed to have been settled and in writing at the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 second level of the grievance procedure and throughout process either by personal service or by mailing by registered mail, to the employee's immediate supervisor or to the person designated by the Employer as the second level in the grievance procedure.
7:03 For . If the purpose employee does not receive a reply or satisfactory settlement of the employee's 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 the employee presented the employee's 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 the employee's grievance in writing at the third level of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of process either by personal service or by mailing it by registered mail to the time limits employee's immediate supervisor or the person designated by the Employer as the final level in the grievance and arbitration procedure may be extended process for the Department in which the employee is employed. Any settlement proposed by the written consent Employer at 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 fifteen (15) working days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory settlement of the parties.
7:05 When a employee's grievance is submitted in writing by either within fifteen (15) working days from the Employerdate on which the employee presented the employee's grievance at the final level, the Union or an employee it shall clearly set forth may refer the nature employee's grievance to Adjudication as provided in Article 13 hereof, within fifteen (15) working days of the grievance, date on which the article(s) violated if any and employee should have received a reply from the remedies sought.person designated as the final level. Grievance Procedure:
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 6.1 The parties agree that grievances Guild shall designate a committee of its own choosing to take up with the Employer or a duly authorized agent any matter arising from the application or interpretation of this Agreement or any matter affecting the relations of the Employer and the employee.
6.2 A grievance must be adjusted as quickly as possiblereduced to writing and submitted to the Manager of Human Resources within thirty (30) days of its occurrence. Failure to do so will result in the abandonment of the grievance. The Employer agrees to meet with the committee within five (5) days after written request for such meeting. Said request shall include an outline of the matter and the relief sought. Such meetings may be held on the Employer's time. The Employer agrees to release without loss of pay or leave credit properly accredited Guild representatives to attend grievance meetings. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity Employer will not be required to adjust their complaint. The supervisor shall have release more than two (2) days to reply employees from each department for these meetings. A request for such release shall be submitted to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps Employer as far in advance of the grievance procedure. these meetings as possible.
6.3 Any grievance or dispute relating to matter involving the interpretation, application application, administration or alleged violation of this Agreement (except renewal of this Agreement), or relating including any question as to any terms or conditions whether a matter is arbitrable, not satisfactorily settled within thirty (30) days of employment shall its first consideration between the parties, may be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it submitted to her immediate Supervisor in writing final and binding arbitration by either party. If not so submitted within five thirty (530) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) last meeting of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresparties, the grievance may will be referred to arbitration by either the Employer or the Uniondeemed abandoned. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within Within ten (10) working days following of receipt of this notice, the meeting under Step 2 parties shall select a mutually acceptable arbitrator. If the parties are unable to agree on the selection of an arbitrator within these ten (10) days, the Federal Minister of Labour shall be requested to appoint the arbitrator. The cost and/or expense of such arbitration shall be borne equally by the Employer and the Guild, except that neither party shall be obliged to pay the cost of a stenographic transcript without express consent.
6.4 Conditions prevailing prior to an action or circumstance which resulted in a grievance shall be maintained unchanged pending final settlement of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance as provided herein. This shall not be the subject matter apply in cases of a further grievancedismissal for just and sufficient cause.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of 6.5 Any time limit mentioned under the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days Grievance Procedure shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance Statutory Holidays and arbitration procedure may be extended by the written consent of the partiesmutual consent.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 Employees and supervisors are encouraged to attempt to resolve on an informal basis, at the earliest opportunity, a problem that could lead to a grievance. If the matter is not resolved by informal discussion, it shall be settled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below):
a) name(s) of the grievant or grievants, if applicable;
b) a brief summary of the facts giving rise to the alleged violation;
c) citation of the section or subsections of this Agreement alleged to have been violated;
d) the date of the alleged violation;
e) the specific remedy requested. Any written grievance filed at Step Two or Three not in accordance with the above requirements may be denied on the basis of improper filing and may be appealed to the next Step in accordance with this procedure. This meeting shall be held within fourteen (14) calendar days of receipt of the request. The supervisor, employee(s), and Union ▇▇▇▇▇▇▇ shall attempt to resolve the grievance. If desired by the supervisor, another member of management may be present so long as that person will not be hearing the grievance at Step Two, should it progress to that Step. The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until are limited to one (1) representative each present on Employer paid time, in addition to the employee has given their supervisor an opportunity to adjust their complaintgrievant and the supervisor. The supervisor shall have two (2) days to reply respond to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed grievant with the steps a copy of the grievance procedure. Any grievance or dispute relating response to the interpretation▇▇▇▇▇▇▇ within fourteen (14) calendar days following the meeting. If the grievance remains unresolved, application or alleged violation the Union may submit it to Step Two. A representative of this Agreementthe appropriate Human Resources Department shall hold a meeting between the head of the unit, or relating the grievant, and the designated Union representative on Employer paid time to any terms or conditions of employment discuss and attempt to resolve the grievance. This meeting shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing held within five fourteen (514) working calendar days of the actual occurrence giving rise to receipt of the complaint or Step Two grievance. The grievance will clearly state the name(sWithin fourteen (14) calendar days of the grievor(s)meeting, the article(s) violated, if any, and head of the corrective action requested. The Supervisor unit shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the provide a decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative grievant and the employee within five (5) working days. It is understood that at such Union representative with a meeting copy to the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employerappropriate Human Resources Department. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail parties are limited to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.two
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 7.01 The parties agree hereto desire that grievances every complaint shall be adjusted dealt with as it justly deserves as quickly as possible. It is understood that an employee has no .
7.02 Step 1: Should a grievance until arise, the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to along with his/her ▇▇▇▇▇▇▇, or in the complaintabsence of a ▇▇▇▇▇▇▇ with a member of the Plant Committee, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed discuss it with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five four (54) working days of after the actual occurrence event giving rise to the complaint grievance or grievance. The grievance will clearly state within four (4) working days after the name(s) employee became aware or ought to have become aware of the grievor(s), event giving rise to the article(s) violated, if any, and the corrective action requestedgrievance. The Supervisor shall reply by the end of the next working day.
7.03 Step 2: If the reply of the Supervisor to the grievance is not satisfactory to the employee, giving then he/she may reduce the answer grievance to writing, sign it with the ▇▇▇▇▇▇▇, or in the absence of the ▇▇▇▇▇▇▇ with a Committeeperson. The grievance should identify the clause or clauses alleged to have been violated along with a brief explanation of the issue(s) involved. The Committeeperson shall present it to the complaint Operations Manager/Shift Superintendent or grievance in writing his/her designate within five three (53) working days from the date it that he/she received the reply of the supervisor. The Operations Manager/Shift Superintendent, or his/her designate, will meet with the Committeeperson or designate and render a decision in writing within three (3) working days after the day on which the grievance was submittedpresented.
7.04 Step 2 3: If further action the reply of the Operations Manager/Shift Superintendent or his/her designate is then not satisfactory to the Union, the grievance may be taken, then presented by the Plant Chairperson to Management within four (4) working days from the date of the reply of the Operations Manager/Shift Superintendent or his/her designate. The Plant Committee and Management shall meet within five (5) working days after the decision is given in Step 1grievance has been so presented. Upon request by either party, the employee, who may request Local Union President(s) and/or the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5National Union Representative(s) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Unionin attendance. If no written request for arbitration is received in accordance with Section 8:01 within five Within four (54) working days after the Step 3 meeting, Management will render a decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either and submit it to the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies soughtPlant Committee.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 6.01 The Company and the Union agree that it is the purpose of the grievance procedure to amicably and justly settle any complaints and disagreements concerning the employees, the Union and the Company, without, so far as is possible, resorting to arbitration. The parties further agree that grievances the settlement of any grievance shall be adjusted deemed not to conflict with the provisions of the Agreement.
6.02 It is the mutual desire of the parties that complaints of employees shall be dealt with as quickly as possible, out of the view of the public eye, with a Union ▇▇▇▇▇▇▇ present. It Furthermore, it is understood agreed that an employee has no grievance until he has first given the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to Supervisor the
6.03 Should any difference arise between the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps Company and any of the grievance procedure. Any grievance or dispute relating employees as to the interpretation, application application, administration or alleged violation of this Agreementthe provisions of the Agreement that cannot be satisfactorily dealt with pursuant to Article 6.02, or relating to any terms or conditions of employment an ▇▇▇▇▇▇▇ effort shall be dealt with made to settle such difference in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five 6.04 Within ten (510) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working business days after the decision is given in Step 1alleged grievance has arisen, the employee, who may request the assistance of her Committeepersonhis ▇▇▇▇▇▇▇, shall submit the present his grievance in writing writing, on a form agreed upon by the Company and the Union, to the Administrator. A meeting will then be held between Management and if, within ten (10) days from the Administrator or her designated representative and time when such grievance was presented, a decision not satisfactory to the employee within is given, then:
6.05 Within five (5) working daysdays after the decision of Step One has been, or should have been given, an authorized Member of the Grievance Committee shall present the written grievance to the Operations Manager, or a person or persons designated by him to handle such matters at Step Two. It is understood that at such The Operations Manager, or his designate, shall schedule a meeting to be held within ten (10) days from the Administrator time when such grievance was presented to him, or her designated representative his designate. At the Step Two meeting, the Operations Manager, or his designate, may have be accompanied by the Personnel Manager and such counsel and assistance other assistants, as she may desire and that he so desires. While the employee may have her Committeeperson, and the Chairperson or a Union Business Representative of the Union may also be present at the request of either meeting, the employee or Company has the Employerright to require his presence at the meeting. The Operations Manager, or his designate, shall give a decision in writing on behalf of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or Company within ten (10) working days immediately following the meeting under Step 2 date of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievancesuch meeting.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 14.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that grievances shall be adjusted as quickly as possible. It is understood that when an employee has no grievance until a complaint, the employee has given their supervisor an opportunity will be encouraged to adjust their complaint. The supervisor shall have two (2) days to reply discuss the matter with the supervisor, without prejudice to the complaintemployee or the Employer, if as soon as possible after the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence circumstances giving rise to the complaint or grievanceoccur, so that a dispute requiring reference to the grievance procedure may be avoided wherever possible. The grievance will clearly state the name(s) employee shall be accompanied by a Union representative at a subsequent meeting. The employee must notify his/her supervisor in advance of the grievor(s)intention to exercise this option.
14.02 Where an employee feels himself to be aggrieved by the interpretation or application of a provision, of statute or a regulation, by-law, direction or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the 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 article(s) violated, if any, and the corrective action requested. The Supervisor following procedure shall reply to the employee, giving the answer to the complaint or grievance in writing within five apply: STEP ONE: Within twenty (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (520) working days after the decision is given in Step 1alleged grievance has arisen or the employee became aware of the grievance, the employee, who employee may request the assistance of her Committeeperson, shall submit the present his grievance in writing either by personal service, registered mail, email or fax on the form authorized by the Labour and Employment Board to the Administratorperson designated by the Employer as the first level in the grievance procedure. A meeting will then The form shall be held between completed in full, providing details of the Administrator or her designated representative and alleged grievance. If the employee within five (5) working days. It is understood that at such a meeting the Administrator receives no reply or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing does not receive satisfactory settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following from the meeting under Step 2 date on which he presented his grievance to the person designated as the first level of the grievance procedure, the grievance shall be deemed employee may proceed to have been settled and the same grievance shall not be the subject matter of a further grievanceFinal Step.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 4 contracts
Sources: Collective Agreement, Collective Bargaining Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until B12.1 Where a difference arises between the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to Employer and the complaint, if the reply is unsatisfactory Union or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute a Local Union relating to the interpretation, application or alleged violation administration of this AgreementAgreement or where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the difference of opinion or relating dispute, including any question as to any terms or conditions of employment whether a matter is arbitrable, shall be dealt with resolved without stoppage of work in the following manner:matter.
Step 1 An employee having a complaint B12.2 The Job ▇▇▇▇▇▇▇ or grievance Business Manager of the Local Union shall refer it attempt to her immediate Supervisor resolve the difference on the job with the ▇▇▇▇▇▇▇ or Superintendent of the Employer.
B12.3 If the difference is not resolved within forty-eight (48) hours of the occurrence, the aggrieved party shall submit the difference and the remedy sought in writing to the Executive Director of the Association and the International Representative of the Union within sixty (60) days of occurrence, or in the case of alleged unjust discharge, within ten (10) days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement.
B12.4 Upon receipt of the matter complained of in writing, the Executive Director and the International Representative shall take such steps within forty-eight (48) hours as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) working days of receipt of written submission, either of the actual occurrence giving rise parties may, after exhausting any grievance procedure established by this Agreement notify the other party in writing of its desire to submit the complaint difference or grievanceallegation to arbitration and the notice shall contain the name of the first party's appointee to an arbitration board. The grievance will clearly state the name(s) recipient of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor notice shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from inform the date it was submitted.
Step 2 If further action is then other party of the name of its appointee to be takenthe arbitration board. The two appointees so selected shall, then within five (5) working days after of the decision is given in Step 1appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman with the time limited, the employee, who may request appointment shall be made by the assistance Minister of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at Labour upon the request of either party.
B12.5 The arbitration board 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 any employee or the Employeremployer affected by it. The decision of a majority is the Administrator or her designated representative shall be given in writing within five (5) working days following decision of the meetingarbitration board, but if there is no majority the decision of the chairman governs.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing B12.6 Pending settlement of any grievance under grievance, it is agreed that the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance work shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievanceprosecuted without slowdown, work stoppage or lockout.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 4 contracts
Sources: Laborers Distribution Pipeline Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 7:01 The 14.01 It is a mutual desire of the parties agree to resolve complaints as quickly as possible. Such complaints shall be acted upon in the following manner and sequence, however, nothing in this article precludes a nurse from discussing issues with their supervisor in an informal manner. It is the intent of the parties that grievances complaints of nurses shall be adjusted as quickly as possible. It , and it is understood that an employee a nurse has no grievance until she or he has first given her or his Program Manager the employee has given their supervisor an opportunity to adjust their of adjusting the complaint. The supervisor Such complaint shall be discussed with her or his Program Manager within five (5) work days after the circumstances giving rise to it have two occurred. If there is no settlement within five (25) work days, it shall then be taken up as a written grievance within five (5) work days. If a nurse elects to have the assistance of a Union representative, the Program Manager can have the assistance of another member of management. Within five (5) work days to reply following the decision at Step 1, a written grievance shall be submitted to the complaintAssistant CAO or designate. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, if the reply remedy sought and the section or sections of the Agreement which are alleged to have been violated. A meeting will be held which may include the appropriate departmental management representatives, the Labour Relations Officer, grievance committee and/or grievor within fifteen (15) work days from the date the grievance is unsatisfactory received in the Human Resources Department. The Assistant CAO or if designate will deliver the supervisor fails written decision to reply within the two (2) days the employee may proceed with the steps chairperson of the grievance procedure. committee with a copy to the Labour Relations Officer within five (5) work days from the date on which the meeting was held.
14.02 If the alleged circumstances of the grievance occurred more than fifteen (15) work days prior to the filing of the grievance at Step 2 the Employer may at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter.
14.03 Any grievance or dispute relating to difference arising directly between the Employer and the Union involving the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step 2. This grievance shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing commenced within thirty-five (535) working calendar days of the actual occurrence date of occurrence. No Union grievance shall be presented at Step 2 which a nurse, or a group of nurses could normally process as an individual or group grievance.
14.04 Where more than two (2) nurses have a common complaint, it may be submitted as a group grievance at Step 2 within nine (9) work days after the circumstances giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittedhave occurred.
Step 2 If further action is then to be taken, then within five (5) working days after 14.05 Failing settlement under the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement foregoing procedure of any grievance under including any question as to whether the foregoing proceduresmatter is arbitrable, the such grievance may be referred submitted to arbitration by either the Employer or the Unionarbitration, as in Article 16. If no written request for arbitration is received in accordance with Section 8:01 by the Assistant CAO or designate within five fifteen (515) working work days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduregiven, the grievance it shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievanceeligible for arbitration.
7:02 Should two or more employees have a grievance of a similar nature, then it may 14.06 It is agreed that grievances and replies to grievances shall be processed as one grievance in writing at Step 1 of all stages.
14.07 All agreements reached under the grievance procedure between the Employer and throughout the grievance procedure.
7:03 For the purpose of the grievance Union, will be final and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either binding upon the Employer, the Union and the nurse(s).
14.08 Any adjustment resulting from the grievance or an employee it arbitration procedures, shall clearly set forth not be retroactive prior to the nature date of the grievanceoccurrence which resulted in the grievance being filed. This clause shall not prevent the adjustment of pay caused by errors in computation.
14.09 If no answer is given to the grievor(s) within the time limit specified in the grievance procedure, the article(sgrievor(s) violated if any shall be entitled to proceed to the next step.
14.10 Work day" as used in this article and Article 15 shall mean a day other than Saturday, Sunday or a specified paid holiday.
14.11 A grievance that is not submitted to the remedies soughtnext step within the time limits shall be deemed to be settled and disposition shall be as per the reply given at the preceding step.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 17.1 This PLA is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
17.2 The Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the Project, and agree that grievances to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
17.3 Any question or dispute arising out of and during the term of this PLA (other than trade jurisdictional disputes) shall be adjusted as quickly as possible. It is understood that an considered a grievance and subject to resolution under the following steps:
(a) Step 1-When any employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply subject to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps provisions of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged this PLA feels they have been aggrieved by a violation of this AgreementPLA, through their local union business representative or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)job ▇▇▇▇▇▇▇, the article(s) violatedshall, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the job ▇▇▇▇▇▇▇ and the work-site representative of the involved Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in Step 1writing 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 employeegrieving party may, who may request within forty-eight (48) hours thereafter, pursue Step 2 of the assistance of her CommitteepersonGrievance Procedure, shall submit provided the grievance in writing is reduced to writing, setting forth the Administrator. A meeting will then be held between relevant information concerning the Administrator or her designated representative alleged grievance, including a short description thereof, the date on which the grievance occurred, and the employee provision(s) of the PLA alleged to have been violated. Should the Local Union(s) or any Contractor(s) have a dispute with the other party and , if after conferring, a settlement is not reached within five three (53) working days. It is understood that at such a meeting , the Administrator or her designated representative dispute may have such counsel be reduced to writing and assistance proceed to Step 2 in the same manner as she may desire and that outlined herein for the adjustment of an employee may have her Committeeperson, complaint.
(b) Step 2-The International Union Representative and the Chairperson or a Union Representative involved Contractor(s) shall meet within seven (7) working days of the Union referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may also be present at appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(c) Step 3- If the grievance has been submitted but not settled under Step 2, for any dispute under Article 17, the parties shall request from the Federal Mediation and Conciliation Service a list of either seven (7) Arbitrators whose primary office addresses are in the employee states of Washington or Oregon. Once the Employerlist of Arbitrators is received, within 24 hours each party shall meet or confer to alternately strike names until one name remains. This person shall serve as the Arbitrator to resolve the dispute. The parties shall notify the selected Arbitrator immediately, but no later than 24 hours, about his/her selection. The decision of the Administrator or her designated representative Arbitrator shall be given in writing within five (5final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor(s) working days following and the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Unioninvolved Local Union(s)8. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 Failure of the grievance procedure, the grievance shall be deemed grieving party to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of adhere to the time limits in established herein shall render the grievance null and arbitration procedure void. The time limits established herein may be extended only by the written consent of the partiesparties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented, and shall not have authority to change, amend, add to or detract from any of the provisions of this PLA.
7:05 When a grievance is submitted 17.4 Sound Transit and/or the Coordinator shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in writing all proceedings at these steps. 8 Article 17.3(c) revised by either the EmployerAmendment as of June 18, the Union or an employee it shall clearly set forth the nature 2014 by action of the grievance, the article(s) violated if any and the remedies soughtJoint Administrative Committee.
Appears in 4 contracts
Sources: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
GRIEVANCE PROCEDURE. 7:01 The 28.1 In a mutual effort to provide harmonious working relations between the parties agree to this Agreement, it is agreed and understood by both parties that grievances there shall be adjusted a procedure for the resolution of grievances between the parties arising from any alleged violation of specific terms of this Agreement. For the purpose of this Agreement, a grievance is defined as quickly a dispute, claim or complaint that any employee, group of employees or the Union, through a member of the bargaining unit, may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the grievance procedure.
28.2 All grievances must be handled exclusively as set forth in this procedure.
28.3 Nothing in this Agreement shall be construed to prevent employees from discussing any questions or complaints with their supervisor, division supervisor, superintendent, department director, Personnel Director or the City Manager. Employees of the City are encouraged to bring any questions, complaints, or other concerns to their supervisors. Any employee’s informal discussions with his or her supervisor, division supervisor, superintendent, department director, Personnel Director or the City Manager, or any other person, shall not delay or postpone the time limits for filing a formal grievance under this procedure.
28.4 If the aggrieved employee has a reasonable belief that disciplinary action may result from an investigatory or disciplinary interview, the employee may request Union representation, in which event the grievant will notify the City, and the grievant will be responsible for notifying the Union. If an employee makes such a request, the City may, at its discretion,
(1) grant the request and postpone the meeting until the union representative may be present, (2) discontinue the meeting, or (3) offer the employee the choice of continuing the meeting unaccompanied by a union representative or having no meeting at all. If a meeting is for the purpose of simply notifying the employee of a previously made disciplinary decision, and no questions will be asked nor will the employee be offered any options to the discipline, the employee does not have the right to union representation.
28.5 Every effort will be made by the parties to settle all grievances as soon as possible. It The time limits set forth shall be strictly complied with, and may be extended only by mutual agreement of the parties, in writing. The City is understood that an employee has no not required to consider, respond to, or act upon, any grievance until which is not filed within the time set forth in this Article. A grievance shall be considered settled at any point when the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within file the two (2) days necessary written notice to invoke the employee may proceed with the steps next step of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment All time limits shall be dealt with calendar days. If any deadline under this Article shall fall on a Saturday, Sunday or observed holiday, as defined in Article 17.1, the deadline shall be the next calendar day which is not a Saturday, Sunday or observed holiday.
28.6 If the City fails to answer any grievance in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduretime provided, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.deemed
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01
9.01 The parties Company and the Union agree that it is in their mutual interest to settle complaints and grievances shall be adjusted as quickly as possible. It is understood that an .
9.02 Should any question arise concerning the application, interpretation or alleged violation of the provisions of this Agreement between the Company and any employee has no grievance until or group of employees, the following procedure shall apply:
Step 1 Any employee has given their supervisor an opportunity to adjust their complaintand/or her/his ▇▇▇▇▇▇▇ shall discuss any written complaint with her/his immediate supervisor. The supervisor Supervisor shall have two (2) days to reply state her/his decision in writing to the complaint▇▇▇▇▇▇▇ within ten (10) working days. Failing any reply or a satisfactory settlement within ten (10) working days, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted2.
Step 2 If further action the matter is then to be taken, then within five (5) working days after the decision is given in not satisfactorily settled at Step 1, it may be submitted to the employeeManager or her/his designated representative, on an approved grievance form, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following of the submission of the grievance to her/him, hold a meeting with a Unit Representative and the griever, who may be accompanied by the Local Union President and/or Staff Representative of the International Union. The Company will make every effort to provide forty eight (48) hour notice to the union ▇▇▇▇▇▇▇ and griever of when the meeting under will take place. The Manager shall within fifteen (15) working days of such meeting, or at a time agreed upon, state his/her decision to the Union in writing.
9.03 No grievance shall be considered if the circumstances occurred or originated more than ten (10) working days prior to filing a complaint in Step 1 of Article 9.
a) In the case of any violation, the ten (10) working days shall commence from when the employee first became aware of the circumstances.
b) In the case of a payment issue from the date the employee receives his/her pay stub.
9.04 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 2. A group grievance will also be introduced at Step 2 of the grievance procedure. If a satisfactory settlement of the dispute is not reached within fifteen (15) working days, the matter may be referred within a further fifteen (15) working days to arbitration.
9.05 Any decision of the parties at any Step in the grievance shall procedure, as well as the arbitrator’s decision, will be deemed to have been settled final and binding upon the Company, the Union and the same employee(s) involved.
9.06 The grievance shall not mediation process can be used in the subject matter settlement of a further grievance.
7:02 Should two or more employees have a grievance if agreed upon by both parties and should be suggested after completion of a similar nature, then it may be processed as one grievance at Step 1 2 of the grievance procedure procedure. Agreements reached in Mediation will be final and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the binding on both parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The 35.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the NJC parties agree that grievances shall have endorsed, the grievance procedure will be adjusted as quickly as possible. It is understood that in accordance with Section 14 of the NJC By-Laws.
35.02 If he or she so desires an employee may be assisted and/or represented by the Union when presenting a grievance at any step.
35.03 An employee who wishes to present a grievance at any prescribed step in the grievance procedure, shall transmit this grievance to his or her immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate step, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
35.04 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.
35.05 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels that he or she has no been treated unjustly or considers himself or herself aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance until in the manner prescribed in clause 35.03, except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee’s specific complaint such procedure must be followed, and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral award, the employee is not entitled to present the grievance unless the employee has given their the approval of and is represented by the Union.
35.06 There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall be as follows:
(a) Step 1 - first level of management;
(b) Step 2 - (and 3 in departments or agencies where such a step is established) - intermediate step(s);
(c) Final Step - Chief Executive or authorized representative.
35.07 The Employer shall designate a representative at each step in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor an opportunity or local officer-in-charge to adjust their complaint. whom a grievance is to be presented.
35.08 The supervisor Union shall have two (2) days the right to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed consult with the steps Employer with respect to a grievance at each or any step of the grievance procedure. Any .
35.09 An employee may present a grievance or dispute relating to the interpretation, application or alleged violation first step of this Agreement, or relating to any terms or conditions of employment shall be dealt with the procedure in the following mannermanner prescribed in clause 35.03, not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing or on which the employee first becomes aware of the action or circumstances giving rise
35.10 An employee may present a grievance at each succeeding step in the grievance procedure beyond the first step either:
Step 1 An employee having a complaint (a) where the decision or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply settlement is not satisfactory to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days after that decision or settlement has been conveyed in writing to the employee by the Employer, or
(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 35.11, within ten (10) days following the meeting under Step 2 last day on which the Employer was due to convey a decision.
35.11 The Employer shall normally reply to an employee’s grievance at any step of the grievance procedure, except the final step, within ten (10) days after the grievance is presented, and within thirty (30) days where the grievance is presented at the final step.
35.12 Where an employee has been represented by the Union in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer’s decision at each step of the
35.13 The decision given by the Employer at the final step in the grievance shall be final and binding upon the employee for all purposes of the Public Service Staff Relations Act, unless the grievance is one which may be referred to adjudication.
35.14 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.
35.15 Where the provisions of clause 35.03 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been settled presented on the day on which it is postmarked and it shall be deemed to have been received by the same Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly the Employer shall be deemed to have delivered a reply at any step on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher step shall not be calculated from the subject matter of a further grievancedate on which the Employer’s reply was delivered to the address shown on the grievance form.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the 35.16 The time limits stipulated in the grievance and arbitration this procedure may be extended by mutual agreement between the written consent of Employer and the parties.
7:05 When a grievance is submitted in writing by either the Employeremployee and, where appropriate, the Union or an employee representative, except as provided in clause 35.18.
35.17 Where it shall clearly set forth appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the employee, and, where applicable, the Union.
35.18 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that:
(a) the grievance may be presented at the final step only, and
(b) the thirty (30)-day time limit within which the Employer is to reply at the final step may be extended to a maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Union.
35.19 An employee may by written notice to his or her immediate supervisor or officer-in-charge abandon a grievance.
35.20 Any employee who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the employee’s control, the employee was unable to comply with the prescribed time limits.
35.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance, as provided in this Collective Agreement.
35.22 Where an employee has presented a grievance up to and including the article(sfinal step in the grievance procedure with respect to:
(a) violated if any the interpretation or application in respect of the employee of a provision of this Collective Agreement or a related arbitral award, or
(b) disciplinary action resulting in discharge, suspension or a financial penalty, and the remedies soughtemployee’s grievance has not been dealt with to the employee’s satisfaction, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations.
35.23 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Union signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication, and
(b) its willingness to represent the employee in the adjudication proceedings.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances Any grievance, complaint, or dispute (except jurisdictional disputes) arising out of this Agreement involving its interpretation or application shall be adjusted considered a grievance and subject to resolution under the following procedure, and it is further agreed that until said procedure is exhausted, there shall be no work stoppage or lockout.
(a) The Employees shall report to their job ▇▇▇▇▇▇▇, or such other business representative as quickly as possible. It is understood may be designated by the Union, any grievance, complaint, or dispute that an employee has no grievance until arises between the employee has given their supervisor an opportunity to adjust their complaintEmployee and the Employer. The supervisor designated job ▇▇▇▇▇▇▇ or the business representative will attempt to immediately resolve the matter, between the parties on the job.
(b) Failing to agree, the designated job ▇▇▇▇▇▇▇ or business representative shall have two (2) days to reply report the matter to the complaintDistrict Representative of the Union. The District Representative, if or their designee shall attempt to settle the reply is unsatisfactory matter with an Employer representative.
(c) Should the Union and the Employer have a dispute or if the supervisor fails to reply within the two (2) days the employee may proceed complaint with the steps of the grievance procedure. Any grievance or dispute relating to the interpretationother party and if after conferring, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action settlement is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee not reached within five (5) working days. It is understood that at such a meeting , the Administrator or her designated representative may have such counsel and assistance dispute shall proceed to Step d. in the same manner as she may desire and that an Employee complaint.
(d) In the employee may have her Committeeperson, and event the Chairperson or a Union Representative of matter cannot be adjusted by the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing method set forth above within five (5) working days following days, the meetingUnion will present the matter to the Executive Director of the AGC for adjustment and will reduce the matter to writing if requested.
Step 3 Should (e) In the Administrator fail event the matter cannot be adjusted within four (4) working days from the date the grievance, complaint, or dispute is presented by the Union representative to render her decision as required in Step 2 or failing settlement the Executive Director of any grievance under the foregoing proceduresAGC, the grievance Union may be referred take the dispute to arbitration by either as outlined in Section 2 of this Article.
(f) Any dispute that arises between the employees and the Employer or any complaint or grievance on the Union. If no written request for arbitration is received in accordance with Section 8:01 part of both or one shall be submitted to the local Union within five thirty (530) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, known date of violation or when Employee could have reasonably become aware of the grievance shall violation to be deemed eligible to have been settled and receive the same grievance shall not be assistance of the subject matter of a further grievancelocal Union.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure (g) Times set forth by this Article may be extended by the written consent of mutual agreement between the parties.
7:05 When a grievance is submitted in writing by either the Employer, (h) Failure of the Union or an employee it the Employer to process a grievance in the time frame stipulated shall clearly set forth the nature constitute abandonment of the grievance. If the grievance is abandoned by either party, then the article(s) violated if any and Union or Employer shall accept the remedies soughtabandoned request or decision as binding. Any abandoned grievance shall not constitute a precedent.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties agree relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
8.02 It is the mutual desire of the parties hereto that grievances complaints of employees shall be adjusted resolved as quickly as possible. It is understood that an employee has no grievance until he/she has first given his/her immediate Team Leader the employee has given their supervisor an opportunity to adjust of resolving their complaint. The supervisor If an employee has a complaint, he/she shall have two advise the Team Leader that he/she wishes to hold a complaint meeting and discuss it with their immediate Team Leader seven (27) working days to reply after the circumstances giving rise to the complaint, if complaint have occurred or ought to have reasonably come to the reply is unsatisfactory or if attention of the supervisor fails to reply within the two (2) days employee. The discussion shall be between the employee and their immediate Team Leader. The Employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall request a Union Representative be dealt with in the following manner:present.
Step 1 An employee having a Should the employee’s complaint or grievance shall refer it concern not be adequately addressed to her immediate Supervisor his satisfaction with in writing within five seven (57) working days of the actual occurrence giving rise meeting the employee may file a written grievance to the complaint employee's Senior Service Manager or designate. The Senior Service Manager or designate shall investigate the grievance and may discuss it with the employee or employees involved with the ▇▇▇▇▇▇▇ who has signed the grievance. The grievance will clearly state the name(sSenior Service Manager or designate shall give their decision in writing to such ▇▇▇▇▇▇▇ within a further seven (7) days following receipt of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittedgrievance.
Step 2 If further action is then to be taken, then within five Within seven (57) working days after the Step 1 decision is given in Step 1received or should have been received, the employee, who grievor and/or his/her ▇▇▇▇▇▇▇ may request the assistance of her Committeeperson, shall submit the grievance in writing to the AdministratorDirector of Service or their designate. A meeting will then be held between the Administrator Director of Services or his/her designated representative and designate, the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeepersongriever, and the Chairperson or a Union Representative one member of the Union may also Grievance Committee and, a national representative of the Canadian Union of Public Employees if the Union so wishes. Such a meeting shall be present held within seven (7) days of the submission of the grievance at the request Step 2, unless extended by written mutual agreement of either the employee or the Employerall parties. The decision of the Administrator Director of Services or his/her designated representative designate shall be given delivered in writing within five seven (57) working days following the date of such meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The 11.01 It is the mutual desire of the parties agree that grievances shall concerns of employees, the Union, and/or the Employer be adjusted addressed as quickly as possible. To that end, employees and supervisors are encouraged to resolve issues at the floor level prior to moving to the grievance procedure whenever practicable
11.02 Any complaint alleging a violation, misinterpretation or misapplication of the terms of this agreement or applicable government legislation shall first be taken up verbally by the employee and shift ▇▇▇▇▇▇▇ (if so requested) with the employee’s immediate supervisor. It is agreed and understood that an such complaints and grievances should be presented within (7) days from the time the alleged breach becomes known or should have become known to the aggrieved employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaintor party. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing will verbally respond within five (5) working days as to the Company’s position on the matter. Failing Settlement:
Step 1 The ▇▇▇▇▇▇▇ shall inform the Committee Person of the actual occurrence giving rise response and the concern shall be reduced to writing by the Committee Person. This will be written on the form provided by the Company signed by the employee and shall then constitute a grievance. All grievances should identify, as far as possible, the article, clause or clauses of this agreement, or applicable legislation claimed to have been violated. The Shift Committee Person and if requested Shift ▇▇▇▇▇▇▇ may present the grievance of the employee to the complaint Operations Manager or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing designate within five (5) working days after the receipt of the reply of the Supervisor or designate. At this stage the grievance shall be discussed between the on shift Committee Person, the ▇▇▇▇▇▇▇ if requested by either party and the Operations Manager or designate. The Operations Manager designate shall give a written response including an explanation of the decision rendered within seven (7) days of receipt of the grievance. Failing Settlement: The grievance shall be referred to the Human Resources department within seven (7) days by the Chairperson. The grievance shall be discussed by the Director of Human Resources or designate, the Senior Director of Operations or designate, the Chairperson and the shift committee member(s). The Local President, National representative, the Shift ▇▇▇▇▇▇▇ or grievor if requested by either party to discuss the matter may attend the meeting.
11.03 The Employer or the Union may file a policy grievance(s) commencing at Step 2.
11.04 In the case of discharge, a grievance may be filed by an employee who feels he/she was unjustly dealt with. Such a grievance must be filed within seven (7) days from the date it was submitted.
of dismissal and shall commence at Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance 2. In any subsequent disposal of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of this case during the grievance procedure, the grievance shall be deemed Employer may reinstate the employee, suspend the employee for a definite period, or sustain the discharge, if mutually agreed to have been settled and by the same grievance shall parties to this Agreement. If an agreement cannot be reached the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 referred through the provisions of the grievance procedure and throughout the grievance procedureArticle 11.05 – 11.10.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 17.1 The parties to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. It is understood that an employee has no grievance until Every effort will be made to settle disputes during the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps early stage of the grievance Grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative reasonable amount of time may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances.
17.2 The Grievance Procedure shall apply equally to grievance lodged by a group of employees and be processed as an individual grievance.
17.3 An employee who believes that he/she has been or is being unjustly dealt with, or that any provision of the Collective Agreement have not been complied with shall within (5) calendar days of the alleged non-compliance, meet with his/her supervisor (and with his/her Union Representative, if he/she so desires) to discuss his/her concerns. Only after meeting with his/her supervisor, and if the matter is not settled satisfactorily, may also the employee proceed with a grievance at Step One. The following steps in the Grievance procedure shall apply: : The grievance shall be present in writing. The Local President or his/her designate (i) shall submit the grievance to the Director, Human Resources (or the Company’s designate) and (ii) shall meet with the employee’s direct manager and the Director, Human Resources (or his/her designate) within ten (10) calendar days from the date the grievance was submitted. The Director, Human Resources (or the Company’s designate) shall respond to the grievance in writing within ten (10) calendar days after the meeting. Within ten (10) calendar days of receipt of the response under Step One, the Local President or his/her designate may appeal the case to the Chief Operating Officer and/or designated Management employee of the Company and the Director, Human Resources or his/her designate. The Chief Operating Officer and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered by the Company within fifteen (15) calendar days of the meeting. Should the Union disagree with the decision stated in Step Two, the Union may, within sixty (60) days, advise the Chief Operating Officer and/or designated Management employee of the Company by letter of the Union’s intention to refer the grievance to arbitration in the manner prescribed in Article 17. The Chief Operating Officer and/or designated Management employee upon receipt of the letter will respond within ten (10) calendar days if he/she decides to change the decision rendered in the particular case.
17.4 All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing.
17.5 In cases when an employee is investigated as a result of an alleged misdemeanour, the Director of the related department or their designated representative and/or the Director, Human Resources (or the Company’s designate) will investigate the incident with all related parties prior to the issuance of a formal document.
17.6 An employee who had completed his/her probationary period will not be disciplined in excess of a written reprimand without a proper hearing.
17.7 Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on his/her record.
17.8 Any formal entry which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one
(1) year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local President or his/her designate at the request of either time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file.
17.9 Any discipline assessed will be imposed without delay. No employee shall be disciplined on his or her day(s) off unless termination is contemplated.
17.10 In case of discipline involving potential suspension the Director, Human Resources (or the EmployerCompany’s designate) shall meet with the Local President or his/her designate, the employee and his/her Supervisor, to discuss the offence in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local President or his/her designate will be provided with a copy. Unless the nature of the offence warrants it, the employee will not be held out of service pending discipline.
17.11 When the nature of the alleged offence is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against him/her for a period longer than three (3) working days, unless mutually extended by the Local President or his/her designate and the Company, without the holding of a hearing. The decision employee must be notified at least one (1) working day in advance of the Administrator such a hearing. The employee or his/her designated representative shall be given in writing a complete list of the charges against him/her and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence and/or available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support his/her case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within five three (53) working calendar days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Unionthereafter. If no written request for arbitration the employee is received in accordance not satisfied with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduredecision, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar naturehe/she may process his/her case further, then it may be processed as one grievance commencing at Step 1 Two of the grievance procedure and throughout the grievance procedure.
7:03 For 17.12 Should the purpose employee be exonerated, he/she shall be paid at his/her regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offence.
17.13 The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure.
17.14 Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure.
17.15 When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
17.16 The time limits as provided under this Article will apply equally to grievances originating with the Company and arbitration proceduremay be extended by mutual agreement in writing.
17.17 Where the term "calendar days" is used, working days shall exclude Saturdays, Sundays and paid holidaysholidays are excluded.
7:04 Any of the 17.18 Employees will be granted reasonable access to his or her discipline file at least once per year, at a mutually agreed upon time limits and in the grievance and arbitration procedure may be extended by the written consent presence of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies soughtrepresentative.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 24.01 An employee who feels that he has been treated unjustly or considers himself aggrieved by any action or lack of action by the Employer is entitled to present a grievance in the manner prescribed as follows:
(a) Level 1 – President-Union of Taxation Employees
24.02 An employee who wishes to present a grievance at a prescribed level in the grievance procedure shall transmit this grievance to the first step in the procedure. The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until Employer will provide the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to with a receipt stating the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of date on which the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittedreceived by him.
Step 2 If further action 24.03 Where it is then necessary to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the present a grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduremail, the grievance shall be deemed to have been settled presented on the day on which it is postmarked and it shall be deemed to have been received by the same Employer on the date it is delivered to the appropriate office. Similarly, the Employer shall be deemed to have delivered a reply on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
24.04 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the subject matter of form supplied by the Employer.
24.05 An employee may be assisted and/or represented by the Union when presenting a further grievance.
7:02 Should two or more employees have 24.06 An employee may present a grievance of a similar nature, then it may be processed as one grievance at Step 1 to the First Level of the grievance procedure and throughout not later than the twenty-fifth (25th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance.
24.07 The Employer shall normally reply to an employee's grievance, within thirty (30) days after the date the grievance procedurewas presented. Where such a decision or settlement is not satisfactory to the employee, he may refer the grievance to arbitration, within fifteen (15) days after the decision or settlement has been conveyed to him in writing.
7:03 For 24.08 If the purpose of Employer does not reply within thirty (30) days from the date that a grievance is presented, the employee may, within the next fifteen (15) days, refer the grievance and arbitration to arbitration.
24.09 In determining the time within which any action is to be taken as prescribed in this procedure, working days shall exclude Saturdays, Sundays and designated paid holidaysholidays shall be excluded.
7:04 Any of the 24.10 The time limits stipulated in the grievance and arbitration this procedure may be extended by mutual agreement between the written consent of Employer and the parties.
7:05 When a grievance is submitted in writing by either the Employeremployee and, where appropriate, the Union or an representative.
24.11 An employee it may abandon a grievance by written notice to the officer-in-charge.
24.12 An employee who fails to present a grievance to the next higher level within the prescribed time limits shall clearly set forth the nature of be deemed to have abandoned the grievance, unless he was unable to comply with the article(s) violated if any and the remedies soughtprescribed time limits due to circumstances beyond his control.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 8.01 A grievance under this Collective Agreement shall be defined as a difference or dispute between the Employer and any Employee(s) or the Union. The parties Union and Employer agree that it is the mutual desire of the parties that grievances shall should be adjusted dealt with as quickly as possible.
8.02 At the time formal discipline is imposed, an Employee is entitled to be represented by her or his union representative. It is understood that an employee has no grievance until In the employee has given their supervisor an opportunity to adjust their complaint. The supervisor case of suspension or discharge, the Employer shall have two (2) days to reply to notify the complaint, if Employee of this right in advance.
8.03 All Grievances shall identify the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps provisions of the grievance procedure. Any grievance or dispute relating Collective Agreement alleged to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment have been breached and shall be dealt with in the following manner:
Step 1 An employee having contain a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days statement of the actual occurrence facts giving rise to the grievance and a statement of the remedies sought. All grievances shall be filed in accordance with the procedure outlined in this Article, and on the prescribed Union form, which shall be appended to this Collective Agreement.
8.04 Grievances properly arising under this Collective Agreement shall be adjudicated and settled as follows: Such complaint shall be discussed with her or his immediate supervisor or delegate as soon as reasonably possible. If there is no settlement through discussion it shall then be taken up as a grievance in the following manner and sequence: If the Union considers the complaint of the employee justified to be a grievance it shall file a grievance within 5 days of giving rise to the occurrence to the Director or designate. The Bargaining Unit President and the Employee(s) concerned, shall meet as promptly as possible with the Director or their designate and such other persons as the Director or designate may desire, to consider the grievance. The grievance will clearly state Director or designate shall render, in writing to the name(s) Union, the decision of the grievor(s)Employer with regard to the grievance within ten (10) days following the meeting. If the decision is not satisfactory to the Union, the article(s) violated, if any, and the corrective action requested. The Supervisor grievance shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
be presented at Step 2 If further action is then to be taken, then within five (5) working Two as follows: Within seven 7 days after the decision is given in under Step 1One, the employeeUnion must submit the grievance, who may request in writing, providing all details to the assistance Executive Director or designate. Bargaining Unit President, the Employee(s) concerned and a representative of her Committeepersonthe Union, shall meet as promptly as possible, but within fourteen (14) days with the Executive Director or designate to consider the grievance. The Employer will within ten (10) days following the meeting, provide a written response to the Union. If the Union is not satisfied with the response of the Employer, it shall within twenty (20) days following receipt of the Employer’s response notify the Employer in writing should it want to submit the grievance to arbitration.
8.05 A claim by an Employee who has completed her or his probationary period that she or he has been unjustly discharged shall begin the grievance procedure at Step 2.
8.06 Where a dispute involving a question of the application or interpretation of this Collective Agreement occurs, a grievance may be submitted in writing to the Administrator. A meeting will then be held between the Administrator Executive Director or her designated their designate by a representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employervice versa. The decision parties shall meet within ten (10) days to consider the grievance and failing settlement of the Administrator or her designated representative shall be given in writing grievance either party may submit it to arbitration within five twenty (520) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement 8.07 The termination of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance a probationary employee shall not be subject to a grievance provided the subject matter of a further grievancetermination is not arbitrary, discriminatory or for exercising their rights under the collective agreement.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of 8.08 The Union and Employer agree that the time limits mentioned in the grievance procedure and throughout shall only be extended by written agreement between the grievance procedureparties.
7:03 For the purpose of the grievance and arbitration procedure, working 8.09 Any reference to days in this Article shall exclude Saturdays, Sundays and paid holidaysStatutory Holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances This shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or exclusive formal procedure and remedy involving any alleged violation of this Agreement, or relating except for matters subject to any terms or conditions Article 6.5. Except as otherwise provided in this Agreement, all grievances filed after the effective date of employment shall this Agreement involving alleged violations occurring during its term will be dealt with in submitted according to the following mannerprocedures and time limits:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor Human Resources Manager All grievances must be presented in writing within five (5) working days of the actual occurrence giving rise to the complaint Human Resources Manager or grievance. The grievance will clearly state the name(sdesignee within fourteen (14) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working calendar days from the date it was submittedon which the employee or Union were aware or should have been aware that the grievance existed. The grievance shall be submitted on a form furnished by the Union and shall clearly state the facts, the identity of the allegedly aggrieved employee(s), the specific provisions of the Agreement alleged to have been violated, and the requested remedy. The Human Resources Manager or designee will provide the Union with a written response no later than fourteen (14) calendar days after he or she receives the written grievance. If the Employer does not provide a timely written response to the grievance, the grievance moves to Step 2.
Step 2 Corporate Manager If further action the grievance is then to be taken, then within five (5) working days after the decision is given in not resolved at Step 1, the employee, who Union may request the assistance of her Committeeperson, shall submit refer the grievance in writing to the AdministratorCorporate Manager or designee by making a written request within fourteen (14) calendar days after receiving the Employer's Step 1 response. A meeting will then The grievance shall be held between discussed by the Administrator Corporate Manager or her designated designee and a shop ▇▇▇▇▇▇▇ or Union representative and the employee within five fourteen (514) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeepersoncalendar days of its submission, and the Chairperson Corporate Manager or designee shall issue a Union Representative written response within fourteen (14) calendar days following the meeting. If the Employer does not provide a timely written response to the grievance, the grievance moves to Step 3. In lieu of the Corporate Manager, the Union may also refer the following grievances to a Grievance Committee by making a written request within fourteen (14) calendar days after receiving the Employer's Step 1 response: Disciplinary action at or above the level of a written warning, alleged violations of Sections 4.2, 4.3, 5.3 or 5.4, and evaluation or work correction plan issues arising under Section 12.4.7.C. Other grievances may be present at referred to a Grievance Committee by mutual agreement. Step 3 Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations and procedures specified herein, the Union may submit the issue to arbitration. To do so, the Union must submit a written request for a panel of either seven (7) members of the employee National Academy of Arbitrators with their principal place of residence in Washington or Oregon to the Federal Mediation & Conciliation Service, with a copy to the Human Resources Manager, within fourteen (14) calendar days following the receipt of the Step 2 response or the Employerconclusion of the Grievance Committee process. The parties shall equally share the cost of the FM&CS list. Employer and the Union may attempt to agree on a neutral arbitrator in lieu of using the FM&CS list, and with mutual agreement may submit multiple grievances to the same arbitrator. Within fourteen (14) calendar days of receiving the list, the moving party will contact the other party to select the arbitrator. The parties will alternately strike names from the list, with the moving party striking the first name, until one name remains and he/she shall serve as arbitrator. Either party may require that an official record of the proceedings be prepared by a professional reporter and that a copy be provided to the arbitrator. The decision of the Administrator or her designated representative arbitrator shall be given final and binding on the parties, and on all employees subject to this Agreement, but the arbitrator will confine the decision to the interpretation and application of the specific provisions of this Agreement which have been placed in writing within five (5) working days following issue by the meeting.
Step 3 Should parties, and will have no authority to enlarge, diminish, alter, amend or in any way modify the Administrator fail terms of this Agreement. The arbitrator shall have no authority to render her decision as required in Step 2 award, directly or failing settlement indirectly, any financial or monetary remedy of any grievance kind or nature for the amount of time covered by any extension of time granted to the Union under Section 10.2 or by any delay in scheduling a Grievance Committee or arbitration hearing caused by the foregoing proceduresUnion, including due to the unavailability of its advocate, representative(s) and/or counsel. Each party will bear its own costs and expenses in any such arbitration proceeding and the losing party will pay the full cost of the arbitrator's and any separate arbitration fees (for example, the grievance may be referred to arbitration by either arbitrator's out-of-pocket or per diem charges). The party requiring an official record of the Employer proceedings will pay the full cost of all reporting and transcript fees unless the other party requests a copy or the Union. If no written request for arbitration is received right of inspection or use, in accordance which event the full cost (including the cost of providing the arbitrator with Section 8:01 within five (5the official record) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of equally divided between the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Union Contract, Labor Contract, Union Contract
GRIEVANCE PROCEDURE. 7:01 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that grievances shall be adjusted as quickly as possible. It is understood that when an employee has no grievance until a complaint, the employee has given their supervisor an opportunity will be encouraged to adjust their complaint. The supervisor shall have two (2) days to reply to discuss the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed matter with the steps of employee's Supervisor as soon as possible after the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible.
12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or grievance. The grievance will clearly state the name(s) application in respect of the grievor(s)employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the article(s) violated, if any, and the corrective action requested. The Supervisor following procedure shall reply to the employee, giving the answer to the complaint or grievance in writing within five apply: STEP ONE: Within twenty (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (520) working days after the decision is given in Step 1alleged grievance has arisen or the employee became aware of the grievance, the employee may present the employee, who may request the assistance of her Committeeperson, shall submit the 's grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the Administratoremployee's immediate Supervisor or the person designated by the Employer as the first level in the grievance procedure. A meeting will then be held between the Administrator or her designated representative and If the employee within five (5) working days. It is understood that at such a meeting the Administrator receives no reply or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing does not receive satisfactory settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following from the meeting under Step 2 of date on which the employee presented the employee's grievance to the employee's immediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step Two. STEP TWO: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step One, the employee may present the employee's grievance shall be deemed to have been settled and in writing at the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 second level of the grievance procedure and throughout process either by personal service or by mailing by registered mail, to the employee's immediate Supervisor or to the person designated by the Employer as the second level in the grievance procedure.
7:03 For . If the purpose employee does not receive a reply or satisfactory settlement of the employee's 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 the employee presented the employee's 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 the employee's grievance in writing at the third level of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of process either by personal service or by mailing it by registered mail to the time limits employee's immediate supervisor or the person designated by the Employer as the final level in the grievance and arbitration procedure may be extended process for the Department in which the employee is employed. Any settlement proposed by the written consent Employer at 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 fifteen (15) working days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory settlement of the parties.
7:05 When a employee's grievance is submitted in writing by either within fifteen (15) working days from the Employerdate on which the employee presented the employee's grievance at the final level, the Union or an employee it shall clearly set forth may refer the nature employee's grievance to Adjudication as provided in Article 13 hereof, within fifteen (15) working days of the grievance, date on which the article(s) violated if any and employee should have received a reply from the remedies sought.person designated as the final level. Grievance Procedure:
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 A. A grievance shall be defined as an alleged violation of the expressed terms and conditions of this Agreement. The following matters shall not be the basis for any resolution by an arbitrator of any grievance filed under the procedure outlined in this Article:
1. The termination of services of or failure to re-employ any probationary or tenured bargaining unit member; the assignment or placement of; layoff or recall;
2. The termination of services or failure to re-employ any bargaining unit member to a position on the extra-curricular salary, Appendix B;
3. Any matter of the written evaluation;
4. Any matter for appeal within the jurisdiction of the Teacher Tenure Act, Michigan Compiled Laws 38.71 et seq.
5. Any prohibited subjects of bargaining.
B. A "Party of Interest" is the Association, person, or persons making claim and any person or persons who might be required to take action, or against whom the action might be taken in order to resolve a problem.
C. The term "day", when used in this section, shall, except where otherwise indicated, mean working school days as indicated by the school calendar.
D. Written grievances shall contain the following:
1. The section or subsection of the contract alleged to have been violated;
2. The date of the alleged violation;
3. A description of the alleged violation (specific facts giving rise to the alleged violation);
4. The relief requested;
5. The signature(s) of the grievant, grievants, or Association Representative; and
6. The date the grievance is filed.
E. The primary purpose of the procedure set forth in this section is to secure, at the lowest possible level, equitable solutions to the problems of the parties. Both parties agree that grievances these proceedings shall be adjusted kept as quickly confidential as possiblemay be appropriate at any level of such procedure. It Nothing herein shall be construed as limiting the right of any bargaining unit member having a grievance to discuss the matter informally with any appropriate member of the administration. In the event a grievance is understood filed on or after the first of June, every effort will be made to resolve the grievance prior to the beginning of the next school year. Level One: A bargaining unit member with an alleged grievance shall discuss the alleged grievance with the principal no later than fifteen (15) days following the alleged grievance in an attempt to informally resolve the issue. Should this discussion not resolve the issue, a written grievance may be presented to the Association Vice-President. He may then recommend that an employee has no grievance until it be presented to the employee has given their supervisor an opportunity to adjust their complaintprincipal within fifteen (15) days of the time of the informal discussion. The supervisor principal shall have two make a decision within fifteen (215) days days. Failure to reply act will move the alleged grievance to Level Two. Level Two: In the complaintevent the grievance is not satisfactorily resolved at Level One, if the reply is unsatisfactory grievant or if the supervisor fails to reply within Association Representative may file the two (2) days the employee may proceed grievance in writing with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing Superintendent within five (5) working days after the decision or lack of the actual occurrence giving rise to the complaint or grievancedecision at Level One. The grievance Superintendent will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective take action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting Level Three: If the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following Superintendent is not satisfactory to the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresAssociation, the grievance may be referred submitted to arbitration before an impartial arbitrator selected by either the Employer or two parties. Notice of appeal to arbitration shall be submitted by the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or Association within ten (10) working days following the meeting under Step 2 of the grievance procedureSuperintendent's disposition. If the two parties cannot agree as to the arbitrator, the grievance he shall be deemed selected by the American Arbitration Association in accordance with its rules. Both parties agree to have been settled and be bound by the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 award of the grievance procedure arbitrator. The fees and throughout the grievance procedure.
7:03 For the purpose expenses of the grievance and arbitration procedurearbitrator shall be paid by the losing party. The arbitrator shall have no power to add to, working days shall exclude Saturdayssubtract from, Sundays and paid holidays.
7:04 Any disregard, alter or modify any of the time limits in the grievance and arbitration procedure may be extended by the written consent terms of the partiesthis Agreement.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 7:01 The
15:01 Prior to a written grievance being filed and/or initiated, the parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until meet to review the employee has given their supervisor an opportunity facts and circumstances giving rise to adjust their complaintthe complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The supervisor aggrieved employee shall have two (2) days the right and/or option to reply have a Union Representative present at such discussion(s).
15:02 Where the employee, the manager, the ▇▇▇▇▇▇▇ and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the complaint, if agreement recognized the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps desirability for a prompt resolution of the grievance procedure. Any through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work.
15:03 A grievance or dispute relating to the interpretationis defined as a complaint in writing concerning:
(a) The application, application interpretation or alleged violation of an Article of this Agreement, or relating a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties.
(b) The dismissal, suspension, demotion or written or verbal reprimand of an employee.
15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to any terms or conditions the Grievance Hearing Stage of employment the Procedure. The decision at this Step shall be dealt final for such grievances.
(a) If an employee or the Union fail to initiate or process a grievance within the prescribe time limits without a reasonable explanation, the grievance will be deemed to be abandoned.
(b) If Management fails to reply to a grievance within the prescribed time limits, the employee or Union shall process the grievance to the next step.
(c) Either party may request an extension of the time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the time allowed. An extension, if requested, shall not be unreasonably withheld.
15:06 Wherever possible, the grievance shall be presented on the Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be sufficiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so stated in the grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute.
15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the Procedure within twenty- eight (28) calendar days of the date that the employee became aware of the action.
15:08 Once a grievance has been filed it then becomes the property of the union.
15:09 When a grievance cannot be presented in person, it may be transmitted by registered mail, courier, and/or email. As per 15:01, an employee will deal with a complaint in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances A grievance under this Agreement shall be adjusted defined as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance any difference or dispute between the Employer and any Employee relating to the interpretation, application or alleged violation administration of this Agreement, or relating including any questions as to any terms or conditions of employment shall be dealt with in whether the following manner:
Step 1 matter is arbitrable and an allegation that this Agreement has been violated. An employee Employee having a grievance or complaint or grievance shall refer it to her his immediate Supervisor in writing supervisor within five ten (510) working calendar days of the actual occurrence giving rise Employer’s response to the complaint or grievanceinformal concern. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor supervisor shall reply to the employeeEmployee, giving the answer to the complaint or question within ten (10) calendar days from date of submission. In the supervisor’s absence, the complaint or question is to be referred to Human Resources and the same procedure will be followed. The complaint or grievance is to be in writing within five (5) working days from the date it was submitted.
Step 2 and provided in hard copy. If further action is then to be taken, then within five ten (510) working calendar days after the decision is given in Step Number 1, the employeeEmployee, who may request the assistance of his or her Committeeperson▇▇▇▇▇▇▇, shall submit the grievance in writing writing, in hard copy form, to the AdministratorExecutive Director or designate of the Long Term Care Home, or his designate. A meeting will then be held between the Administrator Executive Director or her his designated representative and the employee within five (5) working daysEmployee. It is understood that at such a meeting the Administrator Executive Director or her his designated representative may have such counsel and assistance as she he may desire desire, and that the employee Employee may have her Committeeperson, his ▇▇▇▇▇▇▇ and that the Chairperson SEIU Union Representative or a Union an International Representative of the Union may also be present at the request of either the employee Employee or the Employer. The decision of the Administrator Executive Director or her his designated representative shall be given in writing in hard copy form within five ten (510) working calendar days following the meeting.
Step 3 . Should the Administrator Executive Director or designate fail to render her his decision as required in Step 2 Number 2, or failing settlement of any grievance under the foregoing proceduresprocedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five ten (510) working calendar days after the decision under Step Number 2 is given given, or within ten twenty (1020) working calendar days following the meeting under Step Number 2 of the grievance procedure, the grievance shall be deemed to have been settled abandoned and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that 5.01 When an employee has no a grievance until against the employee has given their supervisor an opportunity to adjust their complaintcompany it shall be processed in accordance with the grievance procedure hereinafter provided. The supervisor shall have two (2) days company may, however, at its discretion decline to reply to the complaint, if the reply consider any grievance which is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within lodged more than five (5) working days after the decision is given cause of the grievance should have become known to the employee.
(a) Grievances at all steps in Step 1the grievance procedure shall be presented in writing, signed by the employee, who may request and replies thereto shall also be made in writing.
(b) An employee must have the assistance consent of a ▇▇▇▇▇▇▇ or an alternate prior to his/her Committeepersonsigning a grievance. After a grievance is signed, shall submit it becomes the property of the union, and it is the responsibility of the union to settle or appeal the grievance to the next step.
(c) The decision of the company at each step of the grievance procedure shall be delivered to the appropriate representative of the union.
5.03 No grievance shall be considered which usurps the function of management, provided that the question of whether or not the subject matter of the grievance comes within this provision may itself be carried through the grievance procedure as part of the grievance and determined accordingly.
(a) Any employee claiming to have a grievance of any kind may present it in writing to the Administrator. A meeting will then manager of plant protection on forms to be held between supplied by the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the company on request of either the employee or his/her ▇▇▇▇▇▇▇.
(b) The manager of plant protection shall give his/her reply to the Employer. The decision of the Administrator or her designated representative shall be given in writing grievance within five three (53) working days following the meetingafter its presentation to him/her.
Step 3 Should (a) If the Administrator fail reply of the manager of plant protection is not satisfactory to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresemployee concerned, the grievance an appeal therefrom may be referred lodged in writing and signed by the employee, with the human resources manager, within three (3) working days of the delivery of the decision. Thereafter the union may request the company to arbitration by either meet with its bargaining committee in an effort to settle the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within grievance.
(b) Within five (5) working days after such request has been received, a meeting shall be arranged between the decision under Step 2 is bargaining committee and the human resources manager.
(c) The company's reply to the grievance at this step shall be given or within ten seven (107) working days following after such meeting.
(a) If the meeting under Step 2 company's reply is not satisfactory to the employee concerned, written notice of appeal signed by the employee may be served on the human resources manager within seven (7) working days from the date of delivery of the company's reply, appealing the grievance to an umpire.
(b) As promptly as possible after the employee's grievance has been appealed to an umpire, the parties shall arrange to select an umpire. If the parties are unable to select an umpire, then the matter shall be referred to the Minister of Labour for Ontario, for the appointment of an umpire.
5.07 In case of a general grievance alleging that the company has violated or misinterpreted this agreement, the chairperson, in the first instance, shall present the same to the human resources manager in the same way and with the same further procedure as is outlined in sections 5.05 and 5.06.
(a) For the purposes of this article, a "working day" shall mean any day except Saturday, Sunday and the holidays specified in article 11.
(b) Any of the time limits provided in this article may be extended by mutual agreement in writing.
(c) Any grievance to which a reply is not made by the company within the time limits prescribed herein or such extension as may have been agreed to may be referred to the next step in the grievance procedure, the time limit to run from the date the time for reply expired. Any grievance not carried to the next step within the time limits prescribed herein, or such extension as may have been agreed to, shall be deemed automatically closed upon the basis of the last reply.
(a) It shall be the function of the umpire to have been settled whom a grievance is appealed pursuant to section 5.06, and he/she shall be empowered, to decide the matter in accordance with and on the basis of this agreement, and the same following rules shall be applicable to the umpire:
(1) he/she shall have no power to add to, or subtract from, or modify or amend any of the terms of this agreement.
(2) he/she shall have no power to establish wage scales or change any wage.
(3) he/she shall have no power to substitute his/her discretion for the company's discretion in cases where the company is given discretion by this agreement, or by any supplementary agreement, except that where he/she finds a disciplinary suspension or discharge is unjust or unreasonable, he/she may make appropriate modification of the penalty.
(4) he/she shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide. In rendering decisions, an umpire shall have due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this agreement.
(a) In the event that a case is appealed to an umpire on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendations on its merits.
(b) There shall be no appeal from an umpire's decision. It shall be final and binding on the union, its members, the employees involved and the company.
(c) The fees and expenses of the umpire shall be shared equally by the company and the union or, if a grievance has been appealed to the umpire by an employee who is not a member of the union without the consent of the union, such expense shall be borne in equal shares by the company and the employee concerned. The shares shall be paid directly to the umpire by each party. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
5.10 The grievance procedure hereinbefore prescribed shall apply to a grievance lodged by a group of employees, save that an appeal on a group grievance shall not be rejected on the subject matter ground of a further lack of signature by the employees alleging the grievance, provided one such employee signs each notice of appeal.
7:02 Should two 5.11 In the absence or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 inability to act of the grievance procedure and company representatives referred to throughout the grievance procedure, the company may act through nominees of the respective representatives.
7:03 For 5.12 The following special procedure shall be applicable to a grievance alleging improper discharge of an employee or suspension of an employee and may be used by an employee alleging improper layoff or discrimination as defined in section 21.01 of this agreement:
(a) The grievance may be lodged in writing by the discharged or suspended employee with the human resources manager within three (3) regular working days of the discharge or suspension. In the case of an allegation of improper layoff or discrimination, the grievance may be lodged in writing by the affected employee within 5 regular working days after the cause of the grievance should have become known to the employee.
(b) Thereupon the grievance shall be handled as an appeal to the human resources manager at step 2 of the general grievance procedure.
(c) If the decision is not satisfactory the matter may then proceed on the giving of the prescribed notice of appeal as an appeal to an umpire at step 3 of the general grievance procedure.
5.13 Notwithstanding anything contained elsewhere in this agreement, no grievance shall be lodged or prosecuted against the discharge by the company of a probationary employee unless the employee alleges that his or her discharge is not for cause or unless the employee alleges that he/she has been discriminated against in such discharge by reason of union activity, and the umpire shall not reverse his/her discharge on any other ground.
5.14 On request by a discharged employee to his/her supervisor, the employee will be given an opportunity to discuss his/her discharge with his/her ▇▇▇▇▇▇▇ or with the chairperson before leaving the company premises.
5.15 When an employee is called to an interview by a member of the staff of the human resources office, or a person who holds a supervisory position in plant protection, for the purpose of investigating alleged misconduct which may result in discipline, suspension or discharge of such employee, he/she shall be notified that, if he/she desires, he/she may require the grievance and arbitration procedurepresence of his/her ▇▇▇▇▇▇▇ or chairperson if available, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any at such interview. The ▇▇▇▇▇▇▇ or chairperson when called to such an interview at the request of the employee concerned shall not have the time limits in spent on these duties charged against the grievance and arbitration procedure may be extended by the written consent of the partiestime that is used for handling grievances.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 5.01 The parties agree hereto desire that grievances every grievance shall be adjusted dealt with as quickly as possible. It is understood that The grievance will be submitted in the first step within thirty (30) calendar days of the circumstances giving rise to the grievance or in the case of an employee has no on approved leave of absence or vacation, within thirty (30) calendar days of his/her return from such leave of absence or vacation.
5.02 For the purposes of this Agreement, a grievance until is defined as a dispute or controversy between the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory Employer and one or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps more of the grievance procedure. Any grievance or dispute relating to its employees concerning the interpretation, application or application, meaning, operation, any alleged violation of this Agreement, Agreement or relating to any terms or conditions of employment employment.
5.03 A grievance must be submitted in writing by an employee, a ▇▇▇▇▇▇▇, or a staff member of the Union on the grievance form which the parties have agreed to use for this purpose, and shall be dealt with in the following manneras follows:
Step 1 An employee having a complaint or The grievance shall refer it to her immediate Supervisor in writing be taken up with the President or designate, who shall render a written decision within five fourteen (514) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) receipt of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittedgrievance.
Step 2 If further action A grievance is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either party giving notice to the Employer or the Unionother in writing of its intention to do so. If no Such written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is notice shall be given or within ten (10) working days following the meeting under Step 2 of the grievance procedurereceipt of the decision in Step 1 or from the expiry of the time limits at Step 1, whichever is the earlier. Within 20 calendar days receipt of such written notice, the grievance parties shall discuss the appointment of a sole arbitrator. If the parties cannot agree to an arbitrator within a further 10 (ten) days, they shall request the Minister of Labour (Saskatchewan) to appoint an Arbitrator and the person so appointed shall be deemed duly empowered to act accordingly.
5.04 The Union shall have been settled and the same right to submit a policy grievance shall not be within thirty (30) days of the subject matter of a further circumstances giving rise to the policy grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it 5.05 The time limits set out in this Article may be processed as one grievance at Step 1 extended by written agreement of the grievance procedure and throughout parities, provided that requests for extensions are made prior to the expiry of the time limitation.
5.06 Employees shall be entitled to representation at any step of the grievance procedure.
7:03 For 5.07 In the purpose event of a grievance, the Employer agrees, upon request, to provide the Union with copies of disciplinary and/or appraisal documents which have been served upon the employee which the Employer intends to use in regard to the specific grievance.
5.08 References to disciplinary matters shall be removed from the employee's personal file after two (2) years providing there have been no further incidents of the grievance same or substantially similar nature during that two-year period and such references, once removed, will no longer be admissible as evidence in any arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidayshearing.
7:04 Any of the time limits in the grievance and arbitration procedure may 5.09 When an employee is required to attend a meeting where a disciplinary decision concerning him/her is to be extended taken by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth be entitled to have a representative attend the nature of the grievance, the article(s) violated if any and the remedies soughtmeeting.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The 8.01 It is the mutual desire of the parties agree hereto that grievances of employees concerning the interpretation or alleged violation of this Agreement shall be adjusted as quickly as possible. It possible and it is understood that an employee has no grievance until the employee he has first given their his immediate supervisor an opportunity of adjusting his grievance. Such a grievance shall be discussed with the immediate supervisor within five (5) working days after the circumstances giving rise to adjust their complaintthe grievance have occurred. Failing settlement, it may then be taken up as a written grievance within five (5) working days following advice of the immediate supervisor's decision in the following manner and sequence:
STEP I Between the employee, who may have the assistance of his ▇▇▇▇▇▇▇ if he so desires, and the General Manager or his designate. The supervisor grievance shall have two be submitted in writing and signed by the employee. The grievance shall include the following minimum information:
(2i) days to reply to Name of the complaintgrievor;
(ii) Date of the act, if event, occurrence or omission forming the reply is unsatisfactory or if basis of the supervisor fails to reply within the two grievance;
(2iii) days the employee may proceed with the steps Substance of the grievance procedureclearly stated;
(iv) Relief sought; and,
(v) Signature of the ▇▇▇▇▇▇▇ and the grievor. Any grievance The General Manager or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor his designate will give his decision in writing within five (5) working days following the presentation of the actual occurrence giving rise grievance to him. Failing settlement:
STEP II Within five (5) working days after the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)decision is given under Step I, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to grievance may be submitted in writing by the employee, giving who may have the answer assistance of a ▇▇▇▇▇▇▇ if he so desires, to the complaint General Manager or grievance his designate. The General Manager or his designate will give his decision in writing within five (5) working days from the date it was submittedof receiving the written grievance.
8.02 Failing settlement under the foregoing procedure of a grievance arising from the interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to Arbitration as set forth in Article 9, within ten (10) working days after the date of the decision under Step 2 If further action II.
8.03 Where no written decision has been given within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including Arbitration. The time limits provided under this Article may be extended by mutual agreement in writing of the parties.
8.04 It is then to agreed that only grievances involving suspension or discharge, or grievances arising directly between the Company and the Union shall be taken, then originated under Step II with the minimum information set out in Step I included in the written grievance within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit circumstances giving rise to the grievance have occurred, and the time limits set out with respect to that step shall appropriately apply.
8.05 A Union policy grievance or a Company grievance may be submitted by the Company or the Union, as the case may be, in writing to within ten (10) working days from the Administratortime the circumstances upon which the grievance is based are known or reasonably could have been known by the grieving party. A meeting will then between the Company and the Union shall be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following of the meeting.
presentation of the written grievance and shall take place within the framework of Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement II of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer Article 8 hereof. The Company or the Union. If no , as the case may be, shall give its written request for arbitration is received in accordance with Section 8:01 decision within five (5) working days after such meeting has been held. If the decision under Step 2 is given or within ten (10) working days following unsatisfactory to the meeting under Step 2 of the grievance proceduregrieving party, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed submitted to arbitration as one grievance at Step 1 of the grievance procedure and throughout the grievance procedurehereinafter set out.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree 1.9.1 Should a dispute arise between the Employer and an Employee, or the Union, regarding the interpretation, meaning, operation, or application of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that grievances this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall be adjusted made to settle the dispute in the manner as described in this Article.
1.9.2 It is the mutual desire of the parties that the complaints of Employees shall be resolved as quickly as possible. It is understood that an employee Employee has no grievance until he/she has first given his/her appropriate Supervisor the employee has given their supervisor an opportunity to adjust their of resolving his/her complaint. The supervisor Employee may request the assistance of a Union representative. If an Employee has a complaint he/she shall have two discuss it with his/her appropriate Supervisor within twenty (220) working days to reply after the day on which the circumstances giving rise to the complaintcomplaint occurred or ought to have reasonably come to the attention of the Employee. The Supervisor shall give his/her response to this complainant within seven (7) working days following this discussion.
1.9.3 Any dispute that arises under Appendix X, if #4, shall be considered as a Step 1 Grievance under this Article and shall be filed with the appropriate Manager. The Union shall advise Employee Services of any dispute filed under Appendix X, #4, as well as confirmation when resolution is reached.
1.9.4 Step 1
a) In the event that the Supervisor is the Manager of the function/location, the grievance may proceed to Step 2 with the agreement of the parties.
b) If the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating Supervisor is not satisfactory to the interpretationEmployee concerned, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall then it may be dealt with in the following manner:
Step 1 An employee having taken up as a complaint or grievance shall refer it to her immediate Supervisor in writing within five seven (57) working days of the actual occurrence response of the Supervisor and referred to the Manager of the appropriate function/location or designate. The grievance shall be in writing and shall include the circumstances giving rise to the complaint grievance, the remedy sought, and should include the provisions of the Agreement generally to be relied upon, and shall be dated and signed by the Employee and/or Union representative. The Manager of the appropriate function/location or designate, will hold a meeting with the grievor and up to four (4) Union representatives within ten (10) working days of receipt of the grievance. The grievance will clearly state the name(s) Manager of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint appropriate function/location or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who designate may request the assistance attendance at the meeting of any other person(s). The Manager of the appropriate function/location or designate shall give his/her Committeeperson, shall submit response to the grievance grievor in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under meeting.
1.9.5 Step 2 2
a) Failing satisfactory resolution of the grievance procedureat Step 1, the Union may refer the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 Employee Services within seven (7) working days of the grievance procedure written response in Step 1. Employee Services will arrange a meeting with management representatives and throughout the grievance procedure.
7:03 For the purpose up to four (4) Union representatives within ten (10) working days of receipt of the grievance and arbitration procedure, name a chair. The Manager of the appropriate function or designate may request the attendance at the meeting of any other person(s). The grievor may attend such meeting. A response will be given to the Union in writing within ten (10) working days shall exclude Saturdays, Sundays and paid holidaysfollowing the meeting.
7:04 Any b) If Employee Services is unable to arrange a meeting at Step 2 within the stipulated timelines, or if there is no mutual agreement between the Employer and the Union to extend the timelines, the matter will be automatically referred to Step 3.
1.9.6 Step 3
a) Failing satisfactory resolution of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employerat Step 2, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.within seven
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that 5.01 When an employee has no a grievance until against the employee has given their supervisor an opportunity to adjust their complaintcompany it shall be processed in accordance with the grievance procedure hereinafter provided. The supervisor shall have two (2) days company may, however, at its discretion decline to reply to the complaint, if the reply consider any grievance which is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within lodged more than five (5) working days after the decision is given cause of the grievance should have become known to the employee.
(a) Grievances at all steps in Step 1the grievance procedure shall be presented in writing, signed by the employee, who may request and replies thereto shall also be made in writing.
(b) An employee must have the assistance consent of a ▇▇▇▇▇▇▇ or an alternate prior to his/her Committeepersonsigning a grievance. After a grievance is signed, shall submit it becomes the property of the union, and it is the responsibility of the union to settle or appeal the grievance to the next step.
(c) The decision of the company at each step of the grievance procedure shall be delivered to the appropriate representative of the union.
5.03 No grievance shall be considered which usurps the function of management, provided that the question of whether or not the subject matter of the grievance comes within this provision may itself be carried through the grievance procedure as part of the grievance and determined accordingly.
(a) Any employee claiming to have a grievance of any kind may present it in writing to the Administrator. A meeting will then manager of plant protection on forms to be held between supplied by the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the company on request of either the employee or his/her ▇▇▇▇▇▇▇.
(b) The manager of plant protection shall give his/her reply to the Employer. The decision of the Administrator or her designated representative shall be given in writing grievance within five three (53) working days following the meetingafter its presentation to him/her.
Step 3 Should (a) If the Administrator fail reply of the manager of plant protection is not satisfactory to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresemployee concerned, the grievance an appeal therefrom may be referred lodged in writing and signed by the employee, with the human resources manager, within three (3) working days of the delivery of the decision. Thereafter the union may request the company to arbitration by either meet with its bargaining committee in an effort to settle the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within grievance.
(b) Within five (5) working days after such request has been received, a meeting shall be arranged between the decision under Step 2 is bargaining committee and the human resources manager.
(c) The company's reply to the grievance at this step shall be given or within ten seven (107) working days following after such meeting.
(a) If the meeting under Step 2 company's reply is not satisfactory to the employee concerned, written notice of appeal signed by the employee may be served on the human resources manager within seven (7) working days from the date of delivery of the company's reply, appealing the grievance to an umpire.
(b) As promptly as possible after the employee's grievance has been appealed to an umpire, the parties shall arrange to select an umpire. If the parties are unable to select an umpire, then the matter shall be referred to the Minister of Labour for Ontario, for the appointment of an umpire.
5.07 In case of a general grievance alleging that the company has violated or misinterpreted this agreement, the chairperson, in the first instance, shall present the same to the human resources manager in the same way and with the same further procedure as is outlined in sections 5.05 and 5.06.
(a) For the purposes of this article, a "working day" shall mean any day except Saturday, Sunday and the holidays specified in article 11.
(b) Any of the time limits provided in this article may be extended by mutual agreement in writing.
(c) Any grievance to which a reply is not made by the company within the time limits prescribed herein or such extension as may have been agreed to may be referred to the next step in the grievance procedure, the time limit to run from the date the time for reply expired. Any grievance not carried to the next step within the time limits prescribed herein, or such extension as may have been agreed to, shall be deemed automatically closed upon the basis of the last reply.
(a) It shall be the function of the umpire to have been settled whom a grievance is appealed pursuant to section 5.06, and he/she shall be empowered, to decide the matter in accordance with and on the basis of this agreement, and the same following rules shall be applicable to the umpire:
(1) he/she shall have no power to add to, or subtract from, or modify or amend any of the terms of this agreement.
(2) he/she shall have no power to establish wage scales or change any wage.
(3) he/she shall have no power to substitute his/her discretion for the company's discretion in cases where the company is given discretion by this agreement, or by any supplementary agreement, except that where he/she finds a disciplinary suspension or discharge is unjust or unreasonable, he/she may make appropriate modification of the penalty.
(4) he/she shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide. In rendering decisions, an umpire shall have due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this agreement.
(a) In the event that a case is appealed to an umpire on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendations on its merits.
(b) There shall be no appeal from an umpire's decision. It shall be final and binding on the union, its members, the employees involved and the company.
(c) The fees and expenses of the umpire shall be shared equally by the company and the union or, if a grievance has been appealed to the umpire by an employee who is not a member of the union without the consent of the union, such expense shall be borne in equal shares by the company and the employee concerned. The shares shall be paid directly to the umpire by each party. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
5.10 The grievance procedure hereinbefore prescribed shall apply to a grievance lodged by a group of employees, save that an appeal on a group grievance shall not be rejected on the subject matter ground of a further lack of signature by the employees alleging the grievance, provided one such employee signs each notice of appeal.
7:02 Should two 5.11 In the absence or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 inability to act of the grievance procedure and company representatives referred to throughout the grievance procedure, the company may act through nominees of the respective representatives.
7:03 For 5.12 The following special procedure shall be applicable to a grievance alleging improper discharge of an employee or suspension of an employee and may be used by an employee alleging improper layoff or discrimination as defined in section 21.01 of this agreement:
(a) The grievance may be lodged in writing by the discharged or suspended employee with the human resources manager within three (3) regular working days of the discharge or suspension. In the case of an allegation of improper layoff or discrimination, the grievance may be lodged in writing by the affected employee within five (5) regular working days after the cause of the grievance should have become known to the employee.
(b) Thereupon the grievance shall be handled as an appeal to the human resources manager at step 2 of the general grievance procedure.
(c) If the decision is not satisfactory the matter may then proceed on the giving of the prescribed notice of appeal as an appeal to an umpire at step 3 of the general grievance procedure.
5.13 Notwithstanding anything contained elsewhere in this agreement, no grievance shall be lodged or prosecuted against the discharge by the company of a probationary employee unless the employee alleges that his or her discharge is not for cause or unless the employee alleges that he/she has been discriminated against in such discharge by reason of union activity, and the umpire shall not reverse his/her discharge on any other ground.
5.14 On request by a discharged employee to his/her supervisor, the employee will be given an opportunity to discuss his/her discharge with his/her ▇▇▇▇▇▇▇ or with the chairperson before leaving the company premises.
5.15 When an employee is called to an interview by a member of the staff of the human resources office, or a person who holds a supervisory position in plant protection, for the purpose of investigating alleged misconduct which may result in discipline, suspension or discharge of such employee, he/she shall be notified that, if he/she desires, he/she may require the grievance and arbitration procedurepresence of his/her ▇▇▇▇▇▇▇ or chairperson if available, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any at such interview. The ▇▇▇▇▇▇▇ or chairperson when called to such an interview at the request of the employee concerned shall not have the time limits in spent on these duties charged against the grievance and arbitration procedure may be extended by the written consent of the partiestime that is used for handling grievances.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The 17.01 Any complaint, disagreement or difference of opinion between the parties agree that grievances hereto concerning the interpretation, application, operation or any alleged violation of the terms and provisions of this Agreement shall be adjusted as quickly as possibleconsidered a Grievance. It is understood that an employee has no grievance until Grievances shall be presented in writing and shall clearly set forth the employee has given their supervisor an opportunity Grievance and the contentions of the aggrieved party, following which the Union Representative or Representatives and the Employer Representative or Representatives shall meet and, in good faith, shall earnestly endeavour to adjust their complaintsettle the Grievance submitted. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory If a satisfactory settlement cannot be reached or if the supervisor party on whom the Grievance has been served fails to reply meet the other party within the two fourteen (214) days of receiving the employee may proceed with written Grievance, either party may, by written notice served upon the steps other, require submission of the grievance procedure. Any grievance or dispute relating Grievance to a Board of Arbitration, such Board to be established in the interpretation, application or alleged violation manner provided in Section 18 of this Agreement, .
17.02 Grievances involving the dismissal or relating to any terms or conditions layoff of employment shall an employee must be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise submitted to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following from the meeting date of dismissal or layoff or be waived by the aggrieved party, provided notice has been given as required under Step 2 Section 13.05.
17.03 Any employee alleging wrongful dismissal may place his or her allegation before the Union Representative and, if the Union Representative considers that the objection of the grievance procedureemployee has merit, the dismissal shall become a Grievance and be subject to the Grievance Procedure as established by this Agreement.
17.04 The Employer agrees to reply in writing as to the disposition of all Grievances submitted by the Union.
17.05 Any grievance may, by mutual agreement between the Employer and the Union, be referred at any time to a “trouble-shooter” agreed to by the Parties, on a case-by-case basis, who shall endeavour through mediation to help the Parties resolve the issues in dispute. Such “trouble-shooter” shall not be empowered to render any final and binding decision concerning any grievance. For the duration of this “trouble-shooting” in each case, the time limits otherwise applicable for processing the grievance under this Agreement shall be deemed to have been settled be “frozen”, that is, held in abeyance. The costs for the “trouble- shooter” in each case shall be borne equally by the Employer and the same grievance shall not be the subject matter of a further grievanceUnion.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances 8.01 A Grievance under this Agreement shall be adjusted defined as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance any difference or dispute between the Employer and any Employee relating to the interpretation, application or alleged violation administration of this Agreement, or relating including any questions as to any terms or conditions of employment whether the matter is arbitrable, and an allegation that this Agreement has been violated. All complaints and grievances shall be dealt with in taken up the following manner:
Step 1 : An employee Employee having a question or complaint or grievance shall refer it to her his immediate Supervisor in writing supervisor within five ten (510) working days of the actual occurrence giving rise leading to the complaint question or grievancecomplaint. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor supervisor shall reply to the employee, Employee giving the answer to the complaint or grievance in writing question within five four (54) working days from the date it was submitted.
Step 2 of submission. If further action is then to be taken, then within five ten (510) working days after the decision is given in Step No. 1, the employeeEmployee, who may request the assistance of his or her Committeeperson▇▇▇▇▇▇▇, shall submit the grievance in writing to the AdministratorGeneral Manager. A meeting will then be held between the Administrator General Manager or her his designated representative and the employee within five (5) working daysEmployee. It is understood that that, at such a meeting the Administrator General Manager or her his designated representative may have such counsel and assistance as she he may desire desire, and that the employee Employee may have her Committeepersonhis ▇▇▇▇▇▇▇, and that the Chairperson SEIU Union Representative or a Union an International Representative of the Union may also be present at the request of either the employee Employee or the Employer. The decision of the Administrator General Manager or her his designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 . Should the Administrator General Manager fail to render her his decision as required in Step 2 No. 2, or failing settlement of any grievance under the foregoing proceduresprocedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration Arbitration by either the Employer or the Union. If no written request for arbitration Arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step No. 2 is given given, or within ten (10) working days following the meeting under Step No. 2 of the grievance procedure, the grievance shall be deemed to have been settled abandoned and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance 8.02 Any of a similar nature, then it the time allowances above may be processed as one grievance at Step 1 extended by mutual agreement of the grievance procedure and throughout the grievance procedureparties.
7:03 For 8.03 In determining the purpose time within which any action is to be taken or completed under the terms of the grievance and arbitration procedurethis Agreement, working days such time limits shall exclude be exclusive of Saturdays, Sundays and paid holidays.
7:04 Any 8.04 An Employee subject to disciplinary action which is to be recorded in the Employee’s personnel file shall have the right, to the presence of the time limits in Union ▇▇▇▇▇▇▇. In extraordinary circumstances when a Union ▇▇▇▇▇▇▇ is entirely unavailable, the grievance and arbitration procedure may be extended by Employee shall have the written consent right to the presence of a Union Committee member or a member representative of the partiesEmployee’s choice who is working on the current shift; however, an Employee may elect to forgo this representation if she so chooses.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances A. A grievance, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the ▇▇▇▇▇▇▇ on behalf of all Employees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity considered settled pursuant to adjust their complaint. The supervisor shall have two such last step answer or withdrawn without prejudice (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:W.W.P.).
Step 1 1. An employee Employee having a complaint or grievance shall refer present it to his/her immediate Supervisor in writing within five (5) working days of its occurrence or within five (5) working days of the actual occurrence giving rise date it is reasonable to the complaint or grievanceassume that he/she became aware of it. The Employee has the right to request that the ▇▇▇▇▇▇▇ be called without undue delay for the purpose of attempting to adjust the grievance will clearly state and to be accompanied by the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested▇▇▇▇▇▇▇. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing respond orally within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 discussion. If satisfactory settlement is not reached, The Employee or failing settlement of any grievance under the foregoing procedures, ▇▇▇▇▇▇▇ shall reduce the grievance may be referred to arbitration writing on forms supplied by either the Employer and submit same to the Director of the Unit or the Union. If no written request for arbitration is received in accordance with Section 8:01 a designated representative within five (5) working days after of receipt of the decision under Step 2 is given Supervisor's answer, or in the case of a grievance filed by the ▇▇▇▇▇▇▇ on behalf of all Employees similarly situated, within ten five (105) working days following of the meeting under date it is reasonable to assume that the Union became aware of it. Each party’s representative shall be responsible for making certain that all relevant contentions and evidence, that are available at the time and have been developed and considered, are presented at Step 2 2. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance procedure(what happened?), the grievance shall be deemed to have date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been settled violated (and how), the adjustment sought, and the same grievance facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the Grievance Committee, not be to exceed three (3) in number, in addition to the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar naturePresident and Secretary, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, within five (5) working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature receipt of the grievance. The Director, the article(sor his/her designated representative shall give his/her answer in writing within three (3) violated if any and the remedies sought.working days of this meeting. If satisfactory settlement is not reached,
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances 9.01 Any claims by an Employee or the Union pertaining to a violation of any labour relations legislation may be the subject of a grievance which shall be adjusted processed in accordance with the Grievance Procedure.
9.02 On an annual basis the Union will advise the Employer, in writing, of the names of all Shop Stewards and will advise the Employer of any changes to the Stewards as quickly they occur.
9.03 The Union shall notify the Employer in writing of the name of each ▇▇▇▇▇▇▇, the department(s) they represent, and the Chief ▇▇▇▇▇▇▇, before the Employer will be required to recognize them.
9.04 The Stewards so elected shall constitute the Grievance Committee so long as possible. It is understood they remain Employees or until their successors are chosen.
9.05 The Employer agrees that an employee has no grievance until stewards shall not be hindered, coerced, restrained or interfered with in any way in the employee has given performance of their supervisor an opportunity to adjust their complaintduties, while investigating disputes and presenting adjustments as provided in this Article. The supervisor Union understands and agrees that each ▇▇▇▇▇▇▇ will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no ▇▇▇▇▇▇▇ shall have two (2leave their work without obtaining the permission of the General Manager or their designee, such permission to be granted at a mutually acceptable time.
9.06 A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any Employee(s) days or the Union.
9.07 An ▇▇▇▇▇▇▇ effort shall be made to reply to settle any grievance fairly and promptly in the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2following manner:
a) days the employee may proceed with the steps At all levels of the grievance procedure. Any grievance :
i) a sincere attempt will be made by both parties to the Collective Agreement through discussion to resolve problems in the workplace; ii) a meeting may be arranged to discuss the problem and exchange information.
b) An Employee or dispute relating the Union will have the right at any time to have the assistance of a CUPE Representative.
c) The Employer’s Human Resources Manager, or designee, shall be entitled to be present at all meetings referred to in this Article.
STEP 1 An Employee who believes that there is a problem arising out of the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt Collective Agreement will first discuss the matter with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing Employee’s Supervising Manager within five (5) working days of when the actual occurrence giving rise to Employee first became aware of, or reasonably should have become aware of, the complaint or grievanceoccurrence. The grievance Employee will clearly state have the name(s) of right to be accompanied by a Shop ▇▇▇▇▇▇▇ or Union Officer while discussing the grievor(s), matter with the article(s) violated, if any, and the corrective action requestedEmployee’s Supervising Manager. The Supervisor shall reply to Supervising Manager will advise the employee, giving the answer to the complaint or grievance in writing Employee of their decision within five (5) working days from of the date it the matter was submittedfirst discussed.
Step STEP 2 If further action is then to be taken, then Failing settlement within five (5) working days after the decision is given in dispute was submitted under Step 1, the employeeemployee(s) concerned, who may request the assistance of her Committeepersonand/or Chief ▇▇▇▇▇▇▇, shall will submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator General Manager or her designated representative and the employee their designate, within five (5) working days. It is understood that at such , a meeting written statement of the Administrator or her designated representative may have such counsel and assistance as she may desire and that particulars of the employee may have her Committeeperson, complaint and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employerredress sought. The General Manager shall render their decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after receipt of such notice.
STEP 3 Failing settlement being reached in Step 2, the decision under Step 2 is given or employee(s) and/or the Grievance Committee shall submit the matter, within ten five (105) working days following to the meeting under Students' Union Executive Committee, who shall render their decision within five (5) working days after receipt of such notice. Failing a settlement being reached in Step 2 3, within twenty (20) working days of receiving the Students’ Union Executive Committee’s decision the Union may, on giving five (5) working days notice in writing to the Employer of its intention, refer the dispute to arbitration.
9.08 Where a dispute involving a question of general application or interpretation occurs, or where a group of Employees or the Union has a grievance, Step 1 of this Article may be by-passed.
9.09 The Union and its representatives, shall have the right to originate a grievance for an Employee or group of employees, and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. Such a grievance shall commence at Step 2.
9.10 Replies to grievances shall be in writing at all stages.
9.11 The Employer shall supply the necessary facilities for the grievance meetings.
9.12 Supplementary agreements, if any, shall form part of this Agreement and are subject to the grievance and arbitration procedure.
9.13 Should the Employer or the Union fail to comply with any time limit in the grievance procedure, the grievance will be considered conceded by the party failing to meet the time limit, unless the parties have mutually agreed, in writing to extend the time limit.
9.14 No grievance shall be deemed to have been settled defeated by any formal or technical objection except as allowed for in Article 9.13, and the same grievance Arbitration Board shall not be have the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of power to allow all necessary amendments to the grievance and arbitration procedurethe power to waive formal procedural irregularities in the processing of a grievance, working days shall exclude Saturdays, Sundays in order to determine the real matter in dispute and paid holidays.
7:04 Any the giving of a decision according to equitable principles and the justice of the time limits in the grievance and arbitration procedure may be extended by the written consent of the partiescase.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01
18.01 The parties agree recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that grievances shall be adjusted as quickly as possibleare presented in accordance with this Article. It is understood Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that an employee has no they wish to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance until and facilitating discussions between the employee has given and their supervisor an opportunity to adjust their complaint. The supervisor supervisors, it is agreed that the period between the initial discussion and the final response shall have two not count as elapsed time for the purpose of grievance time limits; or,
(2b) days to reply following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the complaint, if the reply is unsatisfactory or if the supervisor fails delegated grievance step authority of their intention to reply within the two (2) days the employee may proceed with the steps take advantage of the grievance procedure. Any grievance or alternative dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)resolution mechanisms, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance time limits stipulated in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to this Article may be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held extended by mutual agreement between the Administrator or her designated representative Employer and the employee within five (5) working days. It is understood that at such a meeting and, where appropriate, the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meetingAlliance representative.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement (c) No representative of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in accordance with Section 8:01 within five an alternate dispute resolution mechanism.
(5d) working days after When an employee wishes to take advantage of a process outlined under 18.01(a) or 18.01(b) above that pertains to the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 application of a provision of the collective agreement, the employee may, at their request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance procedureby mail, the grievance shall be deemed to have been settled presented on the day on which it is postmarked and it shall be deemed to have been received by the same Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present their grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the subject matter of a further grievance.fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
7:02 Should two or more employees have 18.06 An employee who wishes to present a grievance of a similar nature, then it may be processed as one grievance at Step 1 of any prescribed level in the grievance procedure and throughout shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance procedure.
7:03 For to the purpose representative of the grievance and arbitration procedureEmployer authorized to deal with grievances at the appropriate level, working days shall exclude Saturdays, Sundays and paid holidays.and
7:04 Any of (b) provide the time limits in employee with a receipt stating the date on which the grievance and arbitration procedure may be extended was received by the written consent of the partiesemployee.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 34.01 The parties agree recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that grievances shall be adjusted as quickly as possibleare presented in accordance with this Article. It is understood Accordingly, when an employee:
(a) within the time limits prescribed in clause 34.11, gives notice that an employee has no they wish to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance until and facilitating discussions between the employee has given and their supervisor an opportunity to adjust their complaint. The supervisor supervisors, it is agreed that the period between the initial discussion and the final response shall have two not count as elapsed time for the purpose of grievance time limits; or,
(2b) days to reply following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the complaint, if the reply is unsatisfactory or if the supervisor fails delegated grievance step authority of their intention to reply within the two (2) days the employee may proceed with the steps take advantage of the grievance procedure. Any grievance or alternative dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)resolution mechanisms, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance time limits stipulated in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to this Article may be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held extended by mutual agreement between the Administrator or her designated representative Employer and the employee within five and, where appropriate, the Institute representative.
(5c) working days. It is understood When an employee wishes to take advantage of a process outlined under 34.01(a) or 34.01(b) above that at such pertains to the application of a meeting provision of the Administrator or her designated representative may have such counsel and assistance as she may desire and that collective agreement, the employee may, at their request, be represented by the Institute at any meeting or mediation session held to deal with the matter.
34.02 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.
34.03 The time limits stipulated in this procedure may have her Committeeperson, be extended by mutual agreement between the Employer and the Chairperson or a Union Representative of employee and, where appropriate, the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meetingInstitute representative.
Step 3 Should 34.04 Where the Administrator fail provisions of clauses 34.06, 34.23 or 34.37 cannot be complied with and it is necessary to render her decision as required in Step 2 or failing settlement of any present a grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduremail, the grievance shall be deemed to have been settled presented on the day on which it is postmarked and it shall be deemed to have been received by the same Employer on the day it is delivered to the appropriate office. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.
34.05 A grievance shall not be deemed to be invalid by reason only of the subject matter of a further grievance.fact that it is not in accordance with the form supplied by the Employer. Individual grievances
7:02 Should two or more employees have 34.06 An employee who wishes to present a grievance of a similar nature, then it may be processed as one grievance at Step 1 of any prescribed level in the grievance procedure and throughout shall transmit this grievance to the employee’s immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance procedure.
7:03 For to the purpose representative of the grievance and arbitration procedureEmployer authorized to deal with grievances at the appropriate level, working days shall exclude Saturdays, Sundays and paid holidays.and
7:04 Any of (b) provide the time limits in employee with a receipt stating the date on which the grievance and arbitration procedure may be extended was received by the written consent of the partiesthem.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that grievances shall be adjusted as quickly as possible. It is understood that when an employee has no grievance until a complaint, the employee has given their supervisor an opportunity will be encouraged to adjust their complaint. The supervisor shall have two (2) days to reply discuss the matter with the Supervisor, without prejudice to the complaintemployee or Employer, if as soon as possible after the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence circumstances giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply occurs so that a dispute requiring reference to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance proceduremay be avoided wherever possible.
7:03 For 12.02 Where an employee feels aggrieved by the purpose interpretation or application in respect of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the grievance provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting terms and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the time limits in Legislative Assembly of New Brunswick, and, where the grievance and arbitration procedure may be extended by the employee has written consent of the parties.
7:05 When a Union respecting any grievance is submitted in writing by either relating to the Employerinterpretation or application of this Agreement, the Union following procedure shall apply: STEP ONE: Within twenty (20) days after the alleged grievance has arisen or an the employee it shall clearly set forth the nature became aware of the grievance, the article(s) violated if any employee may present a grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the remedies sought.immediate supervisor or the person designated by the Employer as the first level in the grievance procedure. If the employee receives no reply or does not receive satisfactory settlement within ten
Appears in 3 contracts
Sources: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 19.1 This CWA is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
19.2 The parties Contractors, Unions, and the employees, collectively and individually, realize the importance to all Parties to maintain continuous and uninterrupted performance of the work of the Project, and agree that grievances to resolve disputes in accordance with the grievance arbitration provisions set forth in this Article.
19.3 Any question or dispute arising out of and during the term of this CWA (other than trade jurisdictional disputes) shall be adjusted as quickly as possibleconsidered a grievance and subject to resolution under the following steps:
(A) Step 1. It is understood that an When any employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply subject to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps provisions of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged this CWA feels they have been aggrieved by a violation of this AgreementCWA, through their local Union business representative or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)job ▇▇▇▇▇▇▇, the article(s) violatedshall, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following after receiving notice of the occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local Union or the job ▇▇▇▇▇▇▇ and the work- site representative of the involved Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting under minutes and shall respond to the Union representative in writing 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 procedureis reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance shall be deemed occurred, and the provision(s) of the CWA alleged to have been settled violated. Should the Local Union(s) or any Contractor(s) have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
(B) Step 2. The International Union Representative or designee and the same involved Contractor(s) shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. 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) working days thereafter.
(C) Step 3. If the grievance has been submitted but not adjusted under Step 2, either Party may request in writing, within seven (7) working days thereafter that the grievance be submitted to the mutually agreed upon Arbitrator. The decision of the Arbitrator shall not be final and binding on all Parties. The fee and expenses of such Arbitration shall be borne equally be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 Contractor(s) and the involved Local Union(s). Failure of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of grieving party to adhere to the time limits in established herein shall render the grievance null and arbitration procedure void. The time limits established herein may be extended only by the written consent of the partiesparties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented, and shall not have authority to change, amend, add to or detract from any of the provisions of this CWA.
7:05 When a grievance is submitted 19.4 The Owner and Contractor shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies soughtall proceedings at these steps.
Appears in 3 contracts
Sources: Community Workforce Agreement, Community Workforce Agreement, Community Workforce Agreement
GRIEVANCE PROCEDURE. 7:01 (a) The parties agree purpose of this Article is to provide the sole method for the settlement of a grievance alleging that grievances a specific provision or interpretation of this Agreement has been violated. Such a grievance shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed presented and processed in accordance with the steps steps, time limits and conditions herein set forth. For the purposes of Articles 6 and 7, working days shall be considered as falling during the Monday to Friday period regardless of the Employee’s shift.
(b) An Employee who has filed a grievance procedure. Any grievance or dispute relating in timely fashion alleging a breach of Article 3.08 and who wishes to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days avail himself/herself of the actual occurrence giving rise services of the Centre for Human Rights may do so by so indicating this desire in writing. If the Grievor elects to pursue the complaint through the Centre for Human Rights or grievance. The grievance will clearly state the name(s) of the grievor(s)University Workplace Harassment Prevention Program, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days procedure time limits will be suspended from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no Employee’s written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within and such time limits shall not commence to operate until ten (10) working days following the meeting under Step 2 date of the decision of the Centre for Human Rights or Assistant Vice-President Human Resources. During this ten (10) working day period, the Grievor must notify the other party if he/she intends to continue to pursue the matter through the grievance procedure, . In the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of event that the time limits in the grievance procedure have been suspended for more than twelve (12) months, the University may give written notice to the Union and arbitration the Grievor that such time limits will commence to operate starting ten (10) days following the date of such written notice. The Employee may also choose to have his/her complaint under Article 3.08 dealt with solely pursuant to the grievance procedure may under this collective agreement.
6.02 No grievance shall be extended by considered where the request for the Complaint Stage meeting, if applicable, or the submission of the written consent grievance at the appropriate Step, occurs more than five (5) working days after an Employee became aware, or reasonably ought to have been aware, of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature occurrence of the grievance, the article(s) violated if any and the remedies soughtcircumstances giving rise thereto.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possibleSection 1. It is understood that an employee has no grievance until For the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation purpose of this Agreement, the term "grievance" is defined as a dispute between the Center and ONA, or relating to between the Center and a nurse concerning the interpretation and/or application of, or compliance with, any terms or conditions provision of employment this Agreement. Any grievance must allege a violation of a specific provision of this Agreement. When any such grievance arises, the following procedure shall be dealt with in the following manner:observed.
Step 1 An employee 1. Any nurse having a complaint or grievance shall refer will reduce the grievance to writing and must present it to her immediate Supervisor in writing the Division Director or designee, within five fourteen (514) working calendar days of the actual occurrence giving rise to the complaint or alleged grievance. The A meeting will be held to discuss the grievance will clearly state the name(swithin fourteen (14) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working calendar days from the date it was submittedthe grievance is presented. An ONA representative will be present at this Step 1 meeting. Any grievance pertaining specifically to improper payment or calculation of a nurse's rate of pay, or other economic benefits, or tenure (for purposes of seniority rights) must be filed within fourteen (14) calendar days after the nurse has knowledge or should have knowledge of the event upon which the grievance is based. The Division Director or designee shall render a grievance decision within fourteen (14) calendar days of the Step 1 meeting.
Step 2 2. If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing is not settled at Step 1 then it may be presented to the AdministratorDirector of Labor Relations or his/her designated representative within fourteen (14) calendar days from the date of receipt of the Step 1 decision. A meeting will then be held between with ONA representatives, including ONA’s staff representative, to discuss the Administrator or her designated representative grievance in an effort to resolve it and a written answer given to ONA.
Step 3. Either party may request mediation within fourteen (14) days after the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative date of the Union Step 2 meeting.
Step 4. If the grievance is not resolved as provided in Step 3, it may also be present at the submitted to arbitration upon request of either party. The party requesting arbitration must notify the employee other party in writing within fifteen (15) calendar days after the mediation or the Employerrejection of Step 3. In the event the matter is submitted to arbitration, the arbitrator shall be appointed by mutual consent of the parties hereto, within seven (7) days after arbitration is invoked. If the parties cannot agree, they shall solicit a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Should one party determine asubsequent panel is necessary, that party shall bear sole responsibility for obtaining the subsequent panel. Following receipt of the panel of arbitrators, the parties shall alternately strike a name from the panel until only one (1) name remains, and that person shall serve as Arbitrator. The decision of the Administrator arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue a decision within thirty (30) days after the conclusion of testimony and arguments. Expenses for arbitration service and proceedings shall be borne equally by the Center and ONA, except in the case of a party requiring more than one panel of arbitrators as outlined above. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or any Agreement made supplementary hereto. Any difference arising incidental to negotiations of terms of a new Agreement or modification or amendment to this Agreement shall not be subject to arbitration. Either party may have a verbatim record made of the proceedings at its expense provided it makes a copy available without charge to the arbitrator, and provided that it makes a copy available to the other party upon that party's request and payment of one- half (1/2) of the total expenses of the record and all copies.
Section 2. Grievances may be processed by the nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, the Director of Labor Relations or his/her designated representative shall be given in writing within five (5) held during the normal working days following the meetinghours of such administrative personnel.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement Section 3. A grievance which affects a substantial number of any grievance under the foregoing procedures, the grievance identified nurses may initially be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under presented at Step 2 of the grievance procedureSection 1, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedurefiled by ONA. These grievances will be reduced to writing with available substantiating facts.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The 17.01 For purposes of the Collective Agreement, a grievance is defined as a difference arising between the parties agree relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that grievances a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement.
17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint orally or in writing. If any employee has given their a complaint, he shall discuss it with his immediate supervisor an opportunity within five (5) days after the circumstances giving rise to adjust their complaintthe complaint have occurred or ought to have reasonably come to the attention of the employee. The supervisor shall have two give his response to the complaint within five (25) days to reply to the complaintand, if the reply is unsatisfactory or if the supervisor fails to reply failing settlement, it may be then taken up as a grievance within the two five (25) days after being advised of the immediate supervisor's decision in the following manner and sequence: If the employee wishes, he may proceed with the steps go directly to step 1 of the grievance procedureprocedure without following the process outlined above. Any If an employee decides to go directly to step 1 he must file his grievance or dispute relating under step 1 within five (5) days after the circumstances giving rise to the interpretationgrievance have occurred or ought to have reasonably come to the attention of the employee. The employee, application or alleged violation who may request the assistance of this Agreementhis ▇▇▇▇▇▇▇, or relating may present his grievance to any terms or conditions of employment his immediate supervisor. The grievance shall be dealt with in writing on a grievance form approved by the following manner:
Step 1 An employee having a complaint or Company and the Union. The grievance shall refer it be signed by the employee and shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to her have been violated. Failing settlement, the immediate Supervisor supervisor shall deliver his decision in writing within five (5) working days following the presentation of the actual occurrence giving rise grievance to the complaint or grievancehim. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within Failing Settlement: Within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision in which Step #1 is given in Step 1given, the employee, who may request the assistance of her Committeepersonthe ▇▇▇▇▇▇▇, may submit the grievance in writing to his Human Resources Manager or his designate who shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate supervisor and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step #2, the grievor, who may have the assistance of the Union ▇▇▇▇▇▇▇, may submit the grievance in writing to the AdministratorStore Manager or his designate. A meeting will then be held between the Administrator Store Manager or her designated representative his designate and the employee and the Union ▇▇▇▇▇▇▇. Such meeting shall be held within five (5) working daysdays of submission of the grievance at Step #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall be present at such a meeting at the Administrator or her designated representative request of either party and that the Company may also have such counsel and assistance as she it may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employerdesire. The decision of the Administrator Store Manager or her designated representative his designate shall be given delivered in writing within five (5) working days following the date of such meeting.
17.03 It is agreed that a policy grievance arising directly between the Company and the Union shall be originated under Step #3 Should and the Administrator fail time limits set out with respect to render her decision the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration.
17.04 A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as required a grievance if a written statement of such grievance is lodged with the Company at Step #3 of the grievance procedure within five (5) days after the date the discharge or suspension is effected. Such grievance may be settled under the grievance or arbitration procedure by:
(a) confirming the Company's action in Step 2 or failing dismissing the employee, or
(b) by any other arrangement which may be deemed just and equitable.
17.05 Failing settlement under the foregoing procedure of any grievance under between the foregoing proceduresparties arising from the interpretation, the grievance application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievances may be referred submitted to arbitration by either the Employer or the Unionas hereinafter provided. If no written request for arbitration is received in accordance with Section 8:01 within five thirty (530) working days after the decision under Step 2 #3 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduregiven, the grievance shall be deemed to have been settled and abandoned.
17.06 Where no written answer has been given within the same time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration.
17.07 No adjustment effected under the grievance or arbitration procedure shall be made retroactive beyond five (5) days prior to the date that the grievance was formally discussed or presented to the Company except in the case of wages or other cash benefits issues, where the adjustment shall not be retroactive prior to the subject first occurrence of the issue but in any case not before 45 days prior to the date that the grievance was formally discussed or presented to the Company.
17.08 When either party requests that any matter may be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this agreement, and at the same time nominate an arbitrator. Within five (5) days thereafter the other party shall nominate an arbitrator; provided, however, that if such party fails to nominate an arbitrator as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two arbitrators so nominated shall attempt to select by agreement a further chairman of the arbitration board. If they are unable to agree upon such a chairman within a period of ten (10) days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial chairman. If a chairman has not been agreed upon by the two arbitrators within thirty (30) calendar days of the appointment of the second arbitrator, or a request has not been made of the Ministry of Labour, the grievance shall be deemed to have been abandoned.
17.09 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it 17.10 No matter may be processed as one grievance at Step 1 submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure and throughout the grievance procedure.
7:03 For 17.11 The arbitration board shall not be authorized to make any decision inconsistent with the purpose provisions of this agreement, nor to alter, modify, add to or amend any part of this agreement nor to award interest.
17.12 The proceedings of the arbitration board will be expedited by the parties hereto and the decision of the majority and, where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.
17.13 Each of the parties hereto will bear the expense of the arbitrator appointed by it and the parties will share equally the expenses, if any, of the chairman of the arbitration board.
17.14 The parties acknowledge that the time limits set out in both the grievance and arbitration procedure, working days procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits result in the grievance and arbitration procedure may be extended by the written consent of the partiesbeing deemed to have been abandoned.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances (a) In order to provide an orderly procedure for the settling of grievances, the Employer acknowledges the right of the Union to appoint, or otherwise select, a Grievance Committee of three (3) members, whose duties shall be adjusted as quickly as possible. It is understood that an employee has no to process any grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed in accordance with the steps of the grievance procedure. Any grievance .
(b) The Employer shall recognize up to seven (7) Shop Stewards appointed or otherwise selected by the Union bargaining unit, whose duties shall be to investigate and to attempt to settle disputes.
(c) The Union shall notify the Employer in writing of the name of each Grievance Committee member and Shop ▇▇▇▇▇▇▇ before the Employer shall be required to recognize the member or ▇▇▇▇▇▇▇.
(d) The Grievance Committee and Shop ▇▇▇▇▇▇▇(s) selected according to (a) and (b) hereof, shall not change so long as they remain employees or until their successors are chosen.
(e) In order that the work of the Employer shall not be unreasonably interrupted, the Shop ▇▇▇▇▇▇▇ shall not leave work without obtaining permission of the supervisor, which permission shall be given within one hour.
(f) Should a dispute relating to arise between the Employer and any employee(s) or the Union regarding the interpretation, meaning, operation, or application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, or relating to where an allegation is made that this Agreement has been violated, or should any terms or conditions of employment other dispute arise, an ▇▇▇▇▇▇▇ effort shall be dealt with made to settle the dispute in the following manner:
Step 1 An 1: The employee(s), together with the Shop ▇▇▇▇▇▇▇, shall meet to discuss and attempt to resolve the issue with the employee’s staff (non bargaining unit) supervisor within sixty (60) days of the date of the incident causing the employee’s concern or the date the employee having a complaint or grievance first became aware of the incident. The supervisor shall refer it attempt to her immediate Supervisor in writing resolve the issue within five (5) working days of this meeting.
Step 2: Should the actual occurrence giving rise to employee(s) still feel aggrieved after the completion of Step 1, the Union may submit a written grievance outlining particulars of the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requestedredress sought. The Supervisor In an attempt to resolve the dispute, a meeting shall reply to be held with the employee, giving Department Director or designate and the answer to the complaint or grievance in writing Union within five (5) working days from of receipt of the date it was submittedwritten grievance. The employee(s) may be present at this meeting. The Director or designate shall render the Employer’s written decision to the Union within seven (7) working days after the meeting.
Step 2 If 3: Failing satisfactory settlement being reached after completion of Step 2, the Union will notify the Employer in writing of their intention to further action is then to the grievance. A meeting of the Employer’s Committee and Union shall be taken, then held within five (5) working days after the receipt of such notice. The Employer’s representative shall render a written decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee Union within five seven (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (57) working days following after the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing 4: Failing satisfactory settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following of the meeting under completion of Step 3, either party to this Agreement may refer the dispute to Arbitration.
(g) Where a dispute involving a question of general application or interpretation occurs, Steps 1 and 2 of this Article may be bypassed.
(h) Replies to written grievances shall be in writing at all stages.
(i) The Employer shall supply the necessary facilities for the grievance proceduremeetings.
(j) Where the Employer alleges that the Union is in violation of any provision of the Agreement, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have Employer may file a grievance to the Secretary-Treasurer of a similar naturethe Union within thirty (30) days. The parties shall, then it if requested, meet to discuss the matter within ten (10) days. Failing satisfactory settlement being reached, the matter may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedurereferred to arbitration in accordance with Article 19.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 13.01 The parties agree that grievances shall be adjusted as quickly as possiblepurpose of this Article is to establish a procedure for the settlement of grievances. It A grievance is understood that any complaint, dispute, or controversy between an employee has no grievance until or the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to Union and the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute Company relating to the interpretation, application application, administration or alleged violation of this Agreement, or relating Agreement and any question as to any terms or conditions of employment whether a matter is arbitrable.
13.02 The grievance procedure shall be dealt with in the following manneras follows:
Step 1 An employee having a complaint or grievance shall refer it to her will first discuss his complaints with his immediate Supervisor or Designate Supervisor, and if not satisfactorily resolved, the employee's complaints relating to the interpretation, application, administration or alleged violation of this Agreement shall be reduced to writing by the employee and his committeeperson on the form provided for this purpose setting forth the Agreement provisions which it is claimed were violated and the relief requested, and submitted to the employee's immediate Supervisor within three (3) working days after the occurrence of the facts giving rise to the grievance. The employee will be represented by their committeeperson at any meeting with the Supervisor. Within three (3) working days after the written grievance is submitted the Supervisor shall deliver their written decision to the committeeperson.
Step 2 If the grievance is not resolved in Step 1 then a written notice of appeal on the form provided shall be delivered by the committeeperson to the Plant Manager or his designate within five (5) working days of delivery of the Supervisor's written decision. A meeting will take place within two (2) working days of delivery of the notice with the employee, committeeperson, chairperson and the Company. The Union National Representative and/or President of the Local may be in attendance at this meeting. The Company will render its decision in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievancemeeting. The above-mentioned grievance will clearly state procedure shall apply to "group grievances" and "Union and Company policy grievances". If the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance is not resolved in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken2, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request demand arbitration pursuant to paragraph 14.00 of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meetingthis Agreement.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of 13.03 If any grievance under the foregoing proceduresinvolves more than three (3) employees, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of committeeperson will present the grievance procedure, to the grievance shall be deemed to have been settled and Supervisor by completing the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance form provided for grievances at Step 1 of and delivering it to the grievance procedure and throughout the grievance procedureSupervisor.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 13.04 Any of the time limits limitation specified in the grievance and arbitration procedure paragraphs may be extended by the written consent mutual agreement of the partiesparties set forth in writing only. Any complaint or grievance not filed or not appealed to the next step within the time permitted by this Agreement shall be considered settled on the basis of the last decision and shall not be subject to further consideration. If the Company fails to respond within the time limits, the grievance will advance to the next step.
7:05 When a grievance is submitted in writing by either 13.05 The Union shall have the Employer, right to have the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any Chairperson and the remedies soughtCommitteeperson involved at grievance hearings. The grievance hearings will be scheduled, when necessary, every second Thursday at 10:00 a.m. The Union will provide a list of grievances they wish to discuss in advance. These meetings shall be in addition to the meetings referred to in the grievance procedure above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties Company and the Union agree that the Grievance Procedure contained herein is adequate to provide a fair and final determination of all grievances arising under the terms of this Agreement; that this procedure shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity used to adjust their complaint. The supervisor any such complaints or grievances; and that both parties shall have two expedite such settlement.
Step 1 Any employee who believes that he/she has a justifiable complaint shall within thirty (230) days to reply to of the complaintincident discuss the complaint with his/her Supervisor, if with or without the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days Grievance Committee-person being present, as the employee may proceed elect, in an attempt to settle same. However, any such employee may instead, if he/she desires, report the matter directly to his/her Committee-person, if he/she believes the request or complaint merits discussion, shall take it up with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate employee’s Supervisor in writing within five (5) working days of a sincere effort to resolve the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requestedproblem. The Supervisor shall reply have authority to settle the complaint. The Grievance Committee-person shall have authority to settle, withdraw, or refer the complaint as provided below. The settlement of a complaint in Step 1 shall be without prejudice to the employeeposition of either party and will not set a precedent in any other grievance, giving the answer to past, present or future. If the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given not settled in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the Grievance Committee-person can refer it to Step 2 by completing a written grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee form within five three (53) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative days of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meetingSupervisor’s oral response.
Step 3 Should 2 In order to be considered further, a grievance shall be filed by the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under Union with the foregoing proceduresHuman Resources Manager, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days of receipt of the written grievance, by proper notation on such written grievance. The second step meeting shall include the grievant and three other Union representatives of the Union’s choice. The Company will be represented by the Human Resources Manager or his/her representative and any additional members of supervision who are required to obtain a full disclosure of the facts. Either party may call additional witnesses who are employees of the Company and their attendance shall be limited to the time required for their testimony. Grievances discussed at Step 2 shall be answered by the Human Resources Manager, which shall be given to the Grievance Committee within fifteen (15) days after the date of the Step 2 meeting unless a different date is mutually agreed upon. The Human Resources Manager shall have the authority to settle any grievance before him/her. The Chairperson of the Grievance Committee shall have authority to settle, withdraw, or recommend for appeal to Step 3 of the Grievance Procedure, any grievance before the Grievance Committee. Step 3 In order for a grievance to be considered further, written notice of appeal shall be served to the Human Resources Manager, within fifteen (15) days after receipt of the Step 2 answer, by the representative of the International Union. Discussion of the appealed grievance shall take place at the earliest date of mutual convenience following receipt of the notice of appeal, but not later than thirty (30) days thereafter unless either party shall request in writing, with reasons therefore, that the meeting under Step 2 take place at a later date. Grievances discussed in such meeting shall be answered, in writing, by the Human Resource Manager or his/her designee within fifteen (15) days after the date of such meeting unless by mutual agreement a different date for disposition is agreed upon. Such written answer shall contain a concise summary of each representative’s contractual analysis of the grievance procedureissues presented by the grievance; the Company’s answer, and shall form a part of the written grievance. The Human Resources Manager or his/her designee of the Company shall have authority to settle the grievance. The designated representative of the International Union shall have authority to settle, withdraw, or appeal the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 Arbitration. The designated representative of the grievance procedure and throughout International Union may by written notice served on the designated representative of the Company within thirty (30) days from receipt of the Company’s Step 3 response, appeal the grievance procedureto Arbitration.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement (Synalloy Corp), Collective Bargaining Agreement (Synalloy Corp)
GRIEVANCE PROCEDURE. 7:01 The 8.01 It is the mutual desire of the parties agree hereto that grievances complaints of employees shall be adjusted as quickly as possible.
8.02 Complaints or grievances properly arising under this Agreement shall be adjusted and settled as follows: Step No. It is understood that 1 If an employee has no grievance until any complaints or questions which he wishes to discuss with the Company, he shall take the matter up with his Department Head, unless the employee has given their supervisor feels uncomfortable dealing directly with the Department Head in which case he may discuss the matter with another member of management other than those designated in the grievance procedure and may be accompanied by his shop ▇▇▇▇▇▇▇ if he requests such assistance. No complaint shall be considered where the circumstances giving rise to it occurred or originated more than five (5) full working days. However, where an opportunity employee’s complaint is of such a nature that the employee concerned could not have been aware of the alleged occurrence at the actual date of same, the complaint shall be deemed, for all purposes, to adjust their complainthave occurred on the first date on which the employee could reasonably have had such awareness. Any settlement reached at this stage of the grievance procedure shall not adversely affect any rights or benefits of any other bargaining unit employee(s) and shall be on a without prejudice basis. If such complaint is not settled to the satisfaction of the employee concerned within twenty-four (24) hours, or within any longer period which may be mutually agreed at the time, then the following formal steps of the grievance procedure may be invoked in order. Step No. 2 Failing settlement at Step 1 or failing receipt of a response within the time limits prescribed therein, any employee having a grievance or any one employee who is designated as a member of a group of employees having a grievance shall then take the grievance up with the Local Union. The supervisor Local Union shall reduce the grievance to writing and present same to the Director of Human Resources Services or his/her designate within five (5) days after receiving the reply at Step 1 or within five (5) days of the date on which the reply at Step 1 should have been received. The grievance shall contain the names of all the employees who have the same grievance. The Director of Human Resources Services or his designate shall deal with the grievance and provide his answer to the Local Union Office in writing within two (2) days to reply to after he received the complaint, if grievance. If the reply matter is unsatisfactory not settled at Step 2 or if the supervisor fails to reply failing receipt of a response within the two (2) days time limits prescribed therein the employee may proceed Local Union representative shall take up the grievance with the steps of the grievance procedure. Any grievance Hotel’s General Manager or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing his designated representative within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Local Union receives the answer from Step 1, 2 or the employee, who may request date the assistance of her Committeeperson, shall submit answer from Step 2 was due to be received. If the grievance in writing is not settled within a further period of forty-eight (48) hours after it has been presented to the Administrator. A meeting will General Manager or his designated representative, then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail party to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresthis Agreement, the grievance may be referred to arbitration, but the referral to arbitration by either the Employer or the Union. If no written request for arbitration is received must be made in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or writing within ten (10) working days following after the meeting under Step 2 period of the grievance procedure, the grievance shall be deemed forty-eight hours referred to have been settled and the same grievance shall not be the subject matter of a further grievanceabove has expired.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure 8.03 All time limits contained herein and throughout the grievance procedure.
7:03 For the purpose of the grievance in Article 9 and arbitration procedure, working days Article 11 shall exclude Saturdays, Sundays and paid declared holidays.
7:04 Any of . The parties are agreed that the time limits in the grievance and arbitration procedure outlined herein may be extended by the written consent of the partiesmutual agreement in writing.
7:05 When 8.04 If a grievance is submitted in writing by either not processed within the Employertime limits set forth above, the Union or an employee it shall clearly set forth automatically proceed to the nature next step of the grievance, the article(s) violated if any and the remedies soughtgrievance procedure.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree 25.01 Parties to this agreement believe that grievances shall be adjusted it is important to adjust complaints and grievances, as quickly as possible. It is understood that an employee has no grievance until Notwithstanding any provision contained in this article, any nurse and/or the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two Association may present a complaint of general application within fifteen (215) days to reply to from date of occurrence, without recourse of the complaintformal written procedures herein described.
25.02 A nurse may lodge a complaint or grievance, if she feels that the reply is unsatisfactory or if the supervisor fails Employer has acted contrary to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating this agreement, in regards to the its interpretation, application application, administration, or alleged violation or if she has been unfairly disciplined or discriminated against.
25.03 In all steps of this Agreementgrievance and complaint procedure, an aggrieved nurse, if desired, may be accompanied or relating represented by her committee member or nurse representative.
25.04 The following procedures shall apply for handling complaints and grievances: Prior to any terms or conditions advancing a grievance, the nurse shall attempt verbally to settle the issue with the Director of employment shall Care and should the issue not be dealt with resolved, the nurse may proceed in the following manner:.
Step 1 An employee having A nurse shall ▇▇▇▇▇ a written complaint or with the Director of Care not later than seven (7) working days following the occurrence of the event giving rise to the complaint. The Director of Care shall give her written reply within five working (5) days of the receipt of the written complaint and, if the decision is unsatisfactory to the complainant, Step 2 may be followed within a further seven (7) working days.
Step 2 Failing a satisfactory settlement under Step 1, the grievance shall refer it be reduced to her immediate Supervisor in writing within writing, dated and signed, and shall be presented to the Administrator of Rideaucrest Home For The Aged. Within five (5) working days after a grievance has been referred to her/him, the Administrator or her/his designated representative will meet with the Chair of the actual occurrence giving rise Grievance Committee to discuss the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requestedEither party may have representatives or consultants attend this meeting. The Supervisor shall A written reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to will be taken, then given within five (5) working days after the decision this meeting is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing held. If such reply is not satisfactory to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresnurse, the grievance may be referred to arbitration by either the Employer or Director of Human Resources at Step 3. Failing a satisfactory settlement under Step 2, the Uniongrievance shall be presented to the Director of Human Resources. If no written request for arbitration is received in accordance with Section 8:01 within five Within ten (510) working days after a grievance has been referred to her/him, the decision under Step 2 is Director or her/his designated representative will meet with the Association Committee to discuss the grievance. Either party may have representatives or consultants attend this meeting. A written reply to the grievance will be given or within ten (10) working days following after this meeting is held. If such reply is not satisfactory to the meeting under Step 2 of the grievance procedurenurse, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedurereferred to an Arbitration Board, or, upon mutual agreement, a single arbitrator.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 12.01 The parties agree Company agrees that grievances the employees shall elect from themselves a Union ▇▇▇▇▇▇▇ at a meeting duly called by the Union.
12.02 Should an employee have a complaint, he shall discuss this with his Union ▇▇▇▇▇▇▇ who will proceed to take the matter up with the Company or its chosen Representative. The Union ▇▇▇▇▇▇▇ may request the presence of the Union Representative as such a meeting.
12.03 The Company shall be adjusted as quickly as possible. It is understood that an employee under no obligation to consider or process any complaint unless such complaint has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply been presented to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor Company in writing within five (5) working days of from the actual occurrence giving rise to time the circumstances upon which the complaint is based, were known or grievanceshould have been known by the complaining employee. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the Any complaint or grievance not put in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance time limit shall be deemed to have been settled be abandoned.
12.04 Should the Union and the same grievance Representative of the Company fail to arrive at a satisfactory settlement within three (3) working days, or any other time mutually agreed upon, the matter shall not then be the subject matter of a further grievancereferred to Arbitration as herein with provided for.
7:02 Should two 12.05 Any complaints which the Company may have as to the carrying out of this Agreement or more employees have as to the conduct or work of any employee, shall be made to the Union ▇▇▇▇▇▇▇. The Union ▇▇▇▇▇▇▇ shall immediately deal with the said complaint and if necessary, he shall bring it to the representative of the Union. In addition, the Company, on behalf of its members, has the right to bring complaints to the Union.
12.06 All complaints by the Union against the Company shall be communicated to the Company by the Union ▇▇▇▇▇▇▇ or the Union Representative and it shall be dealt with immediately at a meeting between the Union ▇▇▇▇▇▇▇, the Union representative and a representative of the Company.
12.07 In the event of failure to agree, both parties will refer the dispute to a meeting between the Union and the Company who will endeavour, within three (3) working days, or any other time mutually agreed upon, to settle the dispute, and failing the satisfactory settlement the matter shall be referred to Arbitration as herein provided for.
12.08 No grievance of a similar natureby any employee shall be considered, then it which has originated seven (7) working days prior to its presentation.
12.09 No matter may be processed as one grievance at Step 1 submitted to arbitration, which has not been properly carried through all requisite steps of the grievance procedure within the time order and throughout the grievance procedure.
7:03 For the purpose of steps specified. Any and all time limits referred to under the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays procedures herein are mandatory and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended only by mutual agreement between the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any Company and the remedies soughtUnion.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree Association may submit a grievance on behalf of a member or members or withdraw a grievance that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedurebeen submitted. Any grievance of an employee or dispute relating to group of employees that arises during the interpretation, application or alleged violation term of this Agreement, or relating to any terms or conditions of employment shall the Agreement will be dealt with in the following mannerhandled as follows:
Step 1 An 1: If the matter remains unsettled after the informal step, or if it is more appropriate to file a grievance, the employee having and/or Association representative may submit a complaint written grievance to the next-level supervisor or grievance shall refer it to her immediate Supervisor in writing designated representative within five twenty (520) working days of the actual occurrence giving rise to date the complaint grievant or grievancethe Association knows or should have known of the alleged occurrence. The written grievance will clearly state cite the name(sappropriate article(s) of the grievor(s)and section(s) believed to have been violated, the article(s) violated, if anyremedy sought, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittedany other relevant written information.
Step 2 2: If further action is then to be taken, then within five the matter remains unsettled ten (510) working days after the decision is given completion of the procedures in Step 1, the employee, who employee and/or Association representative may request the assistance of her Committeeperson, shall submit the grievance in writing to the AdministratorDirector of Human Resources or designee. A meeting will then be held between the Administrator The Director of Human Resources or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated and/or Association representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or will meet within ten (10) working days following in an attempt to settle the meeting under grievance, dispute or complaint.
Step 2 of the grievance procedure3: If no agreement is reached within ten (10) days after Step 2, the grievance shall be deemed employee and/or the Association representative may file a written request for a meeting with the College president or the president’s designated representative in an attempt to have been settled and settle the same grievance shall not be the subject matter of a further grievance.
7:02 Should two Step 4: If no agreement is reached after the meeting with the College President or more employees have a the President’s designated representative pursuant to Step 3, and the Association intends to pursue the grievance of a similar naturefurther, then it may be processed as one grievance the Association must notify the Human Resources office in writing and within twenty (20) days after the president has issued his or her decision at Step 1 3 of its intent to submit the grievance procedure and throughout the grievance procedureto a mutually chosen third party arbitrator for resolution.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree I.1 Should a dispute arise between the Employer and an Employee, or the Union, regarding the interpretation, meaning, operation, or application of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that grievances this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall be adjusted made to settle the dispute in the manner as described in this Article.
I.2 It is the mutual desire of the parties that the complaints of Employees shall be resolved as quickly as possible. It is understood that an employee Employee has no grievance until he/she has first given his/her appropriate Supervisor the employee has given their supervisor an opportunity to adjust their of resolving his/her complaint. The supervisor Employee may request the assistance of a Union representative. If an Employee has a complaint he/she shall have two discuss it with his/her appropriate Supervisor within twenty (220) working days to reply after the day on which the circumstances giving rise to the complaintcomplaint occurred or ought to have reasonably come to the attention of the Employee. The Supervisor shall give his/her response to this complainant within seven (7) working days following this discussion.
I.3 In the event that the Supervisor is the Manager of the function/location, if the grievance may proceed to Step 2 with the agreement of the parties.
I.4 If the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating Supervisor is not satisfactory to the interpretationEmployee concerned, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall then it may be dealt with in the following manner:
Step 1 An employee having taken up as a complaint or grievance shall refer it to her immediate Supervisor in writing within five seven (57) working days of the actual occurrence response of the Supervisor and referred to the Manager of the appropriate function/location or designate. The grievance shall be in writing and shall include the circumstances giving rise to the complaint grievance, the remedy sought, and should include the provisions of the Agreement generally to be relied upon, and shall be dated and signed by the Employee and/or Union representative. The Manager of the appropriate function/location or designate, will hold a meeting with the grievor and up to two (2) Union representatives within ten (10) working days of receipt of the grievance. The grievance will clearly state the name(s) Manager of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint appropriate function/location or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who designate may request the assistance attendance at the meeting of any other person(s). The Manager of the appropriate function/location or designate shall give his/her Committeeperson, shall submit response to the grievance Union in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 meeting.
I.5 Failing satisfactory resolution of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer1, the Union or an employee it shall clearly set forth may refer the nature grievance to the appropriate designated management representative within seven (7) working days of the grievancewritten response of the Manager of the appropriate function/location or designate. The appropriate designated management representative or designate, the article(swill hold a meeting with up to two (2) violated if any and the remedies sought.Union representatives within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree College and the Union recognize that grievances shall be adjusted may arise concerning:
(a) differences between the Parties respecting the interpretation, application, operation, or any alleged violation of a provision of this Agreement, including a question as quickly as possible. It to whether or not a matter is understood that subject to arbitration; or
(b) the dismissal, discipline, or suspension of an employee has no bound by this Agreement. An employee who wishes to present a grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps at Step 1 of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint manner prescribed in Clause 21.3, must do so no later than thirty (30) days after the date on which he/she was notified orally or grievance shall refer it to her immediate Supervisor in writing within five (5) working days writing, of the actual occurrence action or circumstances giving rise to the complaint grievance, or on which he/she first became aware of the action or circumstances giving rise to the grievance. The grievance will clearly state In the name(s) case of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the a dispute arising from an employee, giving the answer to the complaint 's dismissal or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduressuspension, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under commence at Step 2 is given of the grievance procedure within thirty (30) days of the employee receiving notice of dismissal or within ten (10) working days following the meeting under suspension.
21.3 Step 1 Before a written grievance can be submitted at Step 2 of the grievance procedure, the grievance every effort shall be deemed made to have been settled and settle the same grievance shall not be the subject matter of a further grievancedispute at Step 1.
7:02 Should two or more employees have (a) The aggrieved employee shall request a grievance of a similar nature, then it may be processed as one grievance at discussion with the administrator and shall specify that this is Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the a grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance. The employee has the right to have a Union representative present at such a meeting.
(b) The administrator will have seven (7) days to investigate the matter and respond.
21.4 Step 2 An employee who wishes to pursue a grievance at Step 2 must do so within fourteen (14) days of having received the response from Step 1. The grievance will be submitted on the appropriate form setting out the nature of the grievance and the circumstances from which it arose, and the remedy sought. The grievance will then be reviewed by a committee of two representatives of the Union, one of whom will be the staff representative or designate and the other designated by the staff representative, and two representatives of the College, one of whom shall be the President or designate. The Committee must meet to review the grievance within fourteen (14) days of its receipt. The College will respond in writing following the committee's review. If there is no resolution within thirty (30) days from the date of the first committee review meeting, the article(s) violated if any and the remedies soughtmatter may be referred to arbitration.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 (a) The parties agree that it is desirable that grievances shall should be adjusted resolved as quickly as possible. It Shop stewards or employees are therefore urged to try to file their grievances with the Department Head within five (5) days from the date of the incident.
(b) The Company is understood that willing to meet any of its employees, or their representatives, for the purpose of discussing grievances, with the object of reaching a satisfactory solution. The parties agree to have a regard for the efficiency of the operation in scheduling these meetings both in their frequency and length.
(c) If an employee has no alleged violation of this Agreement affects more than one employee; affects the interests of the Union as a party to the Agreement, the employees or the Union may sign and file the grievance until specifying the alleged violation of the Agreement. Such grievances shall be presented at Step 2.
(d) Should a dispute arise between the Company and the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to or employees regarding the complaintapplication, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretationoperation, application interpretation or alleged violation of this Agreement, or relating to any terms or conditions of employment an ▇▇▇▇▇▇▇ effort shall be dealt with made to settle the dispute in the following manner:
Step 1 An 1— The employee having a complaint or grievance employees concerned, in person, with their Shop ▇▇▇▇▇▇▇ in attendance, shall refer it first seek to her immediate Supervisor in writing within five (5) working days of settle the actual occurrence giving rise to dispute with the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittedDepartment Head.
Step 2 If further action is then to be taken, then 2— Failing a satisfactory settlement within five seventy-two (572) working days hours after the decision dispute is given in submitted under Step 1, the employee, who accompanied by his/her ▇▇▇▇▇▇▇ may request the assistance of her Committeeperson, shall submit present the grievance in writing to the AdministratorPresident or Publisher. A meeting will then be held between The President or Publisher must meet with the Administrator or her designated representative and the employee Union within five seven (57) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative days of the Union may also be present at the request of either the employee meeting being requested or the Employeras soon thereafter as is reasonable. The decision of the Administrator President or her designated representative shall be given Publisher must reply in writing within five a further seven (57) working days following after the meeting.
Step 3 (e) Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer parties shall mutually agree on an arbitrator. Failing to agree on an arbitrator, the Minister of Labour shall appoint one. The parties agree that the grieving party shall refer the grievance to arbitration within thirty (30) days following receipt of the written reply from the President or Publisher, as outlined in Step 2, or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five grievance shall be deemed to be abandoned.
(5f) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Discharge grievances may be initiated at Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more (g) The parties agree that the Company has the right to discipline and discharge employees have for just and reasonable cause.
(h) Formal discipline including all reprimands will be in writing with the employee receiving a copy of the discipline.
(i) All forms of discipline are subject to grievance of a similar nature, then it may be processed as one grievance procedure with discharge grievances being initiated at Step 1 of the grievance procedure and throughout the grievance procedure2.
7:03 For (j) Notwithstanding the purpose of the grievance and arbitration procedureabove, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written mutual consent of the parties.
7:05 When . The parties further agree that a grievance is submitted in writing by either may proceed to Expedited Arbitration under the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies soughtLabour Code.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall Failing settlement of the complaint it may be adjusted taken up as quickly as possible. It is a grievance in the following manner, it being understood that an employee has no grievance until she has first given her manager the employee has given their supervisor an opportunity to adjust their complaintof adjusting her complaint in accordance with Article 9.03 above. The supervisor Association President shall have two (2) days an option to reply seek legal advice or opinion before proceeding to the complaintnext step of the Grievance Procedure. If the Association gives notice to HOOPP of its intention to seek advice, if the reply time limits in this Article and in Article 10 shall automatically be suspended. HOOPP may thereafter give notice to the Association, in writing, that it wishes to reactivate the time limits in this Article or Article 10 as the case may be. The Association shall then have seven (7) business days (or such longer period as may be agreed between the parties) from receipt of that notice to notify HOOPP whether or not it (and/or any affected employee) is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed proceeding with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
next step. Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five #1: Within seven (57) working business days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)decision received in Article 9.03, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, employee shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative immediate manager and the employee within five (5) working daysnext level of management. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have receive the assistance of her CommitteepersonAssociation ▇▇▇▇▇▇▇ in submitting and discussing the grievance. It is further understood that the grievance shall specify the nature of the grievance and, where possible, the article or articles of the Agreement allegedly violated and the Chairperson or a Union Representative remedy sought. The next level of supervision shall provide her decision in writing within seven (7) business days of receipt of the Union grievance. Failing settlement then; Step #2: Within seven (7) business days following the decision under Step #1, the Association may also submit the grievance to the Director of Human Resources. A meeting will be present held within seven (7) business days of receipt of the written record and shall include the grievor, her HOOPP ▇▇▇▇▇▇▇, management representative(s) and a chairperson from Human Resources who has not otherwise been involved in any previous attempts to negotiate or settle the grievance. A member of the Association Executive and a representative of management shall be entitled to attend this meeting at the request of either the employee or the Employer. The party and a decision of the Administrator or her designated representative shall be given in writing provided by the chairperson within five seven (57) working business days following the of this meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, . If the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then otherwise resolved it may be processed submitted to arbitration as one grievance at Step 1 of the grievance procedure and throughout the grievance procedurehereinafter provided.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 Step 1 Any employee having a complaint, or a group of employees having a complaint, shall first take the matter up with his Supervisor, Department Manager or in accordance with Article 7.
Step 2 Failing settlement of the problem at Step 1, the employee or the group of employees, within four (4) working days of the Step 1 meeting, shall submit the complaint as a written grievance to the Supervisor, Department Manager or in accordance with Article 7.2.5. The parties agree that grievances Supervisor or Manager’s written decision shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have rendered within two (2) working days of receipt of the written grievance.
Step 3 If the matter is not adjusted at Step 2, the ▇▇▇▇▇▇▇ shall contact the Department Head within four (4) working days to reply arrange a meeting with him at a mutually satisfactory time to discuss the complaint, if the reply is unsatisfactory or if the supervisor fails to reply grievance. The Department Head shall render a written decision within the two (2) working days of the employee meeting. In the case of the Department Manager and Head being the same person, the grievance may proceed with the steps of to Step 4.
Step 4 Failing satisfactory adjustment at Step 3, the grievance procedure. Any grievance or dispute relating shall be presented to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing President and Chief Executive Officer within five (5) working days who may hear the case personally or delegate his authority. At this and subsequent steps of the actual occurrence giving rise Grievance Procedure, Union representation will be limited to the complaint or grievancethree (3) employees. The grievance will clearly state grieving employee need not be present throughout the name(s) of the grievor(s)hearing, the article(s) violated, if any, and the corrective action requested. The Supervisor but he shall reply to the employee, giving the answer to the complaint or grievance be available in writing within five (5) working days from the date it was submitted.
Step 2 If further action case his presence is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administratorrequired. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following of the meetinghearing, or such other time as may be mutually agreed upon at the time of the hearing. At this and subsequent steps, the Union may be assisted by an International Representative of the International Brotherhood of Electrical Workers.
7.4.1 A policy grievance originating with the Union or Company will be submitted at Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 4 of the Grievance Procedure. It is expressly understood, however, that the provisions of this paragraph may not be used to institute a complaint or grievance proceduredirectly affecting an employee or employees, the grievance shall be deemed to have been settled which such employee or employees could himself or themselves institute and the same regular Grievance Procedure shall not thereby be bypassed. Failure of an individual employee to file a grievance shall not be the subject matter of a further grievanceconsidered precedent setting.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 1. A grievance shall mean a written complaint by a member of the bargaining unit that there has been an alleged violation, misinterpretation, or misapplication of working conditions, fringe benefits, or wages, specified in this Agreement.
2. The parties agree that purpose for this procedure is to secure, at the lowest possible administrative level, equitable solutions to grievances which may arise.
3. All grievance proceedings, but not necessarily the grievance itself, shall be adjusted kept confidential, and the proceedings shall be informal, as quickly as possibleis mutually agreeable. It is understood that an employee has no grievance until Records shall be kept by all parties to the employee has given their supervisor an opportunity to adjust their complaintgrievance. The supervisor shall have two (2) number of days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment indicated in each step listed below shall be dealt with considered the maximum allowable to all parties, and every effort shall be made to expedite the proceedings. Time restrictions herein may be extended by mutual agreement. The employee(s) and the employer agree to follow the procedures outlined in the following mannersteps:
Step 1 An employee having a complaint 1. Any claim shall first be presented orally to the most immediate supervisor (▇▇▇▇▇▇▇ or grievance shall refer it to her immediate Supervisor in writing principal, whichever is applicable), within five (5) working days of the actual occurrence giving rise to the complaint event, or grievance. The grievance will clearly state the name(sfive (5) working days of the grievor(s), the article(s) violated, if any, and the corrective action requestedemployee’s knowledge of event. The Supervisor shall reply of Custodians will respond to the employee, giving the answer to the complaint or oral grievance in writing within five (5) working days from notice of the date it was submittedoral grievance.
Step 2 2. Failing to reach a satisfactory agreement, the employee shall discuss the grievance with the Chief ▇▇▇▇▇▇▇ or his/her designated representative. The Chief ▇▇▇▇▇▇▇ may designate an assistant ▇▇▇▇▇▇▇ for each shift to handle grievances in his/her absence. If further action is then to the Chief ▇▇▇▇▇▇▇ has a grievance, the Business Agent may represent him/her.
Step 3. If a satisfactory resolution of the claim cannot be takenreached orally through the Chief ▇▇▇▇▇▇▇, then a formal written grievance shall be presented by the Chief ▇▇▇▇▇▇▇ or his/her designate to the Director of Buildings and Grounds within ten (10) working days of the oral discussion. The formal grievance and the administrator's reply shall be in writing in duplicate (2) on the forms provided. In stating his/her grievance the employee must specify the Article and Section of this Agreement which was allegedly violated, and give pertinent evidence in support of his/her grievance.
Step 4. All copies of the grievance must be signed by the employee. The Director of Buildings and Grounds shall certify with his/her signature the date and hour of receipt of the grievance. This certification shall be witnessed by the Chief ▇▇▇▇▇▇▇, or his/her designate.
Step 5. The Director of Buildings and Grounds shall within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of receipt of grievance present his/her Committeeperson, shall submit the grievance in writing reply to the AdministratorChief ▇▇▇▇▇▇▇ or his/her designate. A meeting will then The Chief ▇▇▇▇▇▇▇ shall certify with his/her signature the date and hour of receipt of the reply. This certification shall be held between witnessed by the Administrator or her designated representative Director of Buildings and the employee within Grounds.
Step 6. The grievance shall be regarded as settled and closed five (5) working days. It is understood that at such a meeting days after receipt of the Administrator or her designated representative may have such counsel reply from the Director of Buildings and assistance as she may desire and that Grounds, providing the employee may have her Committeeperson, has not signed and presented to the Chairperson or a Union Representative Director of Human Resources the form for appeal.
4. If the employee wishes to appeal the reply of the Union may also be present at the request Director of either the employee or the Employer. The decision of the Administrator or her designated representative Buildings and Grounds, he/she shall be given in writing within five (5) working days request a meeting with the Director of Human Resources. The Director of Human Resources or his/her representative will then schedule a meeting with the claimant, Chief ▇▇▇▇▇▇▇, and/or Business Agent, and/or Union President, and other District representatives so designated by the Director of Human Resources at a time convenient to all parties. The decision of the Director of Human Resources shall be sent to the Chief ▇▇▇▇▇▇▇ within five (5) days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union5. If no written the union wishes to appeal the decision of the Director of Human Resources, he/she must request for arbitration is received in accordance with Section 8:01 within five (5) working days after of receipt of the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, Director of Human Resources that the grievance shall be deemed referred through the Superintendent of Schools to have been settled and the same grievance shall not be the subject matter of a further grievancebinding arbitration.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 17.1 The parties to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. It is understood that an employee has no grievance until Every effort will be made to settle disputes during the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps early stage of the grievance Grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative reasonable amount of time may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances.
17.2 The Grievance Procedure shall apply equally to grievance lodged by a group of employees and be processed as an individual grievance.
17.3 An employee who believes that he/she has been or is being unjustly dealt with, or that any provision of the Collective Agreement have not been complied with shall within (5) calendar days of the alleged non-compliance, meet with his/her supervisor (and with his/her Union Representative, if he/she so desires) to discuss his/her concerns. Only after meeting with his/her supervisor, and if the matter is not settled satisfactorily, may also the employee proceed with a grievance at Step One. The following steps in the Grievance procedure shall apply: : The grievance shall be present in writing. The Local President or his/her designate (i) shall submit the grievance to the Director, Human Resources (or the Company’s designate) and (ii) shall meet with the employee’s direct manager and the Director, Human Resources (or his/her designate) within ten (10) calendar days from the date the grievance was submitted. The Director, Human Resources (or the Company’s designate) shall respond to the grievance in writing within ten (10) calendar days after the meeting. Within ten (10) calendar days of receipt of the response under Step One, the Local President or his/her designate may appeal the case to the Chief Operating Officer and/or designated Management employee of the Company and the Director, Human Resources or his/her designate. The Chief Operating Officer and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered by the Company within fifteen (15) calendar days of the meeting. Should the Union disagree with the decision stated in Step Two, the Union may, within sixty (60) days, advise the Chief Operating Officer and/or designated Management employee of the Company by letter of the Union’s intention to refer the grievance to arbitration in the manner prescribed in Article 17. The Chief Operating Officer and/or designated Management employee upon receipt of the letter will respond within ten (10) calendar days if he/she decides to change the decision rendered in the particular case.
17.4 All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing.
17.5 In cases when an employee is investigated as a result of an alleged misdemeanour, the Director of the related department or their designated representative and/or the Director, Human Resources (or the Company’s designate) will investigate the incident with all related parties prior to the issuance of a formal document.
17.6 An employee who had completed his/her probationary period will not be disciplined in excess of a written reprimand without a proper hearing.
17.7 Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on his/her record.
17.8 Any formal entry which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one
(1) year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local President or his/her designate at the request of either time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file.
17.9 Any discipline assessed will be imposed without delay. No employee shall be disciplined on his or her day(s) off unless termination is contemplated.
17.10 In case of discipline involving potential suspension the Director, Human Resources (or the EmployerCompany’s designate) shall meet with the Local President or his/her designate, the employee and his/her Supervisor, to discuss the offence in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local President or his/her designate will be provided with a copy. Unless the nature of the offence warrants it, the employee will not be held out of service pending discipline.
17.11 When the nature of the alleged offence is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against him/her for a period longer than three (3) working days, unless mutually extended by the Local President or his/her designate and the Company, without the holding of a hearing. The decision employee must be notified at least one (1) working day in advance of the Administrator such a hearing. The employee or his/her designated representative shall be given in writing a complete list of the charges against him/her and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence and/or available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support his/her case. The employee must also be represented by the local Union representation, and/or an accredited representative of Unifor. The Company will render its decision of the hearing in writing within five three (53) working calendar days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Unionthereafter. If no written request for arbitration the employee is received in accordance not satisfied with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduredecision, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar naturehe/she may process his/her case further, then it may be processed as one grievance commencing at Step 1 Two of the grievance procedure and throughout the grievance procedure.
7:03 For 17.12 Should the purpose employee be exonerated, he/she shall be paid at his/her regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offence.
17.13 The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure.
17.14 Where a grievance other than one based on a claim for unpaid wages is not progressed by Unifor within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure.
17.15 When a written grievance based on a claim for unpaid wages is not progressed by Unifor within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
17.16 The time limits as provided under this Article will apply equally to grievances originating with the Company and arbitration proceduremay be extended by mutual agreement in writing.
17.17 Where the term "calendar days" is used, working days shall exclude Saturdays, Sundays and paid holidaysholidays are excluded.
7:04 Any of the 17.18 Employees will be granted reasonable access to his or her discipline file at least once per year, at a mutually agreed upon time limits and in the grievance and arbitration procedure may be extended by the written consent presence of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies soughtrepresentative.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that 8.01 Should a dispute arise between the Company and an employee has no grievance until or the employee has given their supervisor Union as an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to entity regarding the interpretation, application application, operation or any alleged violation of this Agreement, or relating including any question as to whether any terms or conditions of employment matter is arbitrable, it shall be dealt with resolved in the following procedural manner:
Step 1 An (1) The employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to Union, together with such person or persons as he or the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who Union may request the assistance of her Committeepersonwish, shall submit take the grievance in writing to matter up with the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee service manager within five seven (57) working days. It is understood that at such STEP (2) Should a meeting solution not be reached by Step (1) then a Business Representative of the Administrator or her designated representative may have such counsel and assistance as she may desire and that Union, accompanied by the employee may have her Committeepersonif the employee or Business Representative so wish, shall discuss the matter with the General Manager or his designate. If a solution is reached, this shall be final.
8.02 If the procedure set forth in STEP (1) and STEP (2) above do not result in a solution being reached within seven (7) days of the Chairperson or first discussion between a Union Business Representative of the Union may also and a representative of the Company, or within such further period as the Company and the Union agree to in writing, the dispute shall be present at referred to Arbitration as follows:
8.03 Where either of the parties elect to proceed to arbitration they shall so notify the other and a single arbitrator, of mutual agreement, shall be agreed upon. If a single arbitrator is not agreed upon with seven (7) days the parties shall request the Minister of either Labour of the Province of British Columbia to appoint a qualified arbitrator. The arbitrator shall have the power to order, if he deems proper that any employee who has been wrongfully suspended, discharged or the Employer. in any way disciplined, shall be reinstated and under what conditions.
8.04 The decision of the Administrator or her designated representative arbitrator with respect of all matters referred to him shall be given in writing within five (5) working days following final and binding on the meetingparties.
Step 3 Should 8.05 Each party shall pay its own costs and fees and the Administrator fail expenses of its representatives and witnesses. The fees and expenses of the Arbitrator shall be shared equally between the parties.
8.06 In the event of an Arbitrator being appointed, it is agreed by both the Union and the Company, that the Arbitrator shall be requested to render her hand down his decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) days, or as soon thereafter as may conveniently be arranged.
8.07 The Company and the Union may mutually agree in writing to waive any of the time limits set out in this Article.
8.08 All time limits contained herein shall be considered working days following the meeting under Step 2 exclusive of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidaysGeneral Holidays.
7:04 Any 8.09 If the Company or the Union has a policy grievance it shall begin at STEP (2) of the time limits Grievance Procedure.
8.10 Any discharged or suspended employee may, within seventy-two (72) hours of his suspension or discharge, (exclusive of Saturdays, Sundays and General Holidays) in writing, require the Company to give him the reasons for his suspension or discharge and the Company shall give such reasons to him, in writing, within seventy-two (72) hours of such request and in the grievance and arbitration procedure may be extended by event of any dispute or difference as to whether or not there was proper cause for the written consent suspension or discharge of such an employee, only the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly reasons so set forth the nature of the grievancein writing, the article(s) violated if any and the remedies soughtshall constitute cause.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The 8.01 It is the mutual desire of the parties agree hereto that grievances complaints of employees shall be adjusted as quickly as possible. It possible and it is generally understood that an employee has no grievance until he has first given to his immediate Supervisor, or his designate, an opportunity of adjusting his complaint. For the purposes of this Article, “working days” shall be defined as Monday to Friday.
(a) If an employee has any complaint or questions which he wishes to discuss with the Company, he shall take the matter up with his immediate Supervisor, or his designate. The Company shall not be required to consider any grievance which is not presented within seven (7) working days after the grievor first became aware or ought to have become aware of the alleged violation of the Agreement.
(b) If such complaint or question is not settled to the satisfaction of the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two concerned within three (23) days to reply to full working day, then the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the following steps of the grievance procedure. Any procedure may be invoked in order;
8.03 A grievance or dispute relating to the interpretation, application or alleged violation of properly arising under this Agreement, or relating to any terms or conditions of employment Agreement shall be dealt with in the following manner:
Step adjusted and settled as follows: STEP NO. 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)If no satisfactory resolution is reached above, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision of the immediate Supervisor is given in Step 1, to the employee, the employee must, with a Union ▇▇▇▇▇▇▇, present his grievance, which shall be reduced to writing stating the specific article(s) and section(s) of this agreement allegedly violated on a form supplied by the Union, signed by the employee, to the Human Resources Manager, or his designate, who may request shall consider it in the assistance presence of her Committeepersonthe person or persons presenting same and the Human Resources Manager, or his designate, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The render his decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
presentation of the grievance to him. STEP NO. 2 Within six (6) working days after the decision is given at Step 3 Should No. 1, or the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedurestime limit has expired, whichever occurs first, the grievance may be referred to arbitration by either the Employer Vice President or his designate. A meeting shall be held between the UnionUnion Grievance Committee and the Company within twelve (12) working days. If no written request for arbitration is received in accordance with Section 8:01 At this meeting, a representative of the International Union and the Grievor may be present. The decision of the Vice-President or his designate shall be given within five seven (57) working days after the decision meeting referred to herein is held.
8.04 A policy grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of this Agreement shall be originated under Step 2 is given 2, and shall be submitted in writing, and shall provide the information as spelled out in Step 1 hereof. However, the provisions of this paragraph must not be used to institute any grievance directly affecting an employee which could have been instituted through the regular grievance procedure as the individual and policy grievance procedures are mutually exclusive. Any grievance by the Company or the Union as provided in this paragraph must be commenced within ten twelve (1012) working days following after the meeting under Step 2 Company or the Union became aware or ought to have become aware of the grievance procedure, circumstances giving rise to the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two 8.05 All decisions arrived at between the employer and the Union shall be final and binding upon the Company, the Union, and the employee or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedureconcerned.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time 8.06 Time limits in the grievance and arbitration procedure may only be extended by the mutual written consent of the partiesparties to this Agreement.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The 17.01 For purposes of the Collective Agreement, a grievance is defined as a difference arising between the parties agree relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that grievances a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement.
17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint, he shall discuss it with his immediate manager within five (5) days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The manager shall give his response to the complaint within five (5) days and, failing settlement, it may be then taken up as a grievance within five (5) days after being advised of the immediate manager's decision in the following manner and sequence: If the employee has given their supervisor an opportunity wishes, he may go directly to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps step 1 of the grievance procedureprocedure without following the process outlined above. Any If an employee decides to go directly to step 1 he must file his grievance or dispute relating under step 1 within five (5) days after the circumstances giving rise to the interpretationgrievance have occurred or ought to have reasonably come to the attention of the employee. The employee, application or alleged violation who may request the assistance of this Agreementhis ▇▇▇▇▇▇▇, or relating may present his grievance to any terms or conditions of employment his immediate manager. The grievance shall be dealt with in writing on a grievance form approved by the following manner:
Step 1 An employee having a complaint or Company and the Union. The grievance shall refer it be signed by the employee and shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to her have been violated. Failing settlement, the immediate Supervisor manager shall deliver his decision in writing within five (5) working days following the presentation of the actual occurrence giving rise grievance to the complaint or grievancehim. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within Failing Settlement: Within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision in which Step #1 is given in Step 1given, the employee, who may request the assistance of her Committeepersonthe ▇▇▇▇▇▇▇, may submit the grievance in writing to his Human Resources Manager or his designate who shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate manager and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step #2, the grievor, who may have the assistance of the Union ▇▇▇▇▇▇▇, may submit the grievance in writing to the AdministratorStore Manager or his designate. A meeting will then be held between the Administrator Store Manager or her designated representative his designate and the employee and the Union ▇▇▇▇▇▇▇. Such meeting shall be held within five (5) working daysdays of submission of the grievance at Step #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall be present at such a meeting at the Administrator or her designated representative request of either party and that the Company may also have such counsel and assistance as she it may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employerdesire. The decision of the Administrator Store Manager or her designated representative his designate shall be given delivered in writing within five (5) working days following the date of such meeting.
17.03 It is agreed that a policy grievance arising directly between the Company and the Union shall be originated under Step #3 Should and the Administrator fail time limits set out with respect to render her decision the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration.
17.04 A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as required a grievance if a written statement of such grievance is lodged with the Company at Step #3 of the grievance procedure within five (5) days after the date the discharge or suspension is effected. Such grievance may be settled under the grievance or arbitration procedure by:
(a) confirming the Company's action in Step 2 or failing dismissing the employee, or
(b) by any other arrangement which may be deemed just and equitable.
17.05 Failing settlement under the foregoing procedure of any grievance under between the foregoing proceduresparties arising from the interpretation, the grievance application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievances may be referred submitted to arbitration by either the Employer or the Unionas hereinafter provided. If no written request for arbitration is received in accordance with Section 8:01 within five thirty (530) working days after the decision under Step 2 #3 is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduregiven, the grievance shall be deemed to have been settled and abandoned.
17.06 Where no written answer has been given within the same time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration.
17.07 No adjustment effected under the grievance or arbitration procedure shall be made retroactive beyond five (5) days prior to the date that the grievance was formally discussed or presented to the Company except in the case of wages or other cash benefits issues, where the adjustment shall not be retroactive prior to the subject first occurrence of the issue but in any case not before 45 days prior to the date that the grievance was formally discussed or presented to the Company.
17.08 When either party requests that any matter may be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this agreement, and at the same time nominate an arbitrator. Within five (5) days thereafter the other party shall nominate an arbitrator; provided, however, that if such party fails to nominate an arbitrator as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two arbitrators so nominated shall attempt to select by agreement a further chairman of the arbitration board. If they are unable to agree upon such a chairman within a period of ten (10) days, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial chairman. If a chairman has not been agreed upon by the two arbitrators within thirty (30) calendar days of the appointment of the second arbitrator, or a request has not been made of the Ministry of Labour, the grievance shall be deemed to have been abandoned.
17.09 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it 17.10 No matter may be processed as one grievance at Step 1 submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure and throughout the grievance procedure.
7:03 For 17.11 The arbitration board shall not be authorized to make any decision inconsistent with the purpose provisions of this agreement, nor to alter, modify, add to or amend any part of this agreement nor to award interest.
17.12 The proceedings of the arbitration board will be expedited by the parties hereto and the decision of the majority and, where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.
17.13 Each of the parties hereto will bear the expense of the arbitrator appointed by it and the parties will share equally the expenses, if any, of the chairman of the arbitration board.
17.14 The parties acknowledge that the time limits set out in both the grievance and arbitration procedure, working days procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits result in the grievance and arbitration procedure may be extended by the written consent of the partiesbeing deemed to have been abandoned.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances 5.01 For the purpose of this Agreement, any dispute as to the meaning, application or interpretation of any of the provisions of this Agreement, including the discipline or discharge of employees covered by this Agreement, and any question as to whether a matter is arbitrable, shall be adjusted considered as quickly a grievance and handled as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaintset forth in this Article. The supervisor shall have two (2) days to reply to following procedure will be followed in the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the settlement of such disputes arising out of this Agreement:
Step 1 An employee may proceed with the steps of the grievance procedure. Any grievance or dispute who has a complaint relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment Agreement shall be dealt discuss his/her complaint with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to his/her immediate Supervisor in writing within five (5) working days of the actual occurrence time when the incident giving rise to the complaint became known or grievance. The grievance will clearly state ought reasonably to have become known to the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requestedemployee. The Supervisor shall reply will then have a maximum of two (2) days to respond in writing to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision of the Supervisor is given in Step 1, not acceptable to the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may then present a written grievance on the approved form to the District Manager who will then have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given two (2) days to respond in writing within five (5) working days following the meetingwriting.
Step 3 Should If the Administrator fail decision of the District Manager is not acceptable to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresGrievor, the grievance may be referred appealed in writing within two (2) days to arbitration by either the Vice President of Operations, after which a meeting will then take place with the designated representative of the Employer and an authorized Union Representative within a further two (2) days.
5.02 Grievance pertaining to the alleged violation of hours-of-work, rates-of- pay, overtime provisions, pay disciplinary matters must be submitted within thirty (30) days of such alleged violation occurring. The Employer will not be responsible for any financial liability beyond this thirty (30) day period.
5.03 Probationary employees shall be considered as being employed on a trial basis, and may be terminated where the employee is considered, in the judgement of the Employer, to be unsuitable. The termination of a probationary employee can be based on a lesser standard than that for a seniority employee, should generally be at the discretion of the Employer, and should only be modified where the Employer has no basis for its decision.
5.04 A claim by an employee that he/she has been discharged or suspended without just cause may be treated as a grievance which shall commence at the Union. If no written request for arbitration is received in accordance with Section 8:01 third (3rd) step of the Grievance Procedure within five three (53) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 discharge or suspension.
5.05 The time limits set forth at the various steps of the Grievance and Arbitration Procedure may only be extended by mutual consent in writing, signed by both parties.
5.06 No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure.
5.07 Any grievance procedurenot presented and/or carried forward within the time limits as set forth under any steps of the Grievance and Arbitration Procedure, the grievance or any longer periods which may have been mutually agreed upon as set out above, shall be deemed null and void, and settled on the basis of the last Employer response.
5.08 A grievance which has not been disposed or pursuant to have been settled and the same grievance Grievance Procedure provisions of this Article shall not again be made the subject matter of a further grievance.
7:02 Should two 5.09 An employee who has been discharged shall have the right to interview the ▇▇▇▇▇▇▇ in a suitable place for a reasonable period of time before leaving the premises, unless the continued presence of that employee poses a danger to the facility or more employees have a grievance any of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedureits employees.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted In the event a grievance arises on a vessel of the Company as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory interpretation or if the supervisor fails to reply within the two (2) days the employee may proceed application of or in compliance with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation provisions of this Agreement, or relating including without limiting the generality of the foregoing, a grievance in respect to any terms wages, hours of work or conditions of employment of any Officer, there shall be dealt with no interruption or impeding of work, and the parties shall endeavour to settle the grievance in the following manner:
Step 1 : STEP ONE An employee having Officer who believes he has a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of must discuss that grievance with the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if anyMaster, and the corrective action requested. The Supervisor shall reply to the employeeif no satisfactory solution is achieved, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall he must submit the that grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative Master of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or vessel within ten (10) working days following of its alleged occurrence. The Master must reply to the meeting written grievance within ten (10) days of its receipt. If the Master is not living aboard or is not available, such grievance must be submitted directly to the Company within the same time limit of its alleged occurrence. The Company must reply to the written grievance within ten (10) days of its receipt. If no settlement is reached in Step One, the Guild representative acting on the Officer's behalf must within twenty (20) days from the date the Master replied under Step 2 One, meet with a Company representative in order to discuss the grievance, and if possible, to achieve a settlement. The Company representative shall render his decision in writing. STEP THREE If no settlement is reached in Step Two, either party may indicate its intention to proceed to arbitration by notifying the other party by registered mail within ten (10) days of receipt of the grievance proceduredecision in Step Two. Notwithstanding any other provisions of this Agreement, if the grievance shall be deemed Company or any of its representatives fail or refuse to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two comply with any step or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 condition of the grievance procedure and throughout set out in subsection the Guild acting on behalf of an Officer, may submit the grievance procedure.
7:03 For at once to arbitration in the purpose manner set out in subsection If there is a grievance which is the same for a number of Mates of a Company, such grievance shall be presented directly to a representative of the grievance Company involved. If no settlement can be reached between this representative and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any a representative of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the EmployerGuild, the Union or an employee it matter may then be submitted to arbitration as per Step Three. The results of such arbitration shall clearly set forth be binding on the nature of the grievanceCompany, the article(s) violated if any Guild and all persons concerned with the remedies soughtparticular grievance involved.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment 12:01 Grievances shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor manner provided such grievances are filed in writing within 15 working days of the occurrence of the incident which gave rise to the matter in dispute. Any employee or group of employees of the Fire Services covered by this agreement who is of the opinion that the employee has been unjustly disciplined, suspended, superseded, discharged, or unreasonably denied leave of absence, shall have the right to have the case investigated and to be represented by a Committee of the Association.
STEP 1: The employee assisted by an officer of the Association shall discuss the case with the Fire Chief. The Fire Chief shall render his decision in writing together with the reason therefore, within five (5) working days of the actual occurrence giving rise to hearing.
STEP 2: If the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)Committee considers that a satisfactory settlement was not reached at Step 1, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing it may within five (5) working days from of receipt of the date it Step 1 reply request a hearing by the Commissioner of Human Resources, or designated representative. Such request shall state the reason or reasons the answer at Step 1 was submitted.
Step 2 If further action unsatisfactory and in what manner the City's interpretation of the contract clause in question is then to be taken, then disputed. The Commissioner of Human Resources or his designated representative shall render a decision within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union hearing.
STEP 3: If the Committee considers that a satisfactory settlement was not reached at Step 2, it may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following of receipt of the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under reply, request a hearing by the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the UnionChief Administrative Officer. If no written request for arbitration is received in accordance with Section 8:01 The Chief Administrative Officer shall render a decision within five (5) working days after of the decision under hearing.
STEP 4: If the Committee considers that a satisfactory settlement was not reached at Step 2 is given or 3, it may within ten five (105) working days following of receipt of the meeting under Step 2 3 reply, request that the grievance be referred to Arbitration pursuant to the Fire Protection and Prevention ▇▇▇ ▇▇▇▇.
12:02 In the event that any employee or group of employees who have been unjustly discharged or suspended shall be reinstated as the result of such settlement of any disagreement as aforesaid, such reinstatement shall be made without loss of time, pay or seniority to such employee.
12:03 No employee shall be discharged or disciplined except for just and sufficient cause. In any discharge or discipline grievance, an Arbitration Board or single Arbitrator shall have the power to dispose of the grievance procedureby any arrangement, which in the opinion of the Arbitration Board or single Arbitrator, it is deemed to be just and equitable.
12:04 Any employee or group of employees having a grievance which the employee wishes the Committee of the Association to represent for such employee shall put the grievance in writing on the grievance form adopted by the Association. The Committee of the Association shall be deemed to have been settled and abide by the same steps on the grievance shall not be form.
12:05 In the subject matter of a further grievance.
7:02 Should two grievance a Board of Arbitration or more employees have a grievance Arbitrator shall not alter, modify or amend any part of a similar naturethis agreement or make any decision inconsistent with its provisions, then it may be processed as one grievance at Step 1 or the provisions of the grievance procedure Fire Protection and throughout the grievance procedurePrevention Act, 1997.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 6.01 The Company and the Union agree that it is the purpose of the grievance procedure to amicably and justly settle any complaints and disagreements concerning the employees, the Union and the Company, without, so far as is possible, resorting to arbitration. The parties further agree that grievances the settlement of any grievance shall be adjusted deemed not to conflict with the provisions of the Agreement.
6.02 It is the mutual desire of the parties that complaints of employees shall be dealt with as quickly as possible, out of the view of the public eye, with a Union ▇▇▇▇▇▇▇ present. It Furthermore, it is understood agreed that an employee has no grievance until he/she has first given the employee has given their supervisor an Manager the opportunity to adjust their deal informally with his/her complaint. The supervisor shall have two (2) days employee will be provided time during his/her regularly scheduled hours to reply meet with his/her Shop ▇▇▇▇▇▇▇ and with the Manager to discuss the complaint, if without wage loss.
6.03 Should any difference arise between the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps Company and any of the grievance procedure. Any grievance or dispute relating employees as to the interpretation, application application, administration or alleged violation of this Agreementthe provisions of the Agreement that cannot be satisfactorily dealt with pursuant to Article 6.02, or relating to any terms or conditions of employment an ▇▇▇▇▇▇▇ effort shall be dealt with made to settle such difference in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five 6.04 Within ten (510) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working business days after the decision is given in Step 1alleged grievance has arisen, the employee, who may request the assistance of his/her Committeeperson▇▇▇▇▇▇▇, shall submit the present his/her grievance in writing writing, on a form agreed upon by the Company and the Union, to the Administrator. A meeting will then be held between Management and if, within ten (10) days from the Administrator or her designated representative and time when such grievance was presented, a decision not satisfactory to the employee within is given, then:
6.05 Within five (5) working daysdays after the decision of Step One has been, or should have been given, an authorized Member of the Grievance Committee shall present the written grievance to the Operations Manager, or a person or persons designated by him/her to handle such matters at Step Two. It is understood that at such The Operations Manager, or his/her designate, shall schedule a meeting to be held within ten (10) days from the Administrator time when such grievance was presented to him/her, or his/her designated representative designate. At the Step Two meeting, the Operations Manager, or his/her designate, may have be accompanied by the Human Resources Manager and such counsel and assistance other assistants, as he/she may desire and that so desires. While the employee may have her Committeeperson, and the Chairperson or a Union Business Representative of the Union may also be present at the request of either meeting, the employee or Company has the Employerright to require the Business Representative’s presence at the meeting. The Operations Manager, or his/her designate, shall give a decision in writing on behalf of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or Company within ten (10) working days immediately following the meeting under Step 2 date of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievancesuch meeting.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. A. Any grievance or dispute relating to which may arise between the interpretationparties concerning the meaning, application or interpretation of this Agreement shall be settled in accordance with the procedure set forth below, which shall govern the handling of all grievances arising on or after this date.
B. A dispute within this Agreement shall be defined to be an alleged violation of a specific provision of this agreement.
C. All grievances arising out of the above defined disputes shall be submitted on the prescribed forms and recite the contractual provisions in issue.
D. All time limits provided in the grievance steps shall be deemed to be of essence and shall be strictly construed. Waivers of time limitation shall be in writing. Failure to make a timely response to a request for extension of time shall be deemed to be a consent of the request for a time waiver.
E. Any grievance or dispute which may arise between the parties concerning the meaning, application or interpretation of this Agreement, or relating to any terms or conditions of employment shall be dealt settled in accordance with in the following mannerprocedures set forth below:
Step 1 An Any employee having a complaint grievance as above defined shall first take up the matter through the departmental chain of command and a designated Association representative, if the participation of the Association representative is desired by the employee. If not settled, it shall be discussed with the designated representatives of the Association who shall determine whether or not it is meritorious. If not settled in the departmental chain as above defined and if determined meritorious by the Association, it shall be reduced to writing and signed by the employee and the designated representative of the Association. Any grievance shall refer it to her immediate Supervisor in writing not submitted at Step 1 within five ten (510) working days of the actual its occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) notification of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor grievant of its occurrence shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittedbe automatically closed.
Step 2 If further action is then to The written grievance shall be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held discussed between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator Director of Public Safety or his or her designated representative may have such counsel designee, who shall give his or her written decision within ten (10) days working days (excluding Saturdays, Sundays and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative Holidays) of receipt of the Union may also be present at the request of either the employee or the Employerwritten grievance. The decision lack of a written answer within this time period shall be deemed to be a denial of the Administrator or her designated representative shall be given in writing within five (5) working days following the meetinggrievance.
Step 3 Should In the Administrator fail to render her decision as required event the grievance is not settled in Step 2 or failing settlement of any grievance under the foregoing procedures2, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or it may, within ten (10) working days following after the meeting under decision in Step 2 2, be submitted to the Director of Human Resources & Operations by the Association. The decision of the grievance procedureDirector of Human Resources & Operations shall be given in writing within ten (10) working days (excluding Saturdays, Sundays and Holidays) after receipt of the grievance grievance. The lack of a written answer within this time period shall be deemed to have been settled and be a denial of the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance Step 4 If the Association is not satisfied with the decision in Step 3, the final Step in the resolution of a similar naturethe dispute shall be an impartial arbitrator, then it may selected pursuant to the rules and regulations for voluntary arbitration of the American Arbitration Association.
1. A demand for arbitration must be processed as one grievance served by written notice to the City, within ten (10) days after the receipt of the disposition at Step 1 3 of intent to submit the issue to an impartial arbitration. Following such notice of demand to arbitrate, the parties shall proceed according to the rules and regulations of the grievance procedure and throughout the grievance procedureAmerican Arbitration Association, in regard to voluntary labor arbitration.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
GRIEVANCE PROCEDURE. 7:01 6.01 The Company and the Union agree that it is the purpose of the grievance procedure to amicably and justly settle any complaints and disagreements concerning the employees, the Union and the Company, without, so far as is possible, resorting to arbitration. The parties further agree that grievances the settlement of any grievance shall be adjusted deemed not to conflict with the provisions of the Agreement.
6.02 It is the mutual desire of the parties that complaints and/or disputes of employees shall be dealt with as quickly as possible. It , and it is understood agreed that an employee has no grievance until he/she has first given Management the employee has given their supervisor an opportunity to adjust their complaintconduct a proper and thorough investigation to ensure the complaint was handled with fairness and integrity. The supervisor shall have two (2) days to reply to Said investigation should be conducted within 7 days.
6.03 Should any difference arise between the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps Company and any of the grievance procedure. Any grievance or dispute relating employees as to the his/her interpretation, application application, administration or alleged violation of this Agreement, or relating the provisions of the Agreement that cannot be satisfactorily dealt with pursuant to any terms or conditions of employment Clause 6.02 an ▇▇▇▇▇▇▇ effort shall be dealt with made to settle such difference in the following manner:
Step 1 An employee having a complaint or grievance shall refer it 6.04 Subject to her immediate Supervisor in writing 6.02, within five seven (57) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, alleged grievance has arisen the employee, who may request the assistance of her Committeepersonemployee and a ▇▇▇▇▇▇▇, shall submit the present his/her grievance in writing writing, on a standard Transportation District 140 grievance form to the Administratordesignated Company representative. A meeting will then be held between the Administrator or her designated representative and the employee within five Any alleged grievance delivered after this (57) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance seven day period has expired shall be deemed to have been settled abandoned and may not be pursued. The Company shall respond in writing within seven (7) days from the time when such grievance was presented
6.05 If within seven (7) days after the decision of Step One has been, or should have been given, and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of wishes to pursue the grievance, an authorized Shop ▇▇▇▇▇▇▇ shall present the article(swritten grievance to the person or persons designated by the Company to handle such matters at Step Two. The Division Manager, or his/her designate, shall schedule a meeting to be held within ten (10) violated if any and days from the remedies soughttime when such grievance was presented to him/her, or his/ her designate. At the Step Two meeting, the Manager, or his/her designate, may be accompanied by such other persons as he/she so desires. The General Chairperson of the Union may be present at the meeting at the option of the Union. The Company shall give a decision in writing within seven (7) days immediately following the date of such meeting.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until 1 c. If neither party requests a hearing, the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreementdepartment Director, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having his designee, 2 will render a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between employee with a copy provided to the Administrator or her designated representative 3 Union Representative and the employee Local Union within five fourteen (514) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative days of 4 receipt of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meetingappeal.
5 4. Step 3 Should the Administrator fail to render her 3
6 a. If a satisfactory decision as required in is not reached at Step 2 or failing settlement of any grievance under the foregoing procedures2, the grievance may be referred 7 appealed in writing by the Union to arbitration by either the Employer or System Board of Adjustment within 8 thirty (30) days of the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after receipt of the decision under Step 2 is given decision.
9 b. The Union (Association Director or within ten (10Vice Director, or their designees) working days following the meeting under may file 10 a grievance directly to Step 2 3 of the grievance procedureprocess for non-disciplinary 11 contract interpretation.
12 B. Issuance of Discipline 13 No employee who has successfully completed his probationary period will be disciplined 14 or discharged without being advised in writing of the basis of the charge(s) against him 15 leading to such action. Such notice, or notice of any other disciplinary action, shall be 16 presented to the employee, Union Representative, and the Local Union not later than 17 thirty (30) days from the time the employee’s operating department learns of the incident 18 upon which such charge(s) is based, with a copy to the local Union Representative. This 19 notice requirement does not apply to the discharge of a probationary employee who has 20 failed to satisfactorily complete their probationary period.
21 C. Union Representation at Investigatory Interviews
22 1. An employee will have the right to have a representative of the Union or, at the 23 employee’s option, another Passenger Service employee present when the employee 24 is required to attend a meeting which may result in discipline of the employee. If 25 more than one ▇▇▇▇▇▇▇ is on duty, the grievance shall employee will be deemed permitted to have been settled and select the same grievance 26 ▇▇▇▇▇▇▇ of their choice. If the ▇▇▇▇▇▇▇ on duty chosen by the employee is 27 unavailable based on the needs of the service, the Company will delay the meeting, 28 provided that it shall not be delayed beyond the subject matter end of a further grievancethe employee’s shift.
7:02 Should two 29 2. The employee will have the opportunity to obtain a ▇▇▇▇▇▇▇’▇ or more employees Union 30 Representative’s telephonic participation in the meeting if neither is available on site.
31 3. Notwithstanding Paragraph C.2 above, if an HBR employee is required to attend an 32 investigatory interview in person, he may have a grievance of a similar nature▇▇▇▇▇▇▇ or Union Representative 33 attend the meeting in person as well, then it may be processed as one grievance if the ▇▇▇▇▇▇▇ or Union Representative is 34 available at Step 1 that time based on the needs of the grievance procedure and throughout the grievance procedureoperation.
7:03 For the purpose of the grievance and arbitration procedure35 4. Employees will not be required to travel to, working days shall exclude Saturdaysattend or participate in investigatory 36 interviews or meetings, Sundays and paid holidaysin person or by phone, while off duty, except as necessary 37 based on extenuating circumstances.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply In addition to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps rights of the grievance procedure. Any grievance or dispute relating parties in accordance with sections 123 and 124 of the Police Services Act, the parties may attempt to resolve a difference concerning the interpretation, application application, administration or alleged violation of any of the provisions of this AgreementAgreement as follows:
(1) When a Member of the Association has any complaint, they shall convey orally to the superior responsible for the complaint and the Member and the superior shall make every effort to resolve the problem at this preliminary stage. Should the Member and the superior fail to resolve the complaint to the satisfaction of the Member, or relating if the superior fails to any terms discuss, acknowledge or conditions of employment otherwise deal with the complaint the Member may invoke the following procedure in an attempt to remedy the cause for their complaint.
(2) If the complaint is not resolved in step 1, the Member shall reduce a grievance to writing, and present their case to the Management representative, who is the superior to the supervisor in step 1. Every effort shall be dealt with in made to resolve the following manner:
Step 1 An employee having a complaint or grievance shall refer it at this stage. If the grievance is not resolved to her immediate Supervisor in writing the satisfaction of the Member within five (5) working days of presenting the actual occurrence giving rise case, the Member may invoke the following procedure in an attempt to remedy the cause of the grievance. Notwithstanding the above options, the Member shall have no right of procedure unless the Member has first attempted to resolve the differences by these procedures.
(3) The Member shall communicate his grievance, in writing, to the complaint or grievance. The grievance will clearly state the name(s) official representatives of the grievor(s)Association, setting down all matters pertinent to the dispute.
(4) The Association shall investigate the grievance and if, in the judgement of the Association, the article(s) violatedgrievance is justified, if anypresent such grievance, and the corrective action requested. The Supervisor shall reply in writing, to the employee, giving the answer to the complaint Chief of Police or grievance in writing within five his designee for consideration.
(5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance The Chief of her Committeeperson, Police shall submit hear or receive the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following communicate in writing his decision relative to the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two (6) The Association shall, if dissatisfied with the ruling of the Chief of Police or more employees his designee or if the Chief of Police fails or refuses to deal with the grievance within the specified time, the Association may file with the Board, in writing, said grievance within twenty (20) days of the date the grievance was submitted to the Chief of Police or his designee.
(7) The Board shall, within twenty (20) days of the receipt of such grievance, cause an inquiry to be held at which hearing either of both parties may introduce evidence in support of their grievance. The Board shall have a further twenty (20) days after the inquiry to deliver their decision in writing to the interested parties.
(8) The Association may, if dissatisfied with the decision of the Board, or if the Board fails to communicate, acknowledge, or inquire into the grievance within the specified time, submit the matter to arbitration as provided in the Police Services Act, R.S.O. 1990. Notification of a similar nature, then it desire for a Board of Arbitration must be made within twenty (20) days following the decision of the Board.
(9) Any time limits specified in this procedure may be processed as one grievance at Step 1 enlarged or extended by the consent of the grievance procedure and throughout parties then so engaged in the grievance procedure.
7:03 For (10) Where a difference between the purpose parties concerns the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an alleged violation affects:
(a) More than one Member, or
(b) The interests of either party to this agreement
(11) The word "days" in this Article means calendar days exclusive of Saturdays, Sundays, Statutory Holidays, and the period of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidaysGriever's vacation.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Civilian Contract, Civilian Contract
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until 18.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two National Joint Council (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(sNJC) of the grievor(s), Public Service on items which may be included in a collective agreement and which the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply parties to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may this Agreement have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresendorsed, the grievance may procedure will be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five 7.0 of the NJC By-Laws.
18.02 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 18.05 except that,
(5a) working days after where there is another administrative procedure provided by or under any Act of Parliament to deal with the decision under Step employee’s specific complaint, such procedure must be followed, and
(b) where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the employee is not entitled to present the grievance unless he or she has the approval of and is represented by the Alliance.
18.03 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the following levels:
(a) level 1 - first level of management;
(b) levels 2 is given and 3 - intermediate level(s) where such level or within ten levels are established in departments or agencies;
(10c) working days following the meeting under Step 2 of final level - Deputy Head or Deputy Head’s authorized representative. Whenever there are four levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.
18.04 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Alliance.
18.05 An employee who wishes to present a grievance at a prescribed level in the grievance procedure shall transmit this grievance to his or her immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
18.06 Where it is necessary to present a grievance by mail, the grievance shall be deemed to have been settled and presented on the same day on which it is postmarked and
18.07 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the subject matter form supplied by the Employer.
18.08 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level.
18.09 The Alliance shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the decision.
18.10 An employee may present a further grievance to the First Level of the procedure in the manner prescribed in clause 18.05 not later than the twenty-fifth (25th) day after the date on which he or she is notified orally or in writing or on which he or she first becomes aware of the action or circumstances giving rise to the grievance.
7:02 Should two 18.11 The Employer shall normally reply to an employee’s grievance, at any level in the grievance procedure, except the final level, within ten (10) days after the date the grievance is presented at that level. Where such decision or more employees have settlement is not satisfactory to the employee, he or she may submit a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the next higher level in the grievance procedure and throughout within ten (10) days after that decision or settlement has been conveyed to him or her in writing.
18.12 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the employee may, within the next ten (10) days, submit the grievance at the next higher level of the grievance procedure.
7:03 For 18.13 The Employer shall normally reply to an employee’s grievance at the purpose final level of the grievance procedure within thirty (30) days after the grievance is presented at that level.
18.14 Where an employee has been represented by the Alliance in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee.
18.15 The decision given by the Employer at the Final Level in the grievance procedure shall be final and arbitration binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.
18.16 In determining the time within which any action is to be taken as prescribed in this procedure, working days shall exclude Saturdays, Sundays and designated paid holidaysholidays shall be excluded.
7:04 Any of the 18.17 The time limits stipulated in the grievance and arbitration this procedure may be extended by mutual agreement between the written consent of Employer and the partiesemployee and, where appropriate, the Alliance representative.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee 18.18 Where it shall clearly set forth appears that the nature of the grievancegrievance is such that a decision cannot be given below a particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the Employer and the employee, and, where applicable, the article(sAlliance.
18.19 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 11(2)(f) violated if or (g) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the final level only.
18.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.
18.21 An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the
18.22 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance as provided in this Agreement.
18.23 Where an employee has presented a grievance up to and including the remedies sought.Final Level in the grievance procedure with respect to:
(a) the interpretation or application in respect of him or her of a provision of this Agreement or a related arbitral award, or
(b) disciplinary action resulting in suspension or a financial penalty, or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances Step One Step Two
7:02 A grievance shall be adjusted as quickly as possible. It deemed to be waived unless the grievance is understood that an employee has no grievance until referred by the employee has given their supervisor an opportunity or the Union to adjust their complaintthe Company within thirty (30) calendar days from the date of the occurrence of the grievance.
7:03 A grievance affecting more than one (1) employee may be submitted, in writing, by the employees concerned, or the Union, at Step Two of the grievance procedure.
7:04 A grievance by the Company may be submitted to the Union within thirty (30) calendar days from the date of occurrence together with a written request by the Company for a meeting with the Union’s Grievance Committee. The supervisor meeting will take place within seven (7) calendar days from the date the request was initiated. The Union Grievance Committee will render their decision in writing within seven (7) calendar days from the date of the meeting. If the decision is not satisfactory to the Company, they may take the grievance to arbitration as herein provided.
7:05 Where a grievance is not settled under the preceding Sections of this Article, including the question of whether or not a grievance is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, within thirty (30) calendar days notify the other party, in writing, of its intention to submit the grievance or allegation to arbitration and the notice shall have contain the names of the first party’s appointee to the Board. The recipient of the notice shall, within seven (7) calendar days, advise the other party of its appointee to the Board.
7:06 The two (2) appointees so selected shall, within seven (7) calendar days of the appointment of the second of them, appoint a third person who shall be the Chairperson of the Arbitration Board. If the recipient of the notice fails to reply to the complaint, if the reply is unsatisfactory appoint an Arbitrator or if the supervisor fails to reply within the two (2) days appointees fail to agree upon a Chairperson within the employee may proceed with time limits provided, then the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment appointment shall be dealt with in made by the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days Minister of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the Labour upon request of either the employee or the Employerparty. The decision of the Administrator or her designated representative Arbitration Board shall be given in writing within five (5) working days following the meetingfinal and binding upon both parties.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any 7:07 A grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed an employee who claims to have been settled and the same grievance unjustly discharged shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar naturesubmitted, then it may be processed as one grievance in writing, at Step 1 Two of the grievance procedure and throughout within fifteen (15) calendar days from the grievance proceduredate of discharge.
7:03 For 7:08 Time limits involving the purpose processing of the a grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by mutual agreement between the written consent of Company and the partiesUnion.
7:05 When a 7:09 Failure by the Company to reply to grievances within the time limits provided in this article or within any agreed upon time extension will result in the griever or grievers being awards the grievance if the company is submitted in writing by either the Employertardy. If, however, the Union or an employee it shall clearly set forth the nature of the grievanceis tardy, the article(s) violated if any grievance will become null and void.The parties agree that article 7.09 will be in effect on a trial basis until December 31, 2019. At that time the remedies sought.Company may make a decision to revert to the language as follows:
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It A grievance under this Agreement is understood that an employee has no grievance until a dispute, claim or complaint arising under and during the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation term of this Agreement, and is limited to matters of interpretation or relating to any terms or conditions application of employment express provisions of the Agreement. The following shall be dealt with in the following mannergrievance procedure:
Step 1 An A. Not later than ten (10) working days after occurrence, an employee having a complaint or grievance shall refer it to her inform their immediate Supervisor they have a grievance concerning their employment. The Supervisor shall meet with the employee within the next three (3) working days for a discussion of the grievance in writing an attempt to resolve the matter. If the aggrieved employee wishes, the aggrieved employee may have their ▇▇▇▇▇▇▇ assist them in their oral presentation. The Supervisor will provide a response within three (3) working days after oral presentation to the aggrieved.
A. If the aggrieved employee does not receive a satisfactory answer from their Supervisor, they may submit the grievance in written form to their Supervisor or designee, for a written decision, provided the submission is made within the five (5) working days following an unsatisfactory answer. If the aggrieved employee wishes, they may have their ▇▇▇▇▇▇▇ assist them in the written presentation. The written grievance must specify 1) the Section and Paragraph of the actual Agreement allegedly violated, 2) date of occurrence giving rise to of each alleged violation, 3) manner of alleged violation, and 4) the complaint or grievance. The grievance will clearly state the name(s) adjustment requested.
B. Upon receipt of the grievor(s)written grievance, the article(sSupervisor or designee, shall set a place and time within seven (7) violatedworking days for a grievance hearing. If the aggrieved employee wishes, if anythey may have their ▇▇▇▇▇▇▇ assist them at the grievance hearing. Whether or not their ▇▇▇▇▇▇▇ assists at the grievance hearing, the ▇▇▇▇▇▇▇ and the corrective action requestedappropriate Chief ▇▇▇▇▇▇▇ shall each receive a copy of the written decision. The Supervisor shall reply to or designee must provide the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then written response within five (5) working days after the decision is given in Step 12 grievance hearing.
A. If the aggrieved employee does not receive a satisfactory written answer, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the written grievance may be referred submitted to arbitration by either the Employer or University Labor designee to form a three-person Review Committee, provided the Union. If no written request for arbitration aggrieved employee's submission to the University Labor designee is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or made within ten (10) working days following an unsatisfactory answer.
B. Upon receipt of the meeting under Step 2 written grievance, the University Labor designee and the Union shall set a mutually agreeable time and place within ten (10) working days for a discussion of the grievance procedure, with the intent of both parties to resolve the issue. The Union may have the Local President or Chief ▇▇▇▇▇▇▇ and not more than two (2) employees or non-employees at the grievance shall be deemed to have been settled and hearing. Whether or not the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits Chief ▇▇▇▇▇▇▇ assists in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature preparation of the grievance, the article(sLocal President and Chief ▇▇▇▇▇▇▇ shall receive a copy of the written decision.
C. The University Labor designee shall inform the Union in writing within fifteen (15) violated working days of the decision. If the decision is not satisfactory to the Union, and if any and the remedies soughtgrievance is arbitral under Section 9 of this Agreement, it may be referred to arbitration.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted 1. A grievance is defined as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance any difference or dispute relating to concerning the interpretation, application application, or alleged claimed violation of any provision of this Agreement, or of any Rutgers policy or any administrative decision relating to any wages, hours or other terms or conditions of employment of the officers as defined herein.
2. Any grievance of an officer, or the FOP-S, shall be dealt with handled in the following manner:, except that a general grievance, one that may affect all or a group of officers, may be presented by the FOP-S at Step 3.
Step 1 An employee having a complaint The grievant (an officer or grievance the FOP-S on his/her behalf) shall refer it to her immediate Supervisor in writing within five (5) working days of present the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five fifteen (515) working days from after the date it was submitted.
Step 2 If further action occurrence of the event or the knowledge of the event out of which the grievance arises to the lowest level of supervision that is then appropriate to be takenthe grievance. The Supervisor shall, then within three (3) working days arrange a meeting with the officer and shall attempt to adjust the grievance and shall have a written answer to the officer and FOP-S within five (5) working days after the decision meeting. The officer may be accompanied by a FOP-S representative at such meetings.
Step 2 If the officer and/or the FOP-S is given in Step 1dissatisfied with the decision, the employee, who written grievance may request the assistance of her Committeeperson, shall submit the grievance in writing be presented to the Administratornext level of authority within three (3) working days of the receipt of such decision. A meeting will then be held between The Chief of the Administrator appropriate campus or his/her designated representative designee shall meet with the officer and the employee within five FOP-S representative (5if the officer wishes such representation) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement receipt of any grievance under the foregoing procedures, the grievance may be referred and shall render a written decision to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 officer and his/her representative within five (5) working days after of such meeting. Copies of the written grievance and decision shall be forwarded to the Office of Labor Relations and to the President of the FOP-S.
Step 3 If the officer and/or FOP-S is dissatisfied with the decision under at Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure2, the written grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted presented in writing by either to the Employer, the Union or an employee it shall clearly set forth the nature Office of the grievance, the article(s) violated if any and the remedies sought.Labor Relations within five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee 6:01 Either the Hospital or the Union, or any Employee has no the right to lodge a grievance until the employee has given their supervisor an opportunity with respect to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps any matter arising out of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, .
6:02 It is the mutual desire of the parties that complaints of the Hospital or relating to any terms or conditions of employment the Employees shall be dealt with in adjusted as equitably as possible, and it is understood that an Employee has no grievance until he has first given his supervisor an opportunity to adjust his complaint.
6:03 If an Employee has an unsettled complaint within the following manner:
Step 1 An employee having terms of this Agreement, it may be taken up as a complaint or grievance shall refer it to her immediate Supervisor in writing within five fourteen (514) working calendar days of after the actual occurrence circumstances giving rise to the complaint or grievance. The grievance will clearly state occur, in the name(s) of the grievor(s), the article(s) violated, if any, following manner and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.sequence:
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the : The aggrieved employee, who may request be accompanied by the assistance of her CommitteepersonShop ▇▇▇▇▇▇▇, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the EmployerChief Engineer. The Chief Engineer will deliver a decision of the Administrator or her designated representative shall be given in writing within five (5) full working days. Failing a settlement, the grievance may proceed to Step 2.
Step 2: Within five (5) full working days following the meeting.
Step 3 Should 1 decision, the Administrator fail aggrieved employee and/or the Shop ▇▇▇▇▇▇▇ may submit the written grievance to render her the Director of Plant Operations, who will hold a meeting with the aggrieved employee, the Shop ▇▇▇▇▇▇▇ and the Chief Engineer. The Director will deliver a decision as required in Step 2 or failing settlement of any grievance under the foregoing procedureswriting within five (5) full working days. Failing settlement, the grievance may proceed to Step 3.
Step 3: Within five (5) full working days following the Step 2 decision, the written grievance may be referred submitted to the Director of Human Resources, who will hold a meeting with the aggrieved employee, the Shop ▇▇▇▇▇▇▇, Union Representative, the Chief Engineer and the Director of Plant Operations. The Director of Human Resources will deliver a decision in writing within five (5) full working days.
6:04 Failing settlement under Step 3 of any difference between the parties 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 by either the Employer or the Unionas provided in Article 7. If no written request for arbitration Arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following after the meeting under decision in Step 2 of the grievance procedure3 is given, the grievance it shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievanceor abandoned.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of 6:05 No adjustment effected under the grievance procedure and throughout shall be made retroactively more than ten (10) days prior to the date the grievance procedurewas formally discussed, or presented.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude 6:06 Saturdays, Sundays Sundays, and paid holidaysStatutory Holidays will not be counted in determining the time within which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure.
7:04 6:07 Any of the and all time limits in the grievance fixed by this Article and arbitration procedure Article 7 may be at any time extended by written agreement between the written consent of Hospital and the partiesUnion.
7:05 When a grievance is submitted in writing by either 6:08 All decisions arrived at between the Employer, Hospital and the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any be final and binding upon each party and the remedies soughtEmployee(s) concerned.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible A grievance is a complaint arising from circumstances or conditions relating to one’s employment. It is understood not necessary to begin a formal grievance procedure for every complaint that an employee has no grievance until and grievances filed will be limited to matters of interpretation or application of the terms of this Agreement or the rules and regulations promulgated by the Employer. Once an employee has decided that he or she wishes to file a grievance, the employee has given will take it up for settlement in accordance with the following steps: Step l: Any grievance shall first be discussed between the employee or employees concerned together with a ▇▇▇▇▇▇▇, if desired, and their Division supervisor an opportunity to adjust their complaintor Superintendent within five (5) working days from actual discovery of the basis for the grievance or from the date when the basis for the grievance should reasonably have been discovered. The supervisor or Superintendent shall have two (2) days to reply give a verbal answer to the complaintgrievance within five (5) working days after the verbal discussion. For employees working in the parking service operations, if the reply Division Supervisor is unsatisfactory or if designated to be the supervisor fails to reply within Supervisor of the two Parking Services division of the Downtown Development Authority (2) days DDA), for as long as the employee may proceed City maintains a contractual agreement with the steps DDA for management of the grievance procedureparking services. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with Step 2: Grievances not settled in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing shall, within five (5) working days of the actual occurrence giving rise Step 1 answer, be reduced to writing and presented to the complaint Department Head or grievanceDepartment Head’s designate. The written grievance will clearly state include the name(sArticle(s) and Section(s) involved in the perceived violation, or interpretation, of the grievor(s)Agreement; a summary of the events, including dates and time that led to or caused the article(sperceived violation; the employee(s) violated, if anyinvolved, and a suggested remedy. A grievance submitted without the corrective action requestedinformation required in the previous sentence will be returned without action. The Supervisor shall reply to the employeeDepartment Head shall, giving the answer to the complaint or grievance in writing within five (5) working days from of receipt of the date it was submitted.
Step 2 If written grievance, schedule a meeting with the ▇▇▇▇▇▇▇ or Union representative to further action is then discuss the matter. The employee may attend this meeting with the ▇▇▇▇▇▇▇ or Union representative. The parties shall make every attempt to be taken, then satisfactorily resolve the grievance at this meeting. The Department Head (or designate) shall give a written answer to the grievance within five (5) working days after of this meeting with a copy to the decision is given in Step 1, Union and the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted Section 1 A grievance is defined as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory a claim or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps dispute arising out of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation interpretation of this Agreement, or relating to any terms or conditions under express provisions of employment this Agreement and shall be dealt with processed in the following manner:
Section 2 Step 1 1. An employee having a complaint or grievance shall refer it to her immediate Supervisor must submit in writing within five (5) working days of the actual occurrence giving rise grievance to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing department head within five (5) working days from the date it was submitted.
Step 2 If further action is then of the event giving rise to the grievance or the date the employee could reasonably have been first made aware of the event. Such grievance must be takensubmitted in writing listing the ARTICLE and Section violated, then 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 after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit receipt of the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative which shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within not more than ten (10) working days following the meeting under Step 2 from that date. Following close of the grievance procedurehearing, 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 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 representative and the City Manager or his/her designated representative. Such meeting shall take place prior to the City Manager or the designated representative issuing his/her decision. The City Manager or the designated representative shall render his/her decision within ten
Section 4 Step 3. If the Union is not satisfied with the 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 twenty (20) working days of the City Manager or the designated representative's decision, the grievance shall be deemed abandoned and no further action shall be taken with respect to have been settled and the same grievance shall not be the subject matter of a further such grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 Section 5 The decision of the grievance procedure arbitrator shall be final and throughout binding upon the grievance procedureparties as to the matter in dispute. Collective Bargaining Agreement AFSCME FY12-FY14
Section 6 The expenses of the arbitrator shall be paid by the losing party. Each party shall make arrangements for and pay the expense of witnesses who are not City employees who are called by them.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time Section 7 Time limits in the grievance and arbitration procedure may be extended or by-passed by the written consent mutual agreement of the parties.
7:05 When a Section 8 All decisions involving wages, wage rates, promotions, transfers, hours worked and not worked, shall be retroactive to the date the grievance is submitted in writing by either first occurred at the Employer, the Union or an employee it shall clearly set forth the nature discretion of the grievance, the article(s) violated if any and the remedies soughtarbitrator.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree DCSS COMPANIES desire that unfairness to its employees shall not exist and all grievances shall be adjusted as quickly as settled, whenever possible, with the immediate Supervisor involved. It is understood the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any grievance that an employee has no grievance until or the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall Union may have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating DCSS COMPANIES with respect to the interpretationwages, application or alleged violation of this Agreementhours, or relating to any terms or other conditions of employment shall be dealt discussed by the employee with such employee's immediate Supervisor in an attempt to settle the following mannermatter. The Union ▇▇▇▇▇▇▇ may be present at the time of this initial discussion in keeping with the election of the employee. The immediate Supervisor shall have a verbal answer immediately, if possible, but in no event later than five (5) working days after the discussion. If the verbal answer does not settle the matter, then the employee and/or the ▇▇▇▇▇▇▇ may proceed with the matter as follows:
Step 1 An 1: Any employee having who believes he has a complaint or just grievance shall refer it to her immediate Supervisor submit in writing the grievance to his immediate supervisor in an attempt to settle the same, within seven (7) working days of the time the employee has knowledge of, or has reason to have knowledge of, the occurrence in question. The employee’s manager shall discuss the grievance and the Union ▇▇▇▇▇▇▇ will be present if requested by the employee. The manager shall respond in writing to the written grievance within seven (7) working days after such discussion.
Step 2: If the grievance is not satisfactorily resolved in Step 1, it must be presented in writing to the Program Manager within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) receipt of the grievor(s), answer in Step 1 if the article(s) violated, if any, and employee wishes to process the corrective action requestedgrievance further. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within Within five (5) working days from of the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after receipt of the decision is given in Step 1written grievance, the employee, who may request the assistance of her Committeeperson, shall submit the grievance Program Manager will render a decision in writing and present a copy to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. Step 3: If no written request for arbitration the grievance is received not satisfactorily resolved in accordance with Section 8:01 within five (5) working days after Step 2, and if the decision under Step 2 is given or Union desires to process the grievance further, the Union must so advise the DCSS COMPANIES designated corporate official in writing via e-mail within ten (10) working days following of such notice. The Union Business Representative and a DCSS COMPANIES representative shall meet within ten (10) days of the receipt of the notice from the Union and attempt to resolve the grievance. The DCSS COMPANIES will render a decision and record the answer in writing within ten (10) calendar days from the date of such meeting under with the Union Business Representative by communicating its answer in writing via email to the Union Business Representative. The DCSS COMPANIES grievances will be processed commencing at Step 2 3 with the DCSS COMPANIES sending the Union a copy of the grievance procedurewithin ten (10) days of the incident. The Union shall give its answer to the DCSS COMPANIES in writing, via e-mail, within ten (10) days of receipt of the DCSS COMPANIES’ Grievance and, thereafter, if the DCSS COMPANIES wish to proceed to arbitration, the parties will follow the procedures specified in Section 5. Section 5. Arbitration
a) In the event either the DCSS COMPANIES or the Union desires to process a grievance to arbitration, it must do so within twenty (20) days after receiving the answer of the other party, as required by Step 3 of the Grievance Procedure, by notifying the other party in writing, via e-mail, of its desire to submit the grievance to arbitration. Thereafter, the parties shall attempt to select an arbitrator to hear and decide the grievance, but if they are unable to do so within twenty (20) days after receiving notice of intent to arbitrate, the party processing the grievance shall notify the Federal Mediation and Conciliation Service and the Arbitrator shall be deemed chosen in accordance with the then applicable Arbitration Rules of the Federal Mediation and Conciliation Service.
b) The Arbitrator shall only have the power to apply the specific provisions of this Agreement the party claims have been settled violated and shall have no power to add to, subtract from, amend or otherwise modify the terms of this Agreement. The fees and expenses of the Arbitrator and the same grievance cost of the rental of the room for the arbitration shall not be borne equally by both parties. The party incurring other expenses shall pay all other expenses. The decision of the subject matter of a further grievanceArbitrator shall be final and binding upon all parties.
7:02 Should two or more employees have a grievance of a similar naturec) By prior mutual written agreement, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure specified above may be extended by the written consent of the partiesextended.
7:05 When a grievance is submitted in writing by either d) The DCSS COMPANIES shall honor reasonable requests from the EmployerUnion to release employees from work to testify as witnesses so long as it does not disrupt the schedule of testing, the Union or an employee party ordering testimony shall pay for cost of lost wages. If a stenographic record is made, either party may order a transcript thereof and the party ordering it shall clearly set forth pay for the nature of the grievance, the article(s) violated if any and the remedies soughtfull cost.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 12.01 The Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that grievances shall be adjusted as quickly as possible. It is understood that when an employee has no grievance until a complaint, the employee has given their supervisor an opportunity will be encouraged to adjust their complaint. The supervisor shall have two (2) days to reply to discuss the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed matter with the steps of employee's Supervisor as soon as possible after the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible. As well, prior to the Union filing a grievance starting at the final level, as per 12.06, the parties are encouraged to discuss the matter as soon as possible after the circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible.
12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or grievance. The grievance will clearly state the name(s) application in respect of the grievor(s)employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the article(sfollowing procedure shall apply: STEP ONE: Within twenty (20) violatedworking days after the alleged grievance has arisen or the employee became aware of the grievance, if anythe employee may present the employee's grievance in writing either by personal service, by email or by registered mail, on the form authorized by the Labour and the corrective action requested. The Supervisor shall reply Employment Board to the employee, giving 's immediate supervisor or the answer to person designated by the complaint Employer as the first level in the grievance procedure. If the employee receives no reply or grievance in writing does not receive satisfactory settlement within five twenty (520) working days from the date it was submitted.
Step 2 If further action is then on which the employee presented the employee's grievance to be takenthe employee's immediate supervisor or to the person designated as the first level in the grievance procedure, then within five the employee may proceed to Final Step. FINAL STEP: Within twenty (520) working days after from the decision is given expiration of the twenty (20) day period referred to in Step 1One, the employee may present the employee's grievance in writing at the final level of the grievance process either by personal service, who may request by e-mail or by registered mail to the assistance of her Committeeperson, employee's immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlement proposed by the Employer at level one and any reply must accompany the grievance when it is presented at the final level to the person designated as the final level. The person designated as the final level shall submit reply to the grievance in writing to the Administratoremployee within fifteen (15) working days from the date the grievance was presented at the final level. A meeting will then be held between the Administrator or her designated representative and Should the employee not receive a reply or satisfactory settlement of the employee's grievance within five fifteen (515) working days. It is understood that days from the date on which the employee presented the employee's grievance at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that final level, the employee may have her Committeepersonrefer the employee's grievance to Adjudication as provided in Article 13 hereof, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five fifteen (515) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, date on which the grievance shall be deemed to employee should have been settled and received a reply from the same grievance shall not be person designated as the subject matter of a further grievancefinal level.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances 8.01 A Grievance under this Agreement shall be adjusted defined as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance any difference or dispute between the Employer and any Employee relating to the interpretation, application or alleged violation administration of this Agreement, or relating including any questions as to any terms or conditions of employment whether the matter is arbitrable, and an allegation that this Agreement has been violated. All complaints and grievances shall be dealt with in taken up the following manner:
Step 1 : An employee Employee having a question or complaint or grievance shall refer it to her his immediate Supervisor in writing supervisor within five eight (5) 8) working days of the actual occurrence giving rise leading to the complaint question or grievancecomplaint. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor supervisor shall reply to the employee, Employee giving the answer to the complaint or grievance in writing question within five four (54) working days from the date it was submitted.
Step 2 of submission. If further action is then to be taken, then within five (5) working days after the decision is given in Step No. 1, the employeeEmployee, who may request the assistance of his or her Committeeperson▇▇▇▇▇▇▇, shall submit the grievance in writing to the AdministratorGeneral Manager. A meeting will then be held between the Administrator General Manager or her his designated representative and the employee within five (5) working daysEmployee. It is understood that that, at such a meeting the Administrator General Manager or her his designated representative may have such counsel and assistance as she he may desire desire, and that the employee Employee may have her Committeepersonhis ▇▇▇▇▇▇▇, and that the Chairperson SEIU Union Representative or a Union an International Representative of the Union may also be present at the request of either the employee Employee or the Employer. The decision of the Administrator General Manager or her his designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 . Should the Administrator General Manager fail to render her his decision as required in Step 2 No. 2, or failing settlement of any grievance under the foregoing proceduresprocedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration Arbitration by either the Employer or the Union. If no written request for arbitration Arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step No. 2 is given given, or within ten (10) working days following the meeting under Step No. 2 of the grievance procedure, the grievance shall be deemed to have been settled abandoned and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance 8.02 Any of a similar nature, then it the time allowances above may be processed as one grievance at Step 1 extended by mutual agreement of the grievance procedure and throughout the grievance procedureparties.
7:03 For 8.03 In determining the purpose time within which any action is to be taken or completed under the terms of the grievance and arbitration procedurethis Agreement, working days such time limits shall exclude be exclusive of Saturdays, Sundays and paid holidays.
7:04 Any 8.04 An Employee subject to disciplinary action which is to be recorded in the Employee’s personnel file shall have the right, to the presence of the time limits in Union ▇▇▇▇▇▇▇. In extraordinary circumstances when a Union ▇▇▇▇▇▇▇ is entirely unavailable, the grievance and arbitration procedure may be extended by Employee shall have the written consent right to the presence of a Union Committee member or a member representative of the partiesEmployee’s choice who is working on the current shift; however, an Employee may elect to forgo this representation if she so chooses.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 9.01 The parties agree to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances shall be adjusted as quickly as possible. Accordingly, no grievance shall be arbitral if filed more than 15 working days after the grievor became aware or ought reasonably to have become aware of the circumstances giving rise to the grievance.
9.02 It is generally understood that an employee has no complaint or grievance until she, either directly or through the employee Union, has first given their her immediate supervisor an opportunity to adjust their the complaint.
9.03 If after registering the complaint with the supervisor and such complaint is not settled within one
(1) regular working day or within any longer period which may have been agreed to by the parties, then the following steps of the Grievance Procedure may be invoked:
STEP 1: The grievance shall be submitted in writing, either directly or through the Union to the Supervisor within five (5) working days following the reply of the immediate supervisor. The supervisor Supervisor shall have hold a meeting with the Union Grievance Committee, not to exceed two (2) in number, within a further ten (10) working days to reply and shall communicate his position to the complaint, union within five (5) working days of such meeting. The grievor may be present if the reply is unsatisfactory or if the supervisor fails to reply within the two (requested by either party.
STEP 2) days the employee may proceed with the steps of : If the grievance procedure. Any remains unsettled at the conclusion of Step 1, the grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall may be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing submitted within five (5) working days of the actual occurrence giving rise Supervisor’s reply, to the complaint Bursar or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her his designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative who shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following hold a meeting between the meeting under Step 2 Union Grievance Committee (not to exceed two (2) in number) and the appropriate representatives of Management, in a final attempt to resolve the grievance. The International Representative of the grievance procedureUnion or his designee and the Grievor may be present at this meeting if requested by either party. The Bursar or his representative shall within a further ten (10) working days give his decision, in writing, to the Union. If the Union wishes to proceed to arbitration, the grievance Union shall, within thirty (30) days of the date of the Bursar’s decision, but not thereafter, deliver to the Employer a notice in writing stating that it wishes to take the matter to arbitration. The notice to arbitrate shall be deemed contain the Union’s suggestions for an arbitrator and shall also specify the issues in dispute, the section or sections of the Collective Agreement alleged to have been settled violated and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies remedy sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree Should any employee subject to this Agreement believe he or she has been unjustly dealt with, or that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps any of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation provisions of this AgreementAgreement have been violated, he or relating she shall attempt to any terms or conditions of employment shall be dealt with resolve the grievance in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five Within thirty (530) working days of the actual occurrence giving rise event, or final event in a series of events which have occurred over a period not to the complaint exceed twenty-four (24) months, or grievance. The grievance will clearly state the name(s) of the grievor(s)alleged violation of the Collective Agreement, the article(s) violated, if any, and employee shall discuss the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint matter with his or grievance in writing within five (5) working days from the date it was submittedher immediate supervisor.
Step 2 If further action is then the employee does not obtain satisfaction from the immediate superior and wishes to be takenpursue the grievance further, then the employee shall, within five sixty (560) working days after of the decision is given event outlined in Step 1; or, if the employeeevent in question is a disciplinary matter, who may request the assistance within fifteen (15) working days of her Committeeperson, shall submit the disciplinary action:
a) proceed with a written grievance in writing directly to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five Labour Relations Department (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇), and the Chairperson Department Head, or a Union Representative designate, concerned; or
b) refer the grievance to the Association who shall, within the above referenced time frame, make initial notification, in writing, to the Labour Relations Department (▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇) and the Department Head, or designate, concerned. Following receipt of the Union may also be present at the request of written grievance from either the employee or the EmployerAssociation, a hearing will be arranged before the Department Head, or designate, concerned within fifteen (15) working days. The decision of the Administrator Department Head or designate will render his or her designated representative shall be given decision, in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedureswriting, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the hearing.
Step 3 If the decision of the Department Head, or designate fails to resolve the grievance procedureto the satisfaction of the Association, the grievance shall be deemed Association may decide to have been settled and go to arbitration and, having made that decision, they shall, within twenty (20) working days of receiving the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 written decision of the grievance procedure and throughout Department Head, or designate, refer the grievance procedure.
7:03 For to arbitration, in accordance with the purpose provisions of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any Article 15 (Sub-Articles 8-14) of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.this Agreement. [2017]
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 (a) The parties agree purpose of this Article is to provide the sole method for the settlement of a grievance alleging that grievances a specific provision or interpretation of this Agreement has been violated. Such a grievance shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed presented and processed in accordance with the steps steps, time limits and conditions herein set forth. For the purposes of Articles 6 and 7, working days shall be considered as falling during the Monday to Friday period regardless of the Employee’s shift.
(b) An Employee who has filed a grievance procedure. Any grievance or dispute relating in timely fashion alleging a breach of Article 3.08 and who wishes to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days avail himself/herself of the actual occurrence giving rise services of the Centre for Human Rights may do so by so indicating this desire in writing. If the Grievor elects to pursue the complaint through the Centre for Human Rights or grievance. The grievance will clearly state the name(s) of the grievor(s)University Workplace Harassment Prevention Program, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days procedure time limits will be suspended from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no Employee’s written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within and such time limits shall not commence to operate until ten (10) working days following the meeting under Step 2 date of the decision of the Centre for Human Rights or Assistant Vice-President Human Resources. During this ten (10) working day period the Grievor must notify the other party if he/she intends to continue to pursue the matter through the grievance procedure, . In the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of event that the time limits in the grievance procedure have been suspended for more than twelve (12) months, the University may give written notice to the Union and arbitration the Grievor that such time limits will commence to operate starting ten (10) days following the date of such written notice. The Employee may also choose to have his/her complaint under Article 3.08 dealt with solely pursuant to the grievance procedure may under this collective agreement.
6.02 No grievance shall be extended by considered where the request for the Complaint Stage meeting, if applicable, or the submission of the written consent grievance at the appropriate Step, occurs more than five (5) working days after an Employee became aware, or reasonably ought to have been aware, of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature occurrence of the grievance, the article(s) violated if any and the remedies soughtcircumstances giving rise thereto.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the 12.01 Any complaint, if the reply is unsatisfactory disagreement or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps difference of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held opinion between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Agreement, shall be considered a grievance.
12.02 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.
12.03 The Steps of the Grievance Procedure shall be as follows:
STEP I The employee, with or without the Shop ▇▇▇▇▇▇▇, shall take his grievance up with the Supervisor. The Employer shall take up his grievance with the employee concerned who shall have the right to have the Shop ▇▇▇▇▇▇▇ present.
STEP II Should a solution not be reached by Step I, then a Representative of the Union, accompanied by the employee and the Shop ▇▇▇▇▇▇▇, if the Union wishes, shall discuss the matter with Management. If no solution is reached, then the grieving party shall submit in writing its contention on the dispute. The other party shall reply in writing within seven (7) days. Failure to respond or failing settlement of the dispute at this stage shall cause the matter to be submitted to Arbitration as set out herein. Notwithstanding the above, if an authorized Agent of the Union claims a violation of this Agreement, he may invoke the Grievance Procedure at Step II as the grieving party on behalf of the Union or on behalf of any employee or employees concerned.
STEP III The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. The party receiving the notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Minister of Labour to appoint a nominee on behalf of such party.
STEP IV The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Minister of Labour.
12.04 Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration.
12.05 If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost.
12.06 The Board of Arbitration shall clearly not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties, regarding the rate of pay for a newly established, or altered classification not provided for herein, or a dispute under 23.02 herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award.
12.07 Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman.
12.08 Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth the nature in writing shall constitute cause to be argued before an Arbitration Board. The seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays.
12.09 If adverse statements are to be put into an employee's personnel file, a copy of the grievance, same will be given to the article(semployee with a copy sent to the Union within thirty (30) violated if any and days of the remedies soughtevent giving rise to the adverse statement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances Section 5.1 In this Article, a grievance shall be adjusted as quickly as possible. It is understood that an employee has no grievance until consist only of a dispute concerning interpretation and application of any clause in this Agreement, alleged violations of the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply Agreement, and alleged abuses of discretion by supervision in the treatment of employees contrary to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation terms of this Agreement. If any question arises as to whether a particular dispute is or is not a grievance, or relating to any terms or conditions within the meaning of employment these provisions, the question may be taken up through the Grievance Procedure and determined, if necessary by arbitration. There shall be dealt with in an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievances promptly through the following mannersteps:
Step 1 An 1: A grieving employee having a complaint shall present his grievance verbally to the Driveway Manager or his designate within three (3) work days after the occurrence of the matter which is the subject of the grievance, or within three (3) days of the employee becoming aware of the grievance. The employee may be accompanied by the appropriate ▇▇▇▇▇▇▇. There shall be an answer within (3) days of work.
Step 2: If the answer does not satisfy the employee involved, then the grievance shall refer it to her immediate Supervisor be presented in writing dated and signed to the Centre Manager or his designate within five (5) working days of work following receipt of the actual occurrence giving rise to the complaint or grievanceverbal answer. The grievance will clearly state Centre Manager or his designate shall meet with the name(s) of the grievor(s)grievor, the article(s) violated, appropriate ▇▇▇▇▇▇▇ and a full-time Union Representative if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing his presence is requested by either party within five (5) working days from of work following receipt of the date it was submitted.
Step 2 If further action is then to grievance by the Centre Manager. A written answer shall be taken, then given by the Centre Manager within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days work following the meeting.
Step 3 Should . If the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresgrievor is still not satisfied, then the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days of work following the meeting under Step 2 Centre Manager's reply.
Section 5.2 It is mutually agreed and understood that a grievance may be settled at any stage of the Grievance Procedure and that any grievance procedurenot processed within the time limits specified, the grievance or within such time limits as may be mutually agreed upon, shall be deemed to have been settled settled, and the same grievance shall not be the subject matter of a further grievancearbitrable.
7:02 Should two or more employees have a grievance of a similar nature, then it may Section 5.3 All monetary grievances that are mutually agreed upon shall be processed as one grievance at Step 1 of paid the pay day for the pay period in which the grievance procedure and throughout the grievance procedurewas mutually agreed upon.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree (a) It is the mutual desire of the employer and the union that all complaints and grievances shall be adjusted as quickly as possible. It is understood that an employee has no possible and processed in the manner hereinafter laid down in this article and in Article 12 of this agreement.
(b) A grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor under this agreement shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance be defined as any difference or dispute between the employer and any employee relating to the interpretation, application or alleged violation administration of this Agreementagreement, or relating including any questions as to any terms or conditions of employment whether a matter is arbitrable and an allegation that this agreement has been violated.
(c) When, as hereinafter required in this Article, a grievance is to be submitted in writing, such grievance shall be dealt in writing on a form to be supplied by the Union and such written grievance shall contain a concise statement of the matter complained of and the redress sought and shall be signed by the employee writing the grievance.
(d) Any time limit referred to in this Article and/or in Article 12 of this Agreement with which any procedure is required to be taken or within which any decision is required to be delivered or within which any notice is required to be given shall be calculated exclusive of Saturdays, Sundays and paid holidays as defined in this Agreement.
11:02 The parties agree that reasonable efforts ought to be made to resolve complaints informally before resorting to the following manner:formal grievance procedure. Accordingly, before a complaint is reduced to writing, any employee who has a complaint may, with the presence of a committee person if desired, discuss the matter with her manager within five (5) working days after the employee knows or ought to have known of the circumstances giving rise to the complaint. The manager shall give a verbal response to the employee or union representative within five (5) working days of receiving the complaint.
Step 1 An Should the complaint remain unresolved, the employee having and committee person may submit a complaint or written grievance signed by the employee to her manager within five (5) working days from the time the verbal response was received. The grievance shall refer it identify the nature of the grievance and the remedy sought. The manager will deliver her decision, in writing, within five (5) working days following the day on which the grievance was presented to her immediate Supervisor her.
Step 2 A grievance which has not been settled at Step 1, may be presented, in writing, to the Employer Grievance Committee no more than five (5) working days after the union has received the written reply under Step 1. The Employer Grievance Committee shall meet with the union representative(s) within five (5) working days of receipt of the grievance and shall render it’s decision in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administratorsuch meeting. A meeting will then be held between Local Representative or the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a National Union Representative of the Union may also be present in attendance at the request of either the employee or the Employerthis meeting. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any If a grievance under the foregoing procedures, the grievance is not settled it may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievanceas provided hereinafter.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The SECTION 1 In a mutual effort to provide harmonious working relations between the parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating it is agreed to any terms or conditions of employment and understood by both parties that there shall be dealt with in a procedure for the following manner:resolution of grievances or misunderstandings between the parties arising from the application or interpretation of this Agreement.
Step 1 An 1. The aggrieved employee having a complaint or shall discuss the grievance shall refer it to her with his immediate Supervisor in writing supervisor within five (5) working calendar days not including Saturday, Sunday, or holidays of the actual occurrence giving which gave rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply An association representative may be present to represent the employee, giving if the answer employee desires him present. The immediate supervisor shall attempt to adjust the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then matter and/or respond to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator calendar days not including Saturday, Sunday, or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meetingholidays.
Step 3 Should 2. If the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedureshas not been satisfactorily resolved, the aggrieved employee and the association representative, if the employee wishes his assistance, shall reduce the grievance may be referred to arbitration by either writing, stating the Employer or specific provision of this Agreement the Unionemployee believes has been violated and what remedy is requested. If no The employee shall present such written request for arbitration is received in accordance with Section 8:01 within five (5) working days after grievance to the decision under Step 2 is given or Chief within ten (10) working calendar days not including Saturday, Sunday and holidays from the time the immediate supervisor’s response was due in Step 1.
Step 3. If the grievance has not been satisfactorily resolved in Step 2, the employee or the association, if the employee wishes its assistance, may present a written appeal to the City Manager within ten (10) calendar days following the meeting under Step 2 receipt of the grievance procedurechief’s response not including Saturday, Sunday or holidays. The City Manager shall meet with the grievance shall be deemed to have been settled employee and the same grievance shall not be association representative if the subject matter employee wishes him present, within ten (10) calendar days of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 receipt of the Step 3 grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.not including
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 9.01 Any complaint alleging violation, misinterpretation or misapplication of the terms of this agreement relating to rates of pay, wages, hours of work or any other working conditions shall first be taken up orally by the employee and their ▇▇▇▇▇▇▇ with the employee's immediate Supervisor.
(a) If after the above discussion has taken place, any such complaint which remains unsatisfied may then be submitted in writing by the ▇▇▇▇▇▇▇, on the form provided by the Company and signed by the employee, and shall then constitute a grievance. All grievances should, as far as is possible, identify the article, clause or clauses of this agreement, which are claimed to have been violated.
(b) On a group complaint, the ▇▇▇▇▇▇▇ shall first discuss such complaint with the immediate supervisor. Either party may request that one or more employees are present during such discussion. If the complaint remains unsatisfied the ▇▇▇▇▇▇▇ may then submit the complaint in writing and signed by the aggrieved employees, at which point it shall then constitute a grievance.
(c) Grievances may be processed immediately to Step Three, if mutually agreed between the Company and the Union.
(d) It is agreed that when the nature of the complaint is such that the ▇▇▇▇▇▇▇ requires assistance, he/she may request through the supervisor the presence of the Chairperson during such discussion.
(e) It is agreed and understood that all complaints and grievances should be presented within three (3) working days from the time the alleged breach becomes known or should have become known to the aggrieved employee or party.
9.02 STEP ONE The parties agree that grievances written grievance, as defined above, shall be adjusted as quickly as possiblepresented by the ▇▇▇▇▇▇▇ to the Supervisor. It Within three (3) working days of this presentation, the recipient will render their decision personally to the ▇▇▇▇▇▇▇, noting their conclusion in writing and countersigning the grievance form.
9.03 STEP TWO If no agreement is understood reached at Step One, then within three (3) working days of that an employee has decision the Committeeperson shall take up the grievance with the Department Manager, or their designate. Within three (3) working days of this presentation, the recipient will render their decision personally to the Committeeperson, noting their conclusion in writing and countersigning the grievance form. If the Department Manager or their designate and Committeeperson mutually agree, the employee, ▇▇▇▇▇▇▇ and Supervisor involved may participate in Step Two.
9.04 STEP THREE If no agreement is reached at Step Two, then within three (3) working days of that decision the Chairperson may appeal the grievance until to the employee has given Human Resources Manager or their supervisor an opportunity to adjust their complaintdesignate. The supervisor shall have two grievance will then be discussed at a meeting between the Plant Committee and the Company, to be held no later than the next scheduled Union/Management meeting. An agenda will be submitted forty-eight (248) days to reply hours prior to the complaintscheduled meeting date. Within three (3) working days after such meeting, if the reply is unsatisfactory Human Resources Manager or if their designate, shall give a written answer on the supervisor fails grievance to reply within the two (2) days Chairperson.
9.05 Policy or group grievances initiated by the employee may proceed Company or by the Union will be originated at the Third Step of the Grievance Procedure, with strict adherence to the terms of the Third Step of the Grievance Procedure.
9.06 Grievances dealing with suspensions greater than one day shall commence with the steps third step of the grievance procedure. Any grievance or dispute relating Prior to leaving the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s)plant, the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the suspended employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given the opportunity to meet in writing within five the Union office with the Plant Chairperson or the shift Committee person for a reasonable time, up to one (51) working days following the meetinghour.
Step 3 Should 9.07 The time limits foreseen at the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 various steps of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure Grievance Procedure may be extended by the written mutual consent of the by both parties.
7:05 When 9.08 No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance Procedure.
9.09 Failing a satisfactory settlement as in Third Step, the Grievance may be submitted to Arbitration as outlined in Article 10 of this Agreement.
9.10 Any grievance is submitted not presented and/or carried forward within the time limits as set forth under any steps of the Grievance Procedure and Arbitration Procedure, or any longer periods which may have been mutually agreed upon, shall be deemed null and void.
9.11 Any grievance not answered by the Company or by the Union, within the time limits as set forth under the grievance procedure or any longer periods which may have been mutually agreed upon will result in writing the grievance being withdrawn by either the Employer, the Union or an employee it shall clearly set forth settled in the nature of the grievance, the article(s) violated if any and the remedies soughtgrievor’s favour without prejudice or precedence.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree 25.01 Parties to this agreement believe that grievances shall be adjusted it is important to adjust complaints and grievances, as quickly as possible. It is understood that an employee has no grievance until Notwithstanding any provision contained in this article, any nurse and/or the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two Association may present a complaint of general application within fifteen (215) days to reply to from date of occurrence, without recourse of the complaintformal written procedures herein described.
25.02 A nurse may lodge a complaint or grievance, if she feels that the reply is unsatisfactory or if the supervisor fails Employer has acted contrary to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating this agreement, in regards to the its interpretation, application application, administration, or alleged violation or if she has been unfairly disciplined or discriminated against.
25.03 In all steps of this Agreementgrievance and complaint procedure, an aggrieved nurse, if desired, may be accompanied or relating represented by her committee member or nurse representative.
25.04 The following procedures shall apply for handling complaints and grievances: Prior to any terms or conditions advancing a grievance, the nurse shall attempt verbally to settle the issue with the Director of employment shall Care and should the issue not be dealt with resolved, the nurse may proceed in the following manner:.
Step 1 An employee having A nurse shall lodge a written complaint or with the Director of Care not later than seven (7) working days following the occurrence of the event giving rise to the complaint. The Director of Care shall give her written reply within five working (5) days of the receipt of the written complaint and, if the decision is unsatisfactory to the complainant, Step 2 may be followed within a further seven (7) working days.
Step 2 Failing a satisfactory settlement under Step 1, the grievance shall refer it be reduced to her immediate Supervisor in writing within writing, dated and signed, and shall be presented to the Administrator of Rideaucrest Home For The Aged. Within five (5) working days after a grievance has been referred to her/him, the Administrator or her/his designated representative will meet with the Chair of the actual occurrence giving rise Grievance Committee to discuss the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requestedEither party may have representatives or consultants attend this meeting. The Supervisor shall A written reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to will be taken, then given within five (5) working days after the decision this meeting is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing held. If such reply is not satisfactory to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresnurse, the grievance may be referred to arbitration by either the Employer or Director of Human Resources at Step 3. Failing a satisfactory settlement under Step 2, the Uniongrievance shall be presented to the Director of Human Resources. If no written request for arbitration is received in accordance with Section 8:01 within five Within ten (510) working days after a grievance has been referred to her/him, the decision under Step 2 is Director or her/his designated representative will meet with the Association Committee to discuss the grievance. Either party may have representatives or consultants attend this meeting. A written reply to the grievance will be given or within ten (10) working days following after this meeting is held. If such reply is not satisfactory to the meeting under Step 2 of the grievance procedurenurse, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedurereferred to an Arbitration Board, or, upon mutual agreement, a single arbitrator.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 27.1 The parties agree that grievances shall be adjusted as quickly as prior to filing a grievance, the employee parties will attempt to resolve the grievance informally at the lowest level possible. It is understood agreed that a Union ▇▇▇▇▇▇▇ may be present at any level of this process. In the event the matter cannot be settled in this fashion, the parties agree that any dispute which may arise between the parties concerning the application, meaning or interpretation of this Agreement shall be settled in the following manner and shall be the exclusive means for resolving such disputes. It is also agreed that at any step of the process, at the request of either side, the parties shall meet to try to resolve the grievance.
(a) Step 1: The employee and/or Union shall initiate a grievance in writing submitted on an official grievance form (attached as Appendix B or the employee and/or Union may use the official SEIU Grievance Form) to the immediate supervisor within twenty-one (21) calendar days of its occurrence or within twenty-one (21) calendar days of the time the employee or Union has knowledge or by reasonable diligence should have known of the alleged grievance. The written grievance shall contain all the specific information required on the official grievance form. As an alternative to submitting a written grievance form, the employee and/or Union may initiate a grievance by sending an email that contains all the specific information required on the official grievance form. If the grievance is initiated by an employee has no grievance until other than a member of the employee has given their supervisor an opportunity Union Leadership team or a Union ▇▇▇▇▇▇▇, the City shall include the Union in its Step 1 response to adjust their complaintthe employee. The supervisor shall have two attempt to resolve the matter and report in writing the decision within fourteen (214) calendar days to reply from the date it is submitted to the complaintsupervisor. If the grievance is being initiated by employees with more than one supervisor, if it may be filed at Step 2 at the reply is unsatisfactory or if option of the supervisor fails to reply within employees.
(b) Step 2: If the two (2) days grievance has not been settled at Step 1, the employee may proceed with the steps of and/or Union shall present the grievance procedure. Any grievance or dispute relating to the interpretation, application designated Department Head within fourteen (14) calendar days from the date the response was due or alleged violation of this Agreement, or relating received (whichever comes first) from the supervisor. The Department Head shall attempt to any terms or conditions of employment shall be dealt with in resolve the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor matter and report in writing the decision within five fourteen (514) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working calendar days from the date it was submitted to the Department Head.
(c) Step 3: If the grievance has not been settled at Step 2, the employee and/or Union shall present the grievance to the City Manager or City Manager’s designee within fourteen (14) calendar days from the date the Department Head's response was due or received (whichever comes first). The City Manager or designee shall attempt to resolve the grievance and report in writing the decision within fourteen (14) calendar days from the date it is submitted.
(d) Step 2 4: If further action the grievance is then not settled at Step 3, the Union shall file a notice of intent to be taken, then arbitrate the grievance with the Human Resources Director within five thirty (530) working calendar days after of the date the decision of the City Manager or designee is given in Step 1due or received (whichever comes first). The parties may, prior to selecting an arbitrator, mutually agree to have the dispute mediated by the State Conciliation Service. Within fourteen (14) calendar days of receiving the list of arbitrators pursuant to Article 27.2, the employeeparties shall select an arbitrator by the method of alternately striking names from the list. The Union shall strike the first name, who the City shall strike the second name and so on, with the exception of disciplinary cases wherein the order of striking names shall be reversed, with the remaining person being the arbitrator. If the selected arbitrator is not able to schedule the hearing within ninety (90) calendar days of being notified of his/her selection, the parties may request mutually agree to select an alternate arbitrator from the assistance of her Committeeperson, shall submit panel.
(e) The Union and the City may mutually agree to pause all grievance timelines before or at any point during the grievance procedure to enter a concerted resolution process. This process must be agreed upon by both parties, in writing writing, in which the duration of pause must be specified in the agreement. Upon pausing the grievance timeline to enter a concerted resolution process, the concerted resolution negotiations will remain with the supervisor or manager in which the current step of the grievance resides, but will also include the Employee and Labor Relations Manager.
27.2 Unless the parties mutually agree upon an arbitrator, the Union shall, within thirty (30) days of the Union’s notice to proceed to arbitration, submit a written request to the AdministratorOregon Employment Relations Board that it submit to the parties a list of the names of seven (7) Oregon/Washington arbitrators. A meeting will then The arbitrator shall set a hearing date and shall render a decision within thirty (30) calendar days of the hearing. The power of the arbitrator shall be held between limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall only consider the Administrator or her designated representative facts presented to the arbitrator; and the employee within five (5) working days. It is understood that at such a meeting arbitrator shall have no authority to add to, subtract from, ignore or amend the Administrator express terms of this Agreement or her designated representative to interpret and apply any provision of law other than ORS Chapter 243 as s/he may have such counsel and assistance as she may desire and that believe relevant to the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employerissue presented. The decision of the Administrator or her designated representative arbitrator shall be given in writing within five (5) working days following final and binding on both parties. The cost of the meetingarbitrator shall be borne equally by the parties. Each party shall be responsible for costs of presenting its own case to arbitration.
Step 3 Should the Administrator fail to render her decision as required 27.3 Any time limits specified in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be waived or extended by the mutual written consent of the parties. The Union's or employee's failure to submit the grievance in accordance with these limits without such waiver shall constitute abandonment of the grievance. A grievance may be terminated at any time upon receipt of a signed statement from the Union or employee that the matter has been resolved.
7:05 When 27.4 Resolution of a grievance is submitted in writing by either at any step of the Employerprocedure shall be final and binding upon the City, the Union and the affected employees.
27.5 The arbitration shall be limited to the specific issues raised in the written grievance filed by the employee or an employee it shall clearly set forth the nature of Union and any other specific issues raised at the grievancesteps in the grievance process. In the event that the parties dispute timeliness for matters submitted to arbitration, the article(s) violated if arbitrator will be limited to hear the timeliness arguments first, including any and closing summation by the remedies soughtparties. The arbitrator will then rule from the bench on the timeliness issue.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 10.1 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have Corporation will recognize a "Union Committee" of two (2) days to reply employees and the Business Manager, or the Assistant Manager of the Union as an alternate to the Business Manager, as a Grievance Committee to deal with all grievances up to Step three (3) in the Grievance Procedure. The Corporation shall not recognize such Committee, or any member of such Committee, until notified of the Committee's membership by Registered Mail.
10.2 It is recognized that a grievance can be settled quickest and easiest between the regular employee or group of regular employees and the immediate supervisor. It is incumbent therefore that a regular employee(s) who feels that he/she has a reasonable complaint, if shall first approach his/her immediate supervisor with a view to settling the reply is unsatisfactory or if the supervisor fails difference(s) in an informal manner.
10.3 All written grievances referred to reply within the two (2) days the employee may proceed with the steps in this article shall include, as a minimum, a statement of the following:
1. The grievance
2. The part of the agreement violated.
3. The redress sought
10.4 Step 1 - Any regular employee or group of regular employees having a grievance procedure. Any grievance or dispute relating and having completed 10.2, shall make it known to the interpretation, application Grievance Committee and/or Chief ▇▇▇▇▇▇▇ or alleged violation Unit Chairperson who shall meet to consider the Union’s course of this Agreement, action on the matter. The Grievance Committee shall present the written grievance to the Supervisor or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing Director within five (5) working days of the actual occurrence incident giving rise to the complaint grievance, or grievance. The grievance will clearly state the name(sfive (5) days after return to work of the grievor(s), party having the article(s) violated, if anygrievance, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within Supervisor/Director will then have five (5) working days from following receipt of the date it was submittedgrievance in which to render his answer in writing.
10.5 Step 2 If further - Failing a satisfactory settlement at Step 1, the Grievance Committee shall take the grievance to a problem solving meeting between the Grievance Committee and the appropriate Management personnel. This meeting will be arranged at a time satisfactory between the two (2) parties, but will be no later than ten (10) working days. After the problem solving meeting, the President & CEO shall have five (5) working days in which to render a decision.
10.6 Step 3 - Each of the parties hereto agrees that any dispute or grievance, which has been carried through all Steps of the Grievance Procedure, and has not been settled to the mutual satisfaction of the parties hereto, will be referred to a mutually agreed upon Settlement Officer prior to a Board of Arbitration. Once a grievance is referred to a Settlement Officer and/or a Board of Arbitration, the Company and the Union will equally share in the costs of the Settlement Officer and/or Board of Arbitration. The Company will be responsible for the wages of the union members of the Grievance Committee for the Settlement Officer meeting, to a maximum of one (1) day. The Union will be responsible for the wages of the union members of the Grievance Committee for any days beyond the first day for the Settlement Officer meeting and for all days pertaining to Arbitration.
10.7 The party requesting the Board of Arbitration shall notify the other party in writing, and at the same time will nominate its appointee to the Board of Arbitration. This action is then to shall be taken, then taken within five (5) working days after the decision is given in completion of Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator3. A meeting will then be held between the Administrator or her designated representative and the employee within Within five (5) working days. It is understood that at such a meeting days thereafter, the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at party receiving the request will nominate its appointee to the Board of either the employee or the EmployerArbitration. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.two
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree 5.01 It is the mutual desire of the Corporation and the Union that grievances the complaints of employees shall be adjusted addressed as quickly as possible. It possible and it is understood that an employee has no grievance until the employee he/she has first given their supervisor his/her Supervisor an opportunity to adjust their his/her complaint. When an employee has a complaint arising out of the interpretation, operation, administration or alleged violation of the terms of this agreement, he/she shall present his/her complaint to his/her immediate Supervisor no later than fifteen (15) working days following the date upon which he/she should have become aware of the circumstances which led up to the complaint. In discussing his/her complaint the employee may be accompanied by his/her ▇▇▇▇▇▇▇ if the employee so desires. In the case of a complaint requesting a monetary settlement, this limitation shall be extended to one (1) calendar year. The supervisor employee's immediate Supervisor shall have two three (23) working days to verbally reply to the complaint. Failing satisfaction, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee complaint may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:manner and sequence.
Step 1 An employee having a complaint or grievance Written grievances shall refer it to be on forms supplied by the Union. Within five (5) working days of receiving the verbal reply from his/her immediate Supervisor on a complaint, the Unit Grievance Committee may submit the grievance in duplicate, in writing, to the Manager or designate. A meeting will be held within five (5) working days with the Manager and/or a designate, a representative of the Human Resources Department, the Grievor and up to two (2) members of the Unit Grievance Committee in attendance. The Manager shall render his/her decision in writing within three (3) working days.
Step 2 Failing a settlement in Step 1 of the Grievance Procedure, the Unit Grievance Committee may refer the matter to the Director within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after receiving the decision is given in Step 1, . The Corporation’s Grievance Committee (composed of the employee, who may request Director or their designate and a Human Resources representative) will meet with the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative Unit Grievance Committee and the employee Grievor within five ten (510) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union A Representative of the Canadian Union of Public Employees may also be present at the request of either the employee or the Employerparty. The Corporation may engage Counsel if so desired. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail 5.02 Subject to render her decision as required in Article 5.13, failing settlement under Step 2 or failing settlement of any grievance under differences between the foregoing proceduresparties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the grievance matter is arbitrable, such difference may be referred taken to arbitration by either the Employer or the UnionArbitration as provided in Article 6 herein. If no written request for arbitration notification is received within forty (40) calendar days after the decision in accordance Step 2 is given, it shall be deemed to have been abandoned.
5.03 Any complaint or grievance concerning or affecting a group of employees and those defined under Article 8.05 (e) shall be originated under Step 2.
5.04 A policy grievance procedure is hereby recognized whereby either party to this Agreement may submit any matter in dispute to grievance, beginning at Step 2 of the Grievance Procedure. However, such a grievance shall not include matters upon which employee(s) are personally entitled to grieve. The time limits in Article 5.01 shall apply.
5.05 The time limits provided under the Grievance Procedure may be extended, in writing, by mutual agreement of the parties.
5.06 All decisions arrived at between the representatives of the Corporation and the Union shall be final and binding upon the Corporation, the Union and the employee or employees concerned.
5.07 A claim by any employee who has completed his/her probationary period that he/she has been unjustly discharged or suspended for three (3) working days or more shall be treated as a grievance if a written statement of such grievance is lodged with Section 8:01 the Corporation at Step 2 within five (5) working days after the decision discharge or suspension is effected. Such grievance may be settled under Step 2 the Grievance or Mediation Procedure by:
a) Confirming the Corporation's action in dismissing or suspending the employee;
b) Reinstating the employee with full compensation for the time lost; or
c) By any other arrangement which may be deemed just and equitable.
5.08 When an immediate Supervisor or Manager feels that it is given necessary to demote, suspend or within ten (10) working days following the meeting under Step 2 of the grievance proceduredismiss an employee, the grievance disciplinary action shall be deemed to have been settled made in private and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it employee being reprimanded may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended accompanied by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.not more than two
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until For the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation purpose of this Agreement, grievance means any differences between the parties to the Agreement concerning its interpretation, application, administration or relating to any terms or conditions of employment alleged contravention. Should a grievance arise, it shall be dealt with in the following manner:
Step 1 An manner outlined in this article. If an employee having has a complaint grievance which she wishes to discuss with the Employer, it shall first be presented verbally to the Team Manager or grievance shall refer it to her immediate Supervisor in writing representative, within five seven (57) working days of the actual occurrence giving of the facts which gave rise to the complaint grievance or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it on which those facts should have reasonably been known to the The Team Manager shall respond verbally within seven (7) days following the date when the grievance was submitted.
Step 2 first taken up. If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request ’s grievance is not settled to her satisfaction or if there is no reply by the assistance Team Manager within the delay indicated at article within twenty-one (21) days of the occurrence of the facts which gave rise to the grievance or from the date on which those facts should have reasonably been known to the the shall sign and submit her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator Team Manager or her designated representative representative. The grievance must refer to the articles of the Agreement allegedly violated and include the employee within five (5) working daysredress sought. It is understood that at such a meeting the Administrator The Team Manager or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeepersonmust, and the Chairperson or a Union Representative on receipt of the Union may also be present at grievance, acknowledge receipt thereof by signing and dating the request of either the employee or the Employergrievance form. The decision of the Administrator Team Manager or her designated representative shall be given render her decision, in writing writing, within five seven (57) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement receipt of any grievance under the foregoing procedures, her grievance. If the grievance may be referred to arbitration by either is not resolved with the answer from the Employer or the Union. If if no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 answer is given or at the preceding step, within ten (10) working days from the answer or from the expiry of the delay to provide one, the Union must refer the grievance to step by advising, in writing, the Operations Manager. Unless otherwise agreed to in writing, a meeting between the Union and the Employer will be held within thirty (30) days of the referral of the grievance to step At the Union's or Employer's request, the concerned employee will participate at the said meeting. The Operations Manager or her representative shall render her decision, in writing, within ten (10) days following the meeting. If a meeting under Step 2 is held and the grievance is not resolved with the answer from the Employer or if no answer is given by the Employer within the delays indicated at article the Union must refer the grievance to arbitration within thirty (30) days from the Employer's answer or of the expiration of the delay to provide one. A grievance directly affecting the Employer or the Union as a party to the Agreement must be filed, in writing, to the other party within twenty one (21) days of the occurrence of the facts which gave rise to the grievance, directly at step of the grievance procedure, making the grievance shall be deemed to have been settled necessary adjustments. The parties will observe the procedure and the same grievance shall not be time limits set out in this article. However, the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it parties may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any agree in writing to extend any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.limits. ARTICLE ARBITRATION
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances 8.01 A grievance shall be adjusted defined as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance any difference or dispute between the Employer and any employee or the Union relating to the interpretation, application or alleged violation administration of this Agreement, or relating to any terms or conditions and an allegation that this Agreement has been violated. It is the mutual desire of employment the parties hereto that complaints of employees shall be dealt with addressed as quickly as possible. Accordingly, all complaints and grievances shall be taken up in the following manner:
Step 1 follow manner An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five seven (57) working calendar days of the actual occurrence giving rise leading to the complaint or grievancecomplaint. The grievance will clearly state shall be in writing, signed by the name(s) employee and shall identify the nature of the grievor(s)grievance, the article(s) remedy sought and should identify the provisions of the Agreement which are alleged to have been violated. At this Stage, the employee may be accompanied by a Union ▇▇▇▇▇▇▇, if any, and the corrective action requestedshe so desires. The Supervisor shall reply in writing to the employeeemployee in writing, giving the answer to the complaint or grievance in writing within five seven (57) working calendar days from the date it was submitted.
of submission. Failing settlement at Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1I, the employee, who employee may request refer the assistance of her Committeeperson, shall submit the written grievance in writing within seven (7) calendar days to the Administratorcorporate Human Resources Manager or designate of the Employer. A meeting will then The Human Resources Manager or designate shall meet with the grievor, and one member of the Union ▇▇▇▇▇▇▇ Committee within seven (7) calendar days of the submission of the grievance, or within such timeframe as may be held between extended by mutual agreement of the Administrator or her designated representative and the employee within five (5) working daysparties. It is understood that at such a meeting the Administrator corporate Human Resources Manager or her designated representative designate may have such counsel and or assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a LIUNA Union Representative of the Union representative may also be present at the request of either the employee or the Employerpresent. The decision corporate Human Resources Manager or designate shall give his written reply within seven (7) calendar days of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
. Failing settlement at Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance II, under the foregoing proceduresprocedure, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 party within five eighteen (518) working calendar days after the decision under Step 2 is has been given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of II, in accordance with the grievance procedure and throughout the grievance procedureset out in Article 9.01.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The 8.01 It is the mutual desire of the parties agree hereto that grievances complaints of employees shall be adjusted as quickly as possible.
8.02 Complaints or grievances properly arising under this Agreement shall be adjusted and settled as follows: Step No. It is understood that 1 If an employee has no grievance until any complaints or questions which he wishes to discuss with the Company, he shall take the matter up with his Department Head, unless the employee has given their supervisor feels uncomfortable dealing directly with the Department Head in which case he may discuss the matter with another member of management other than those designated in the grievance procedure and may be accompanied by his shop ▇▇▇▇▇▇▇ if he requests such assistance. No complaint shall be considered where the circumstances giving rise to it occurred or originated more than five (5) full working days before taking it up with his Department Head, unless the employee feels uncomfortable dealing directly with the other than Department Head in which case he may discuss the matter with member of management those designated in the grievance procedure. However, where an opportunity employee’s complaint is of such a nature that the employee concerned could not have been aware of the alleged occurrence at the actual date of same, the complaint shall be deemed, for all purposes, to adjust their complainthave occurred on the first date on which the employee could reasonably have had such awareness. Any settlement reached at this stage of the grievance procedure shall not adversely affect any rights or benefits of any other bargaining unit employee(s) and shall be on a without prejudice basis. If such complaint is not settled to the satisfaction of the employee concerned within twenty-four (24) hours, or within any longer period which may be mutually agreed at the time, then the following formal steps of the grievance procedure may be invoked in order. Step No. 2 Failing settlement at Step 1 or failing receipt of a response within the time limits prescribed therein, any employee having a grievance or any one employee who is designated as a member of a group of employees having a grievance shall then take the grievance up with the Local Union. The supervisor Local Union shall reduce the grievance to writing and present same to the Director of Human Resources Services or his/her designate within five (5) days after receiving the reply at Step 1 or within five (5) days of the date on which the reply at Step 1 should have been received. The grievance shall contain the names of all the employees who have the same grievance. The Director of Human Resources Services or his/her designate shall deal with the grievance and provide his answer to the Local Union Office in writing within two (2) days to reply to after he received the complaint, if grievance. If the reply matter is unsatisfactory not settled at Step 2 or if the supervisor fails to reply failing receipt of a response within the two (2) days time limits prescribed therein the employee may proceed Local Union representative shall take up the grievance with the steps of the grievance procedure. Any grievance Hotel’s General Manager or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing his designated representative within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Local Union receives the answer from Step 1, 2 or the employee, who may request date the assistance of her Committeeperson, shall submit answer from Step 2 was due to be received. If the grievance in writing is not settled within a further period of forty-eight (48) hours after it has been presented to the Administrator. A meeting will General Manager or his designated representative, then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail party to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresthis Agreement, the grievance may be referred to arbitration, but the referral to arbitration by either the Employer or the Union. If no written request for arbitration is received must be made in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or writing within ten (10) working days following after the meeting under Step 2 period of the grievance procedure, the grievance shall be deemed forty-eight hours referred to have been settled and the same grievance shall not be the subject matter of a further grievanceabove has expired.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure 8.03 All time limits contained herein and throughout the grievance procedure.
7:03 For the purpose of the grievance in Article 9 and arbitration procedure, working days Article 11 shall exclude Saturdays, Sundays and paid declared holidays.
7:04 Any of . The parties are agreed that the time limits in the grievance and arbitration procedure outlined herein may be extended by the written consent of the partiesmutual agreement in writing.
7:05 When 8.04 If a grievance is submitted in writing by either not processed within the Employertime limits set forth above, the Union or an employee it shall clearly set forth automatically proceed to the nature next step of the grievance, the article(s) violated if any and the remedies soughtgrievance procedure.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 9.01 The parties agree of this Agreement are agreed that it is of the utmost importance to resolve complaints and grievances shall be adjusted as quickly as possible. .
a. For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
b. An employee having a complaint shall first discuss it with his immediate supervisor within five (5) days of the actual occurrence, or within five (5) days of when the employee should reasonable be expected to have knowledge of the occurrence of the matter which is subject to the complaint.
c. It is understood that an employee has no grievance until the employee matter has given their been referred to his immediate supervisor and an opportunity given to adjust their complaint. The supervisor shall have two (2) days to reply to resolve the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the .
9.03 A grievance of an employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of properly arising under this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following mannerresolved and settled as follows:
Step 1 An The aggrieved employee having a complaint or shall present her grievance shall refer it in writing to her immediate Supervisor in writing supervisor within five (5) working days of the actual occurrence giving rise to time of the complaint discussion as described in Article 9.02 above. She shall have the assistance of her ▇▇▇▇▇▇▇ if she so desires. A grievance affecting two or more employees in one Department may be initiated in writing on the signature of the ▇▇▇▇▇▇▇ of that Department, provided all employees affected are specified in some manner on the grievance. The grievance will clearly state the name(s) shall consist of the grievor(s), the article(s) violated, if any, a statement of facts and the corrective action requestedrelief sought. The Supervisor shall reply If a settlement satisfactory to the employee, giving the answer to the complaint or grievance in writing employee concerned is not reached within five (5) working days from (or any longer period which may be mutually agreed upon (in writing)), the date it was submitted.
next Step 2 If further action is then to in the Grievance Procedure may be taken, then taken at any time within five (5) working days after the decision is given in thereafter.
Step 1, the employee, who 2 The aggrieved employee may request the assistance of her Committeeperson, shall submit the his grievance in writing to the Administrator, who shall consider it in the presence of the employee or employees presenting same and the supervisor and render his decision in writing within the time limit allowed. The aggrieved employee shall have the assistance of his ▇▇▇▇▇▇▇, if he so desires. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present will attend such meetings, at the request of either party. Should no settlement satisfactory to the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing reached within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to a Board of Arbitration, as provided in Article 10, at any time within a further ten (10) working days thereafter, but not later. In addition to the referral to arbitration it is understood that the parties may by either mutual agreement refer any grievance to grievance mediation within the Employer or ten (10) working day period set out above.
9.04 If a final statement of the Union. If no written request for arbitration grievance under Article 9.03 hereof, is received in accordance with Section 8:01 not completed within five (5) working days after the decision under date of the meeting referred to in Step 2 above, and if the grievance is given one which concerns the interpretation, application, administration, or alleged violation of the Agreement, the grievance may be referred by either party to a Board of Arbitration, as provided in Article 10, at any time within a further ten (10) working days following the meeting under thereafter, but not later. A Union or Employer policy grievance may be initiated in writing at Step 2 within the time limits set out in Article 8.05, and shall be processed to arbitration in accordance with the time limits set out in Step 2.
9.05 If, at any stage of the Grievance Procedure, a grievance procedureis not submitted or advanced within the time limit provided, or the grievance extension of any time limit agreed upon by the parties in writing, it shall be deemed to have been settled be abandoned and the same grievance shall not be the subject matter of a further grievancesettled.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree For the purpose of this Agreement, the term "grievance" means any contractual dispute between the Port and the Union; or between the Port and any employee concerning the effect, interpretation, application, claim of breach, or violation of this Agreement. All grievances not filed within fifteen (15) days after they occur, or first knowledge that a grievance exists, shall be considered as outdated, thus preventing an accumulation of grievances. All grievances shall be adjusted as quickly as possible. It is understood that an employee has no reduced to writing and shall contain a statement of the relevant facts, the specific section(s) of the Agreement allegedly violated and remedy sought and then settled in accordance with the following grievance until procedure:
a) The dispute or grievance shall be taken up by the employee has given their supervisor an opportunity to adjust their complaintShop ▇▇▇▇▇▇▇, the aggrieved employee, and the manager of the department involved. The supervisor manager must give his/her answer within five (5) calendar days. If no satisfactory settlement is reached between the Shop ▇▇▇▇▇▇▇ and the manager, then
b) The Shop ▇▇▇▇▇▇▇ shall have two within seven (27) calendar days to reply to call in a representative of the complaintUnion who shall meet with the authorized Labor Relations representative of the Port and Shop Committee, if any.
c) If the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to involves a dispute concerning the effect, interpretation, application application, claim of breach, or alleged violation of this Agreement, or relating to any terms or conditions of employment shall and if it cannot be dealt with in the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or satisfactorily resolved within ten (10) working calendar days following by the meeting under Step 2 business representative of the Union and the Port or the Port's representative, then either party reserves the right and authority to submit such grievance procedureor dispute to arbitration in the manner herein provided.
d) However, the grievance shall or dispute must be deemed submitted to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 arbitration within thirty (30) calendar days after completion of the grievance procedure and throughout in paragraph (c) above.
e) The aggrieved employee or the Shop ▇▇▇▇▇▇▇ shall have the right to call in the Union representative at any step of the grievance or arbitration procedure.
7:03 For . Either party to this Agreement shall be permitted to call employee witnesses at each and every step of the grievance procedure beginning with Step (c); the Port, on demand, will produce production, payroll, and other records for the purpose of substantiating the contentions or claims of the parties. The grievance procedure and arbitration provided herein shall constitute the sole and exclusive method of determination, decision, adjustment, or settlement between the parties of any and all grievances as herein defined; and the grievance procedure and arbitration procedureprovided herein shall constitute the sole and exclusive remedy to be utilized by the parties hereto for such determination, working days decision, adjustment, or settlement of any and all grievances as herein defined. Any time specified herein shall exclude Saturdaysnot include any time on any Saturday, Sundays and paid holidays.
7:04 Any of the time Sunday or holiday. Time limits in the grievance and arbitration procedure may be extended by the written consent of the partiesmutual agreement.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted Section 1: For the purposes of this Agreement, the term "grievance" is defined as quickly as possible. It is understood that an employee has no grievance until a dispute between the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to University and ONA, or between the complaintUniversity and a nurse concerning the interpretation and/or application of, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretationcompliance with, application or alleged violation any provision of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a other complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) dispute concerning employee relations, working days of the actual occurrence giving rise to the complaint conditions and/or unjust or grievanceinequitable treatment. The grievance will clearly state parties strongly encourage the name(s) informal resolution of complaints, disputes, or potential grievances with the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submittednurse's immediate supervisor.
Step 2 1. A nurse having a grievance may take it up in writing with the nurse's immediate supervisor, or other designated management representative, either alone or accompanied by a representative of ONA, if the nurse so wishes. Any such grievance shall be presented within ten (10)
Step 2. If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing is not settled at Step 1 of this procedure, it may be presented to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present Human Resources at the request of either the employee Medical Center, or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresdesignee, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following after the meeting under Step 2 step one response. The Administrator of Human Resources at the Medical Center or designee, the grievant, no more than three (3) representatives of the grievance procedureUniversity, and no more than four (4) representatives of ONA, of which no more than two (2) shall be University employees who would otherwise be on duty, shall meet within ten (10) working days after the appeal has been filed unless good cause is shown and agreed by the parties. Also present at this meeting shall be the Director of Employee Relations, or designee, who may actively participate in the meeting. The Administrator or designee shall respond in writing within ten (10) working days after the parties' last meeting. A copy of said answer will be sent to the grievant, the grievance shall be deemed to have been settled ONA representative, and the same grievance shall not be the subject matter of a further grievanceOSUNO President or designee.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of 3. If the grievance procedure and throughout is not resolved as provided in Step 2, ONA may submit the grievance procedureissue to arbitration. ONA must notify the Administrator of Human Resources at the Medical Center in writing within forty-five (45) calendar days of its intention to do so.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the Section 2: The time limits limitations provided for in the grievance and arbitration procedure this Article may be extended by the written consent mutual agreement of the partiesUniversity and ONA. Working days as used herein shall not include Saturdays, Sundays, or holidays. In the event the Medical Center does not respond timely at Step 1 or Step 2 of Section 1, then the ONA may advance the grievance to the next step by written notification to the Medical Center.
7:05 Section 3: Unless an extension is agreed to by the parties, any grievance which has not been assigned to an arbitrator within one hundred eighty (180) calendar days of the date of the request for arbitration is filed shall be deemed withdrawn without precedent.
Section 4: A grievance which affects a substantial number of nurses or which involves the disciplinary suspension or discharge of a nurse may initially be presented at Step 2 of Section 1. Grievances which affect a substantial number of nurses, including probationary nurses, may be filed by ▇▇▇. When a grievance is submitted filed which affects a substantial number of nurses, ONA may choose up to five (5) nurses to attend the hearing as grievants. Additional nurses may attend without pay by mutual agreement.
Section 5: Grievances may be processed during working hours. Nurses will be paid for time spent in writing grievance meetings, including time spent in preparation with ONA for one hour, and time spent in the hearing. Nurses will also be paid for time spent in arbitration, when such time is spent during their scheduled working hours. Time paid does not include time spent in travel, and is not subject to call-back procedures in Article 21.
Section 6: A grievance may be cancelled at Step 2 two times by either the EmployerONA or the nurse. ONA may proceed with the grievance without the nurse in attendance. If a grievance is cancelled at Step 2 a third time by ONA or the nurse, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies soughtis considered to be withdrawn without precedent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree 41.01 For the purpose of this Agreement a grievance is defined as a claim by an Employee, the Union, or the Employer that grievances shall be adjusted as quickly as possible. It there is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory a complaint or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute disagreement relating to the interpretationmeaning, application application, interpretation or alleged violation of this Agreement. A Union grievance shall concern matters of general application or those involving the interpretation/administration of the collective agreement. Although a Union grievance may affect a specific individual, or relating it is not intended to any terms or conditions bypass the regular grievance procedure provided for Employees.
41.02 A grievor shall have reasonable time off without loss of employment shall be dealt pay to consult her/his ▇▇▇▇▇▇▇ when meeting with the Employer in the following manner:grievance process.
Step 1 41.03 An employee having Employee who feels that s/he has a complaint or grievance shall refer it to her first discuss the matter with the immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or supervisor within ten (10) working days following of the meeting under Step 2 occurrence of the incident or cause giving rise to the grievance and may have a Union representative present during such discussions if so desired by the Employee. The supervisor shall provide the Employee with an answer to the grievance within three (3) working days of the discussions. When any matter cannot be settled by the foregoing informal procedure it shall be submitted to the steps of the grievance procedure, procedure specified in Article 41.05 and the supervisor shall be notified accordingly. Where the immediate supervisor is the Department Head the Employee may present the grievance at Step Two. In this event the grievance shall be deemed in writing, on the prescribed form (see Appendix "D"), shall specify the section or sections of this Agreement alleged to have been settled misinterpreted, misapplied or violated and shall specify the same redress sought. A copy of the written grievance shall not be provided concurrently to the subject matter of a further grievanceDepartment Head.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 41.04 When a grievance is submitted to the steps specified in writing Article 41.05 the Employee shall be accompanied by either the Employer, the Union or an employee it shall clearly set forth the nature a representative of the grievance, the article(s) violated if any and the remedies soughtUnion.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 (a) For the purposes of this Agreement, a grievance is a complaint which has been reduced to writing respecting the meaning and/or application of the provisions of this Agreement and all matters pertaining thereto. A grievance may concern a difference arising between an employee and the Employer or the Union and the Employer.
(b) The parties agree that grievances shall be adjusted to this Agreement share a desire to adjust employee complaints as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a shall discuss his/her complaint or grievance shall refer it to with his/her immediate Supervisor in writing supervisor within five (5) working 5 days of the actual occurrence giving rise to the complaint or grievanceso as to afford the supervisor an opportunity to resolve the complaint. The employee may be accompanied by a representative of the Union when the complaint is being discussed with the supervisor.
(c) It is agreed that an employee shall not file a grievance until he/she has discussed his complaint with his/her supervisor in accordance with paragraph (b).
(d) When an employee has presented his/her complaint to his/her supervisor and the complaint has not been resolved to his/her satisfaction within three (3) days of the meeting, he/she may file a grievance with the Union Grievance Committee. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, must be signed and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and dated by the employee within five fifteen (5l5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative days of the Union may also be present at the request of either the employee day on which he/she was notified or the Employer. The decision became aware of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail incident giving rise to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedurereceipt by him/her of his/her supervisor's reply to his/her complaint, the grievance whichever shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievancelast occur.
7:02 Should two or more employees have (e) Where an employee has filed a grievance of a similar nature, then it may be processed as one grievance at Step 1 of with the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the EmployerUnion Grievance Committee, the Union may, within ten (10) days from the date thereof, present the grievance to the employee's Department Head,or an employee it designate. The Department Head or designate shall clearly set forth meet with the nature of the grievance, the article(s) violated if any grievor and the remedies soughtUnion representative within five (5) days from the day on which it was presented and shall, within five (5) days from the meeting, render his/her decision in writing.
(f) If the Department Head or designate (i) fails to meet the grievor and the Union representative, or
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible. It A. A grievance under this Agreement is understood that an employee has no grievance until a dispute, claim or complaint arising under and during the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation term of this Agreement, and is limited to matters of interpretation or relating to any terms or conditions application of employment express provisions of the Agreement.
B. Both parties shall be dealt with in responsible for any and all costs and out-of- pocket expenses incurred by the individual party.
C. Failure to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further action or appeal. Failure to provide a written answer on the grievance within the specified time limits shall permit automatic advancement to the next step of this procedure within the time allotted had the decision been given. Time limits may be extended by mutual written agreement of both parties.
D. The following manner:shall be the grievance procedure (Working days shall mean Monday through Friday excluding Holidays, not the actual days worked by grievant):
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.( Verbal Step):
Step 2 ( 1st Written Step):
1. If further action is then to be taken, then the aggrieved employee does not receive a satisfactory answer from the Director of Public Safety and Police Services or designee within five three (53) working days after the decision is given in Step 1his/her presentation, the employee, who he/she may request the assistance of her Committeeperson, shall submit the grievance in writing written form to the Administrator. A meeting will then be held between the Administrator Director of Public Safety and Police Services or her designated representative and the employee within five (5) working days. It is understood that at such designee, for a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employerwritten decision. The decision of the Administrator or her designated representative shall submission must be given in writing made within five (5) working days following an unsatisfactory answer. If the meetingaggrieved employee wishes, he/she may have his/her ▇▇▇▇▇▇▇ or union representative assist him/her in the written presentation. The written grievance must specify
1) the Section and Paragraph of the Agreement allegedly violated
2) date of occurrence of each alleged violation 3) manner of alleged violation, and
4) the adjustment requested.
Step 3 Should 2. Upon receipt of the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedureswritten grievance, the grievance may be referred to arbitration by either the Employer Director of Public Safety and Police Services or the Union. If no written request for arbitration is received in accordance with Section 8:01 designee, shall set a place and time within five seven (57) working days after for a grievance hearing. If the decision under Step 2 is given aggrieved employee wishes, he/she may have his/her ▇▇▇▇▇▇▇ or within ten (10) working days following Union representative assist him/her at the meeting under Step 2 grievance hearing. Whether or not his/her ▇▇▇▇▇▇▇ or Union representative assists at the grievance hearing, the ▇▇▇▇▇▇▇ and the President shall each receive a copy of the grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievancewritten decision.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievance, the article(s) violated if any and the remedies sought.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances shall be adjusted as quickly as possible1. It is understood that If an employee has no grievance until complied with the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to provisions of the complaint, if complaint procedure and is dissatisfied with the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to Supervisor, the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment complaint shall be dealt with in written out on a form supplied by the following manner:
Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, Company and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedure, the grievance shall be deemed to have been settled and the same be a grievance. The written grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth state the nature of the grievance, the article(s) act or acts complained of and when they occurred, the specific section or sections of this agreement that the employee claims the Company has violated if any and the remedies soughtremedy that he seeks.
(a) The written grievance signed by the employee shall be presented to the employee’s Foreperson within three (3) working days of the Supervisor’s verbal reply to the complaint. After such discussions as is necessary, a written answer shall be given three (3) days following receipt of such grievance. At this meeting the employee shall be accompanied by his Plant Committee person.
(b) If the grievance is not settled to the satisfaction of the employee, then the grievance shall be presented to Human Resources within three (3) working days of the Forepersons written reply. After such discussion as is necessary, Human Resources shall give his answer in writing within three (3) working days following receipt of such grievance. At this meeting the employee shall be accompanied by the Chairperson of the Plant committee and the employee Plant committee person, if other than the Chairperson of the Plant Committee, and the National Representative of the Union may be present. Human Resources may be accompanied by such advisers as he determines. The Union will determine if the griever attends the grievance meeting.
(c) Grievance filings and responses not adhering to the time limits set out in this Article will be considered null and void. However, any time limits referred to may be extended by mutual agreement of the parties provided such extension is agreed to prior to the expiration of the specified time limit.
Appears in 2 contracts
Sources: Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7:01 The parties agree that grievances
A. A grievance is any dispute which involves the discipline (discharge and/or suspension) of an employee or the interpretation or application of the Personnel Rules and Regulations of the City of Mill Valley and of those rules, regulations, resolutions, and/or ordinances which have been or may hereafter be adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, resolutions and ordinances as may be adopted by the City Council to affect memoranda of understanding which result from the meeting and conferring process.
B. Grievance shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with processed in the following manner:
Step 1 An (1) Any employee having who believes that he or she has a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance in writing within five (5) working days from the date it was submitted.
Step 2 If further action is then to be taken, then within five (5) working days after the decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator discuss his or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator complaint with his or her designated representative Department Head or with such subordinate management official as the Department Head may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the Union may also designate. Grievances must be present at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or initially brought up within ten (10) working days following of the meeting under Step 2 occurrence giving rise to the grievance, or they shall be considered waived and abandoned. The Department Head or his or her designated subordinate shall have ten (10) working days to reply to a grievance. If the issue is not resolved within the department, or if the employee elects to submit his or her grievance directly to an official of the Union, the procedures hereinafter specified may be invoked.
(2) Within ten (10) working days, in the case of grievances initially presented but which were not resolved within the department, or ten (10) working days in the case of all other grievances, any employee and/or any official of the Union may notify the City Manager in writing that a grievance exists, and in such notification state the particulars of the grievance procedureand, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance.
7:02 Should two or more employees have a grievance of a similar natureif possible, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in the grievance and arbitration procedure may be extended by the written consent of the parties.
7:05 When a grievance is submitted in writing by either the Employer, the Union or an employee it shall clearly set forth the nature of the grievancedetermination which is desired. If the grievance is not processed within the ten (10) day working period, as the case may be, it shall be deemed waived and abandoned. The City Manager shall designate a personal representative and attempt to reach a satisfactory resolution of the problem. Nothing herein, however, shall preclude the City Manager from investigating said grievance and attempting to reach a satisfactory resolution. The City Manager or his/her personal representative shall have a twenty (20) day working period to investigate and explore satisfactory resolution of the problem; if no resolution is reached or the City fails to respond in the twenty (20) day working period, the article(sgrievance may be appealed in writing. No grievance may be processed under item (3) violated below which has not first been filed and investigated in pursuance of this item (2), unless the City fails to respond in the twenty (20) day working period.
(3) Any grievance which is not resolved in pursuance of the earlier provisions of this procedure may be appealed in writing within ten (10) working days or within thirty (30) working days if any and the remedies sought.City did not respond at 22.1.B.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 7:01 The Informal Step
9:01 It is the mutual desire of the parties agree that grievances shall complaints with respect to the application, interpretation, administration or alleged violation of this Agreement be adjusted addressed as quickly as possible. It possible and it is understood that an employee has no grievance until or group of employees shall first give the employee has given their immediate supervisor an opportunity to adjust their complaint. The supervisor shall have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner:
Step 1 An employee having a complaint or before any grievance shall refer it to her immediate Supervisor in writing may be filed. This informal step must be initiated within five thirty (530) working days after the employee became aware or ought reasonably to have become aware of the actual occurrence circumstance giving rise to the complaint. This step may also be satisfied by the Union raising the complaint with the immediate supervisor on behalf of the employee or grievancegroup of employees, in which case the appropriate Human Resource Officer or designate will be given an opportunity to attend, or satisfied by the Union raising the complaint directly with the appropriate Human Resource Officer. The grievance parties will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply attempt to the employee, giving the answer to resolve the complaint or grievance in writing within five (5) working days from the date it was submitted.
brought to the attention of the immediate supervisor or the Human Resources Officer. Failing a satisfactory settlement within the five (5) working day period, than within a further five (5) working days the complaint may be taken up as a grievance in the following manner: At any step of the grievance procedure, the grievor may be present at the meeting(s) if requested by either party. The University shall not be required to consider any grievance which was not filed within 25 working days after the grievor, became aware or ought reasonably to have become aware of the circumstances giving rise to the grievance. In the case of complaints related to conversion or unpaid (or improperly paid) wages, this informal step must be initiated within sixty (60) working days after the employee became aware or ought reasonably to have become aware of the circumstance giving rise to the complaint. If the decision at Step 2 One is not satisfactory, the written grievance may be advanced by notifying the local Human Resource person, who shall forward a copy to the Principal, ▇▇▇▇, Division Head, Executive Director, Labour Relations or designate, or alternatively directly to Step Three within ten (10) working days after receiving the Step One decision in writing. The Principal, ▇▇▇▇, Division Head, Executive Director, Labour Relations or designate, shall, within ten (10) working days, meet with the Union Grievance Committee (not to exceed two (2) in number) in a further attempt to resolve the grievance. The Department Head or designate shall, within a further ten (10) working days, give his/her decision in writing to the Union. If further action is then the grievance remains unsettled at the conclusion of Step Two, the written grievance may be advanced by notifying the local Human Resources person who shall forward a copy to be takenthe Vice-President, then Human Resources and Equity or designate within five (5) working days after receiving the Step Two decision is given in Step 1writing. The Vice-President, the employeeHuman Resources and Equity or designate shall, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five seven (57) working days. It is understood that at such , hold a meeting with the Administrator Union Grievance Committee (not to exceed two (2) in number), the Local Union President, and a staff representative of the Union, or his/her designated designate, in a further attempt to resolve the grievance. The Vice-President, Human Resources and Equity or designate shall, within a further seven (7) working days, give his/her decision, in writing, to the Union.
9:02 At each step of the grievance process the University representative may have such counsel and assistance as she may desire and that with him/her, at any grievance meeting, an equal number of University representatives to the employee may have her Committeeperson, and the Chairperson or a number of Union Representative Representatives.
9:03 If settlement of the Union may also be present grievance is not reached at the request of either the employee or the Employer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting.
Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing proceduresThree, then the grievance may be referred in writing by either party to arbitration by either as provided in Article 11: Arbitration, at any time within sixty (60) working days after the Employer or the Uniondecision is received under Step Three. If no written request for arbitration is received in accordance with Section 8:01 within five (5) working days after the decision under Step 2 is given or within ten (10) working days following the meeting under Step 2 of the grievance procedurethis time period, the grievance shall be deemed to have been settled withdrawn and the same grievance shall not be the subject matter of a further grievanceeligible for arbitration.
7:02 Should 9:04 When two or more employees have with the same Department Head wish to file a grievance arising from the same alleged violation of a similar naturethis Agreement, then it such grievance may be processed handled as one a group grievance and presented to the University beginning at Step 1 One of the grievance procedure procedure. When two or more employees with different Department heads but with the same Principal/▇▇▇▇/Division Head wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may be handled as a group grievance and throughout presented to the University beginning at Step Two of the grievance procedure. In any other case where two or more employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance may be handled as a group grievance and presented to the University at Step Three of the grievance procedure.
7:03 For 9:05 A grievance arising directly between the purpose University and the Union (which could not be grieved by an individual employee) shall be initiated at Step Two. Any grievance by the University or the Union as provided herein shall be commenced within fifteen (15) working days after the Union became aware or ought reasonably to have become aware of the circumstances giving rise to the grievance. This clause may not be used by the Union to initiate a grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidayswhich directly affects an employee where said employee(s) could themselves have initiated a grievance pursuant to the provisions of this Article.
7:04 Any of the 9:06 The time limits provided in the grievance and arbitration procedure this Article may be extended by mutual agreement between the written consent parties in writing. Further, any step of the grievance process may be waived by mutual agreement of the parties.
7:05 When a 9:07 Where no response to the grievance is submitted given within the time limit specified in writing by either the Employergrievance procedure (or any extension thereof), the Union or an employee it shall clearly set forth grievance will be deemed to have been advanced to the nature next step of the grievance, the article(s) violated if any and the remedies soughtgrievance procedure.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7:01 The 9.01 It is the mutual desire of the parties agree to this Agreement that grievances the complaint of an employee shall be adjusted resolved as quickly promptly as possible. It is understood that an employee has no grievance until the employee he has given their supervisor first discussed his complaint with his immediate Supervisor and afforded him an opportunity to endeavour to adjust their his complaint. The supervisor If an employee has a complaint he shall have two discuss it with his immediate Supervisor or designate within five (25) working days to reply after the circumstances giving rise to the complaintcomplaint have originated or occurred. Failing settlement, if the reply is unsatisfactory or if the supervisor fails to reply it may be taken up as a grievance within the two five (25) working days the employee may proceed with the steps following advice of the grievance procedure. Any grievance immediate Supervisor’s or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with designate’s decision in the following manner:
Step 1 An manner and sequence: The employee having shall submit a complaint or written grievance signed by him to his immediate Supervisor. The grievance shall refer it to her specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days of following the actual occurrence giving rise day on which the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance to the complaint Manager or grievance. The designate who shall review the grievance will clearly state the name(s) of the grievor(s), the article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance render a decision in writing within five (5) working days from the date it was submitted.
Step 2 If further action on which the grievance is then presented to be takenhim. Failing settlement, then within then: Within five (5) working days after following the decision is given in under Step 1II, the employee, who may request the assistance of her Committeeperson, employee shall submit the written grievance in writing to the AdministratorDirector of Human Resources or designate. A meeting The Director of Human Resources or designate will then be held between meet with the Administrator or her designated representative grievor and the employee ▇▇▇▇▇▇▇ from the appropriate area to review the grievance within five (5) working daysdays of receiving the grievance at this step. It is understood that at such a meeting the Administrator or her designated representative may The Director of Human Resources shall have such counsel and assistance as she he may desire and that at this meeting as may the employee may have her Committeeperson, and Union request the Chairperson or a Union Representative presence of the Union may also be present at staff representative. Failing settlement, the request of either the employee or the Employer. The decision of the Administrator Director of Human Resources or her designated representative designate shall be given delivered in writing within five (5) working days following from the meetingdate on which the grievance meeting was convened.
Step 3 Should 9.02 Failing settlement, under the Administrator fail to render her decision as required in Step 2 or failing settlement foregoing procedure, of any grievance under between the foregoing proceduresparties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be referred submitted to arbitration by either the Employer or the Unionas hereinafter provided. If no written request for arbitration is received in accordance with Section 8:01 by the Chief Executive Officer or designate within five (5) working days after from the date of the decision under Step 2 III above is given or within ten (10) working days following the meeting under Step 2 of the grievance proceduregiven, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievancesettled.
7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure.
7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays and paid holidays.
7:04 Any of the time limits in 9.03 All agreements reached under the grievance and arbitration procedure may be extended by between the written consent representatives of the parties.
7:05 When a grievance is submitted in writing by either Employer and the representatives for the Union, shall be final and binding upon the Employer, the Union and the employees. All time limits referred to in the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment of the grievance or denial of the grievance as the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties.
9.04 For the purposes of this Agreement, the words “working days” shall not include Saturdays, Sundays or paid holidays.
9.05 Where a grievance has been filed by an employee it the Employer shall clearly set forth not discuss the nature grievance with the grievor without the presence of a Union ▇▇▇▇▇▇▇ unless the employee requests to speak to the Employer without representation. At each step of the grievancegrievance procedure, the article(s) violated if any Employer will Deliver the grievance response to the ▇▇▇▇▇▇▇ and the remedies soughtgrievor by a mutually agreed upon mode of communications.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement