Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 6 contracts

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

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GRIEVANCE PROCEDURE. A. 7.1. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. 7.2. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up initiate the matter (verbally or by email) with his/her immediate supervisor the administrator overseeing the issue and the local Union representative. A grievance not submitted initiated within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor administrator in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx Officer shall reduce the grievance to writing and present a copy to the immediate supervisornext level of administration or his/her designee. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor next level of administration from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. The grievance must state the section of the contract that was violated and the remedy sought by the employee. Said supervisor administrator shall, within five (5) working days after receipt of the written grievance, give his his/her decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisoradministrator. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court 911 Director or his/her designee involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge911 Director or his/her designee, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge911 Director's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in In the event the parties are not able to mutually agree on an Arbitrator, the union shall be conducted submit a request for a panel from the Federal Mediation and Conciliation Service under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. 7.3. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement agreement by written memorandum.

Appears in 5 contracts

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

GRIEVANCE PROCEDURE. A. It A grievance is mutually agreed that all grievancesdefined as an alleged violation of a specific article and section of this agreement. Any grievance or dispute concerning wages, disputes hours, working conditions concerning the application, meaning or complaints arising under and during the terms interpretation of this Agreement which may arise between the parties of this agreement shall be settled in accordance with the following manner, except as otherwise prohibited herein. B. The number of days indicted at each step of the grievance procedure herein provided. Every should be considered as maximum, and every effort shall should be made to adjust controversies and disagreements in an amicable manner between expedite the Employer and the Uniongrievance process. All time limits herein shall consist of working days unless otherwise specified. B. Should any grievance, disputes or complaints arise over C. The time limits specified herein for movement of grievance through the interpretation or application of the contents of this Agreement, there process shall be an xxxxxxx effort on the part strictly adhered to and may be relaxed or extended only by mutual consent of the parties in writing. In the event that any seniority employee fails to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having appeal a grievance shall first take up or grievance answer within the matter with his/her immediate supervisor and Union representative. A stated time limits, the involved grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2deemed abandoned and settled on the basis of the Board of Education's last answer. In the event the supervisor in STEP 1 Board of Education representative does not give a decision reply within five (5) working days, or the matter is not satisfactorily settled in STEP 1time limit specified, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it proceed to the next step of the grievance procedure if no decision procedure. D. The grievant must clearly indicate to the administrator whenever a concern is given in five (5) working days being expressed as a grievance. E. On the "Statement of Grievance" form furnished by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event employer at each appropriate level of the grievance is procedure (each step) the employee will indicate whether or not settled or disposed of he/she wants Association representation at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within Grievance Hearing. Within five (5) working days of the meetingtime a grievance occurs, shall give his answer to or knowledge thereof, the employee will present the grievance in writing. STEP 4to his/her immediate administrator with the objective of resolving the matter informally. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty Within five (205) working days after presentation of the said judge's grievance, the immediate administrator may give his/her answer or failure orally to answer, to arbitrationthe employee. The Employer and employee may have the Union shall mutually select the ArbitratorAssociation representative present, if requested. The arbitration procedures under this contract, including Informal Step Grievance form furnished by the selection of an Arbitrator, employer shall be signed by the parties involved in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as grievance at Step One with a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above copy given to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumgrievant.

Appears in 5 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms Time of this Agreement shall be settled Answers 50 - The Employer will answer in accordance with the procedure herein provided. Every effort shall be made writing any grievance presented to adjust controversies and disagreements it in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to Union as indicated below, unless the immediate supervisor from time is extended by mutual agreement: a. By the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed District Supervisor within five (5) working days from the date of the answer meeting at which the grievance was received or duediscussed. STEP 3. In b. By the event the grievance is not settled Administrative Head of a unit or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet division within twenty seven (207) working days from the date of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss meeting at which the grievance and, if was discussed. c. By the parties at this step cannot settle the grievance Director of Employee Relations or otherwise dispose of it, the said judge, his/her designated representative within five seven (57) working days from the date of the meeting, shall give his answer meeting at which the grievance was discussed. d. The grievance must be presented in writing by the Chief Xxxxxxx to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, Administrative Head of a unit or division within twenty fifteen (2015) working days of the said judge's answer or failure to answerafter its occurrence, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitratorexcept as provided for in Paragraph 67, in order to be a proper matter for the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationprocedure. C. B. Time of Appeals 51 - Any grievance not appealed from a decision in one an answer at Step II of the steps above grievance procedure to Step III of the next step grievance procedure within the prescribed time limits seven (7) working days after such answer shall be considered dropped settled on the basis of the last answer and not subject to further review. 52 - A grievance may be withdrawn without prejudice, and, if so withdrawn, all financial liabilities shall be cancelled. If the grievance is reinstated, the financial liability shall date only from the date of reinstatement. If the grievance is not reinstated within three (3) months from the date of withdrawal, the grievance shall not be reinstated. Where one or more grievances involve a similar issue, those grievances may be withdrawn without prejudice pending the disposition of the appeal unless of a representative case. In such event, the time limit is extended by mutual Agreement by written memorandumwithdrawal without prejudice will not affect financial liability.

Appears in 4 contracts

Samples: Union Contract, Labor Contract, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It Section 1. A grievance is mutually agreed that all grievances, disputes defined as an employee or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between employees' claim(s) against the Employer arising out of the interpretation and application of specific provisions of the UnionAgreement. B. Should any grievance, disputes or complaints arise over the interpretation or application Section 2. The steps toward settlement of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up be as follows: Step 1. An employee, with the matter assistance of the Union, shall discuss any alleged violation with his/her immediate the employee's supervisor and Union representative. A grievance not submitted within five (5) working days of following its occurrence (or the date when the employee could reasonably he/she should have obtained had knowledge of its occurrence occurrence) in an effort to resolve the problem. The supervisor shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within respond orally no later than five (5) working days, days after the initial discussion. The only exception to the use of Step 1 shall be in a situation where the immediate supervisor is the elected official or the matter is not satisfactorily settled in STEP 1department head. In such cases, the employee grievance shall skip Step 1 and begin at Step 2. Step 2. If the Step 1 response fails to resolve the matter, the aggrieved employee, with the assistance of the Union, shall present the grievance in writing, citing specific provisions of the Agreement allegedly violated, to the elected official or Xxxxxxx department head five (5) working days following receipt of the Step 1 response. On or before the fifth working day following receipt of the written grievance, the appropriate official will answer the grievance in writing. Step 3. If the official's answer in Step 2 fails to resolve the grievance, upon recommendation of the aggrieved employee, the Union shall reduce refer the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented Employer's Human Resources Director within five (5) working days to following the immediate supervisor from the Employer's disposal receipt of the grievance or failure to dispose of same at STEP 1Step 2 answer. Said supervisor shall, within five Within fifteen (515) working days after following the HR Director’s receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances both a meeting shall proceed to STEP 3, provided they have been appealed within five (5) working days from held between the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved HR Director and a representative of the Local Union (and MAPE if desired, the grievant), and the CAO shall meet have answered the grievance in writing. A copy of such response shall be mailed to the AFSCME Iowa Council 61 representative. The HR Director and the Union shall cooperate in the scheduling of their meeting so that the same may precede the deadline for the HR Director to issue a final answer by a minimum of seven (7) full working days. The Union's International Representative and/or Council Representative may attend and participate in all matters pertaining to the grievance at Step 3 and beyond. Section 3. If a grievance is not presented within twenty any of the time limits specified in this Article, it shall be waived and the Employer's last answer shall be final and binding. Section 4. Any grievance not settled to the satisfaction of the Union in Step 3 of the grievance procedure may be appealed to arbitration, providing the appeal to arbitration is in writing to the other party. An employee may not appeal to arbitration without the approval of the Union. This appeal must be made within ten (2010) working days after the date upon which the HR Director issued a final answer in the third step of the day grievance procedure. Section 5. After either party has notified the other of appealits referral of a grievance to arbitration, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance shall meet/have a phone discussion no later than 25 working days after notification to select an arbitrator or otherwise dispose to request a list of it, the said judge, within five (5) working days of arbitrators from either the meeting, shall give his answer to Iowa Public Employment Relations Board or the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitrationFederal Mediation and Conciliation Service. The Employer and the Union shall meet/have a phone discussion no later than 20 working days after receipt of said list and strike four (4) names from the submitted list with the person whose name remains to become the arbitrator. Provided, however, the Union and the Employer may mutually select agree that the Arbitratorlist of proposed arbitrators is unacceptable and jointly petition for a new list of five (5) arbitrators. The arbitration procedures under this contract, including party making the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, first strike shall be conducted under the voluntary rules and regulations determined by a flip of the American Arbitration Associationa coin. Section 6. The Arbitrator arbitrator shall proceed as promptly as possible to hear conduct a hearing on the controversy between the parties. The decision of the Arbitrator grievance within a reasonable time and shall be binding and final empowered to rule on both partiesall disputes. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of However, he shall have no power to change or amend the provisions terms, conditions or applications of this Agreement or any supplemental agreements entered into between the Employer and the Unionother agreement made supplementary hereto. The Arbitrator shall have no authority to require decision reached by the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration arbitrator shall be shared equally final and binding upon the parties. Unless otherwise agreed to by the Employer and the Union. However, the decision of the arbitrator and the findings upon which it is based shall be in writing and the copies thereof presented to each party shall bear their own expenses in connection with within thirty (30) calendar days from the arbitrationdate the hearing terminates. C. Any grievance not appealed from a decision in one Section 7. The fees and expenses of the steps above to arbitrator will be shared equally by the next step within parties. Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the prescribed time limits arbitration hearing shall be considered dropped made unless requested by a party. The cost of stenographic reporting of the hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumnon-requesting party should either or both of them desire the same.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. A. 14.01 It is mutually agreed a mutual desire of the parties 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 all grievancescomplaints of nurses shall be adjusted as quickly as possible, disputes and it is understood that a nurse has no grievance until she or complaints he has first given her or his Program Manager the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his Program Manager within five (5) work days after the circumstances giving rise to it have occurred. If there is no settlement within five (5) 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 following the decision at Step 1, a written grievance shall be submitted to the Assistant CAO or designate. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, the 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 received in the Human Resources Department. The Assistant CAO or designate will deliver the written decision to the chairperson of the grievance 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 difference arising under directly between the Employer and during the terms Union involving the interpretation, application or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step 2. This grievance shall be settled in accordance with commenced within thirty-five (35) calendar days of the procedure herein provideddate of occurrence. Every effort No Union grievance shall be made 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 adjust controversies the complaint have occurred. 14.05 Failing settlement under the foregoing procedure of any grievance including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration, as in Article 16. If no written request for arbitration is received by the Assistant CAO or designate within fifteen (15) work days after the decision under Step 2 is given, it shall be deemed to have been settled and disagreements not eligible for arbitration. 14.06 It is agreed that grievances and replies to grievances shall be in an amicable manner writing at all stages. 14.07 All agreements reached under the grievance procedure between the Employer and the Union, will be final and binding upon the Employer, the Union and the nurse(s). B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. 14.08 Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor adjustment resulting from the Employer's disposal of the grievance or failure arbitration procedures, shall not be retroactive prior to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt the date of the written 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, give his decision in writing. The Union may automatically take it the grievor(s) shall be entitled to proceed to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or duestep. STEP 3. In the event the 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 settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped deemed to be settled and not subject to further appeal unless disposition shall be as per the time limit is extended by mutual Agreement by written memorandumreply given at the preceding step.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It A grievance is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall defined to be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner a dispute between the Employer and the Union. B. Should Union or between the Employer and any grievanceemployee(s) represented by the Union over (1) wages, disputes hours, or complaints arise over other terms and conditions of employment, or (2) the administration or interpretation or application of the contents of this Agreement. It is preferable that grievances be resolved informally. If this is not possible in any individual case, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following stepsprocedure will be observed. STEP 1. Any An employee, or an employee having and a grievance Union representative, or a Union representative with written authorization from the employee, shall first take up the present any such matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and This step must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet taken within twenty (20) working days of the day time that the employee became aware of appeal, unless otherwise mutually extended by Agreement in writing to discuss or should have become aware of the grievance and, if problem. The immediate supervisor must render a decision and reasons for the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, decision within five ten (510) working days of the meeting, shall give his answer to the grievance in writingdays. STEP 42. In the event If the grievance is not settled at STEP 3satisfactorily resolved, the grieving party employee and/or a Union representative may appealsubmit the grievance to the Xxxx of Library Affairs at Xxxxxx Library or the Director of the Law School Library, as applicable. This must be done within twenty ten (2010) working days after the receipt of the said judge's answer decision in Step 1. The Xxxx or failure Director (or designee) must render a decision and reasons for the decision in writing to answerthe employee and/or the Union representative within ten (10) working days after the receipt of the grievance. STEP 3. If the grievance is not satisfactorily resolved at Step 2, the grievance may be submitted in writing to the University Labor and Employee Relations Office designee. This must be done within ten (10) working days after the receipt of the decision in Step 2. The Labor Relations Office shall arrange a meeting with both the employee and his Union representative, and with the administrative officers involved, to arbitrationbe held within ten (10) working days after receipt of the grievance. The Employer employee and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, must be notified in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations writing of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear decision and reasons for the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.ten

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. A. 8.01 It is mutually agreed the mutual desire of the parties hereto that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance with the procedure herein provided. Every effort adjusted as quickly as possible, and it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be made registered as soon as possible, but not later than ten days after the alleged circumstances coming to adjust controversies the knowledge of the employee. 8.02 If an employee has an unsettled complaint, it may be taken up as a grievance within five full working days in the following manner and disagreements sequence: Step No. 1 Between the aggrieved employee who may be accompanied by the Union Xxxxxxx, who shall be an employee of the Company, and the Local Manager, at which time a written record of the grievance shall be submitted and signed by the employee. The supervisor shall give his reply in an amicable manner writing not later than five (5) full working days following receipt of the grievance. Failing settlement, then: Step No. 2 Within five (5) days, the aggrieved, if he so chooses, will notify the Company of intent to proceed to Step 2. After receipt of the written notice a meeting will be arranged (if mutually agreed, the meeting can be waived) between the Employer aggrieved employee, an accredited representative of the Union, and the Local Manager or another representative of the Company. The Company shall reply in writing within five (5) full working days following the grievance meeting. If the grievance is not satisfactorily resolved at Step No. 2 – including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration as provided in Article IX by notice in writing to the Company after the Company’s reply at Step No. 2. If no written request for arbitration is received within fourteen (14) days after the decision in Step No. 2 is given, it shall be deemed to have been settled or abandoned. 8.03 Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Procedure or under Article IX. Any and all time limits fixed by this Article and Article IX may at any time be extended by agreement between the Company and the Union. B. Should any grievance, disputes or complaints arise over 8.04 All decisions arrived at between the interpretation or application representatives of the contents Company and the Union shall be final and binding upon the Company, the Union and the employee or employees concerned. 8.05 The Union or the Employer may file a policy grievance in appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation, application, and administration of this Agreement, there . A policy grievance or a discharge grievance shall be an xxxxxxx effort on the part initiated in writing at Step No. 2 of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted procedure within five (5) full working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal notice of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of act causing the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes Should differences arise between the Company and its employees (either individually or complaints arising under collectively) as to the meaning and during application of the terms provisions of this Agreement shall be settled or should differences arise about matters not specifically mentioned in accordance this Agreement having to do with the procedure herein provided. Every wages, hours, or conditions of employment, an xxxxxxx effort shall be made to adjust controversies and disagreements in an amicable manner between settle any such differences at the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application earliest possible time by use of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps.procedure: STEP 1. Any : The aggrieved employee having shall present his grievance to his Supervisor with a Xxxxxxx present, and the grievance shall first take up be answered by the matter with his/her immediate supervisor and Union representativeSupervisor before the end of the second working day following the day on which the grievance was presented to the Supervisor. A The grievance not submitted must be presented within five ten (510) working days of its occurrence the event resulting in the grievance or when within ten (10) working days after the employee could reasonably have obtained knowledge subject of its occurrence the grievance is known to the employee, or shall not be considered automatically closedconsidered. STEP 2. In : If the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter grievance is not adjusted satisfactorily settled in STEP 1Step 1 of the Grievance Procedure, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance it shall be reduced to writing, signed by the grievant employee and/or Xxxxxxx, and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance Senior Manager or failure to dispose of same at STEP 1his designee. Said supervisor shallManagement shall meet with the Xxxxxxx at a time mutually agreed upon, within but in no event later than five (5) working days after receipt of the such written grievance, give his decision in writing. The Management's written answer shall be given within two (2) working days following the meeting in which the limit may be extended by mutual agreement between the parties. Both the Company and the Union may automatically take it to the next have additional parties participate in meetings at this step of the Grievance Procedure, and it is understood that such persons shall have reasonable access to the plant for the purpose of discussing the grievance. STEP 3: If the grievance is not satisfactorily settled, the Union may move the grievance to Step 3 within ten (10) days of receipt of the Company’s written Step 2 answer. The HR Director or his designee agrees to meet with the Union Business Agent and Xxxxxxx for the purpose of resolving any outstanding grievances. The Company will provide a written response to the Union within five (5) days of the Step 3 meeting. STEP 4: Grievances not satisfactorily settled in Step 3 may be appealed to an impartial arbitrator. If the Union or the Company desires to arbitrate a grievance, they shall notify the other party in writing to that effect within thirty (30) calendar days following receipt of the Company’s written Step 3 response. The parties will attempt to agree on an arbitrator. If the parties cannot agree upon an arbitrator, the grieving party will request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall alternately strike names from the list until one (1) name remains; this shall be the arbitrator to hear the grievance. The parties will flip a coin to determine who strikes first. The decision of the arbitrator shall be final and binding on both parties to this Agreement. Each party shall bear the expense of its own presentation. The arbitrator shall be paid equally between the Company and the Union. The arbitrator’s authority shall be limited to those matters concerning interpretation of this Agreement. In the event an employee shall be suspended or discharged from employment for any reason, such discharge shall constitute a grievance matter to be handled in accordance with the procedure if no decision is given set forth herein, including arbitration. The time limitations set forth herein for presenting and deciding grievances may be extended by mutual consent of the parties; except that the Company agrees that in matters of discharge the Union shall, upon request, be granted an extension of time not to exceed five (5) working days by the said supervisorin which to present discharge grievance. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received A grievance concerning a suspension or due. STEP 3. In the event discharge may begin at Step 2 of the grievance is not settled or disposed of at STEP 2, procedure and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet must be filed within twenty ten (2010) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance suspension or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingtermination. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. A. It A grievance hereby is mutually agreed that all grievancesdefined to be any controversy, disputes complaint, misunderstanding or complaints dispute arising under and during from the terms interpretation, application or observance or enforcement of this Agreement any of the provisions herein or any supplement hereto. If an employee has a grievance, complaint or dispute, it shall be settled handled in accordance with the procedure herein providedfollowing manner. Every effort shall be made to adjust controversies For the purpose of the section, days are defined as official office days, Monday - Friday, excluding weekends and disagreements in holidays. FIRST STEP: When an amicable manner between the Employer and the Union. B. Should any employee has a grievance, disputes or complaints arise over he shall notify the interpretation or application Grievance Representative of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted Association within five (5) working days of its the occurrence or when the employee could reasonably have obtained knowledge of its occurrence thereof. The grievance shall be considered automatically closed. STEP 2in writing. In The Grievance Representative shall, upon notification of an employee's grievance, along with the event employee, discuss the supervisor grievance with each superior in STEP 1 does not give a decision rank, if possible, in the chain of command within five (5) working daysdays following notification of occurrence. Each superior in rank should attempt to settle the dispute with the Grievance Representative and the employee involved, or following procedures as agreed to by TFCA and the matter Chief/Director. If the chain of command cannot be exhausted within seven (7) days after notification of the grievance, the Association shall have the right to proceed to the next step. SECOND STEP: If at the end of twelve (12) days the dispute is not satisfactorily settled in STEP 1to the satisfaction of all parties concerned, the employee or Xxxxxxx TFCA shall reduce submit, in writing, the grievance to writing the Chief/Director of the Department. Delivery of grievances and present a copy grievance answers shall be at Department Headquarters or by email to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal Office of the Chief, to be followed up by an acknowledgement of receipt by either time stamp or reply email. The Chief/Director shall attempt to settle or have settled by his designated representative the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five seven (57) working days after receipt the written submission to this office. If the answer of the written grievance, give Chief/Director or his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance designated representative is not settled or disposed of at STEP 2satisfactory, and it has been properly appealed to STEP 3 as provided in STEP 2 above, then the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer employee and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator TFCA shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.seven

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesAny grievance, disputes complaint, or complaints dispute (except jurisdictional disputes) arising under and during the terms out of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the involving its interpretation or application of shall be considered a grievance and subject to resolution under the contents of this Agreementfollowing procedure, and it is further agreed that until said procedure is exhausted, there shall be an no work stoppage or lockout. a) The Employees shall report to their job xxxxxxx, or such other business representative as may be designated by the Union, any grievance, complaint, or dispute that arises between the Employee and the Employer. The designated job xxxxxxx effort or the business representative will attempt to immediately resolve the matter, between the parties on the part job. b) Failing to agree, the designated job xxxxxxx or business representative shall report the matter to the District Representative of the parties Union. The District Representative or their designee shall attempt to settle such grievance, the matter with an Employer representative. c) Should the Union and the Employer have a dispute or complaint promptly through with the following steps. STEP 1. Any employee having other party and if after conferring, a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance settlement is not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision reached within five (5) working days, or the dispute shall proceed to Step d. in the same manner as an Employee complaint. d) In the event the matter is cannot satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed adjusted by the grievant and must be presented method set forth above within five (5) working days days, the Union will present the matter to the immediate supervisor from the Employer's disposal Executive Director of the grievance or failure AGC of Alaska, Inc. for adjustment and will reduce the matter to dispose of same at STEP 1. Said supervisor shall, writing if requested. e) In the event the matter cannot be adjusted within five four (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (54) working days from the date the answer was received grievance, complaint, or duedispute is presented by the Union representative to the Executive Director of the AGC of Alaska, Inc., the Union may take the dispute to arbitration as outlined in Section 2 of this Article. STEP 3f) Any dispute that arises between the Employees and the Employer or any complaint or grievance on the part of both or one shall be submitted to the local Union within thirty (30) days of the known date of violation or when Employee could have reasonably become aware of the violation to be eligible to receive the assistance of the local Union. g) Times set forth by this Article may be extended by mutual agreement between the parties. h) Failure of the Union or the Employer to process a grievance in the time frame stipulated shall constitute abandonment of the grievance. In the event If the grievance is not settled or disposed of at STEP 2abandoned by either party, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and then the Union or Employer shall mutually select accept the Arbitratorabandoned request or decision as binding. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are Any abandoned grievance shall not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as constitute a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationprecedent. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

GRIEVANCE PROCEDURE. A. It 8.01 The purpose of this Article is mutually agreed that all to establish a procedure for the settlement of grievances. Disputes in respect to the meaning, disputes or complaints arising under and during interpretation of alleged violations of the terms of this Agreement Agreement, or when an employee claims that he has been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the following manner: STEP 1 The aggrieved employee or the Union Representative shall be settled present the grievance in accordance with writing to the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between employee’s Supervisor/Manager within 14 calendar days following the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application cause of the contents of this Agreement, there shall be an xxxxxxx effort on the part grievance. The grievance must include all of the parties to settle such details of the cause of the grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with hisSuch Supervisor/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give Manager will render a decision within five (5) working daysin writing, or outlining the matter is not satisfactorily settled in STEP 1, reasons for the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shalldecision, within five (5) working 14 calendar days after following receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event If the grievance is not settled at STEP 3Step 1, the grieving party Union Vice-President may appeal the decision in writing, giving his reasons for the appeal, to the officer designated by the Company, within twenty 42 calendar days following receipt of the decision rendered in Step 1. Such Company officer will render a decision in writing, giving his reasons for the decision within 42 calendar days following receipt of the appeal. 8.02 The Union or the Employer may initiate a policy grievance beginning at Step 2 of the Grievance Procedure. Such grievance shall be filed within Forty two (2042) working calendar days of the said judge's answer or failure incident giving rise to answer, the complaint and be in the form prescribed in Step 1. Any such grievance may be referred to arbitration. The Employer and arbitration by either the Union shall mutually select in the Arbitrator. The arbitration procedures under this contract, including case of a Union grievance or the selection Employer in the case of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationgrievance. C. Any grievance not appealed from a decision 8.03 The time limitations prescribed in one of the steps above to the next step within the prescribed time limits shall this article may be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumconsent of the parties 8.04 All time limit restrictions in Article 7 and Article 8 will be automatically extended between the period of December 22 and January 5 inclusive each year. 8.05 A grievance with respect to a dismissal shall commence at Step 2 of the grievance procedure within forty two (42) calendar days of the notice of dismissal

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It 9.01 When an employee or a group of employees has a dispute involving the interpretation, application or an alleged violation of the Agreement, the employee(s) and the employee’s supervisor(s) will discuss the dispute and attempt to resolve it. A xxxxxxx may be present at the employee’s request during the discussion. Failing a satisfactory resolution of the dispute a grievance may be submitted electronically to the employee’s supervisor by the chief xxxxxxx or his designate, to step one of the grievance procedure, provided that no more than three (3) weeks has elapsed since the date of the incident giving rise to the grievance or two (2) weeks since the employee discussed it with his supervisor. The Company agrees to provide all relevant documentation in a timely manner upon request to Senior Local Union Officials. 9.02 A first step meeting shall be scheduled with reasonable advanced notice within two (2) weeks of the date the grievance is submitted at a mutually agreed that all grievancesupon time. This meeting may be attended by the employee, disputes the employee’s shift xxxxxxx and the chief xxxxxxx or complaints arising under his delegate. The Company will be represented by the appropriate General Xxxxxxx and/or his delegate and during the terms supervisor. The Company will reply in writing within one (1) week of this Agreement the first step meeting. 9.03 Failing a satisfactory resolution at step one, the grievance may be advanced to step two, provided the Union notifies the Company in writing within two (2) weeks of receiving the Company’s first step answer. 9.04 A second step meeting shall be settled in accordance with scheduled within two (2) weeks of the procedure herein providednotification unless an extension date has been mutually agreed upon by the parties. Every effort This meeting will be attended by the grievance committee and the National Representative or his delegate. The Company shall be made represented by the Mine Operations Manager or his delegate, the HR Representative, and such other Company officials as may be appropriate. Either party may request the presence of the grievor. The Company will reply in writing within one (1) week of the second step meeting. 9.05 Failing a satisfactory resolution at step two, the grievance may be advanced to adjust controversies arbitration, provided the Union notifies the Company in writing within two (2) weeks of receiving the Company’s second step answer. 9.06 At all steps of the grievance and disagreements in an amicable manner between arbitration procedure, the Employer grievor and the UnionUnion shall disclose to the Company a full and detailed statement of the facts, the remedy sought and the provision(s) of the Agreement relied upon. In a similar fashion, the Company shall disclose all pertinent facts upon which it relies. In the event additional facts become available they will be revealed to the other party in a timely fashion. B. Should any grievance, disputes or complaints arise over 9.07 a) A policy grievance is defined as a dispute which affects the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part rights of the parties to settle such grievance, dispute this Agreement as entities rather than the rights of an individual employee or complaint promptly through the following steps. STEP 1group of employees. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence Policy grievances shall be considered automatically closedinitiated at step two. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. Section 5.1 It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part intent of the parties to settle this Agreement that procedures hereby established shall serve as the means for the prompt disposition and amicable settlement of such grievancedisputes, dispute or complaint promptly through the following stepscontroversies, and grievances as may arise between them. STEP Step 1. : Any employee having employee, or the Union, claiming to have a grievance shall first take up may submit such grievance in writing to the immediate supervisor no later than 10 working days after the matter with his/her concerned first arose. The immediate supervisor and Union representative. A grievance not submitted shall reply within five (5) 10 working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedthereafter. STEP Step 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or : If the matter is not satisfactorily settled resolved in STEP Step 1, the employee Union may appeal in writing to the Township Supervisor. This appeal, in writing, must be processed within 10 working days following completion of Step 1. The answer of the Township Supervisor shall be given within 10 working days. Step 3: If the matter is not satisfactorily resolved in the preceding steps, the Union may appeal in writing to the Township’s Public Works Board within 10 working days following completion of Step 2. The answer of the Public Works Board shall be provided within five workdays immediately following the day of the next scheduled committee meeting. The grievance meeting before the Public Works Board may be held in private. Step 4: If the matter is not satisfactorily resolved in the preceding step, the matter may be referred to arbitration. Such notice must be in writing within 10 working days following completion of Step 3. The arbitrator will be chosen by the combined parties involved from a list of seven names; each party shall eliminate three names. The name remaining shall be the Arbitrator. MERC shall supply the list. Section 5.2 Cost of arbitration shall be borne by the party judged to be in error, or Xxxxxxx deemed responsible. (a) The authority of the arbitrator shall reduce be limited to the grievance interpretation and application of the expressed terms of this Agreement and shall not have the power to revise or alter any of the terms. (b) The decision shall be placed in writing and present a copy delivered to the immediate supervisor. Said grievance both parties, and such decision shall be signed final and binding. Section 5.3 Time limits may be extended by the grievant and mutual agreement, but must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event If the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended processed by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits, the grievance is considered withdrawn. Any grievance not processed by the Employer within the time limits shall be considered dropped as valid and not subject any relief requested shall be forthcoming within 15 working days. Section 5.4 The withdrawal of a grievance by the Union, or the voluntary settling of a grievance by the Employer, shall in no way set a precedent in the matter involved for future similar cases. Section 5.5 Matters arising out of the Agreement pertaining to further appeal unless discharge shall progress immediately to Step 3 of the grievance procedure. Section 5.6 The Township Supervisor may delegate, to such Township employees or personnel as the Township Supervisor shall in the Township Supervisor's discretion designate, the responsibilities as set forth and outlined in the grievance procedures of this Article in instances and situations where the Township Supervisor is unavailable to perform the prescribed duties or respond to grievances within the specific time limit is extended by mutual Agreement by written memorandumlimits prescribed in the grievance procedure section of this Agreement.

Appears in 3 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes Any complaint by an Employee or complaints arising under the Union concerning the application and during the terms interpretation of this Agreement shall be settled subject to the grievance procedure. Any relevant information specifically identified by the grievant or the Union in accordance with the procedure herein provided. Every effort possession of the Employer needed by the grievant or the Union to investigate or process a grievance, shall be made provided to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted them upon request within five seven (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (57) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said The grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate appropriate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days after the occurrence of the day of appealalleged violation, unless otherwise mutually extended by Agreement in writing to discuss the grievance andor if it concerns an alleged continuing violation, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, then it must be filed within twenty (20) working days after the alleged violation first became known or should have become known to the Employee involved, except that in the case of an alleged payroll computational error, such allegation shall be presented to the President or the designee in writing within twenty (20) working days after the alleged error is discovered by the Employee or the grievance may not be considered. B. An individual Employee may present a grievance to the Employee's immediate supervisor and the grievance heard without intervention of the said judge's answer or failure to answerUnion, to arbitration. The Employer and provided the Union has been afforded an opportunity to be present at the conference(s) on the grievance. Any adjustment made shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify inconsistent with the terms and conditions of this Agreement. The Arbitrator's fees By mutual consent of the Union and the expense of arbitration shall Employer, any time limits within each step may be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationextended. C. Any Informal Step. A grievance shall, whenever possible, be discussed informally between the Employee and immediate supervisor within the twenty (20) working day limitation provided for in paragraph "A" above. The grievant may be assisted by the grievant's Union representative. If the immediate supervisor does not appealed from a decision in one of reply by seven (7) working days, the steps above Employee or the Union may pursue the grievance to the next step step. Step 1. If the grievant is not satisfied with the result of the informal conference, the grievant or the Union may submit a written statement of the grievance within seven (7) working days after receiving the answers to the informal complaint to (a) the Xxxx in the case of the University of Hawaii at Manoa (UHM) and University of Hawaii at Hilo (UHH); (b) Chancellor in the case of the Community Colleges; or (c) such directors as may be designated by the Chancellors with respect to other administrative or program units (hereinafter "division head"); or if the immediate supervisor does not reply to the informal complaint within seven (7) working days, the Employee or the Union may submit a written statement of the grievance to the division head or the designee within fourteen (14) working days from the initial submission of the informal complaint; or if the grievance was not discussed informally between the Employee and the immediate supervisor, the Employee or the Union may submit a written statement of the grievance to the division head or the designee within the prescribed time limits twenty (20) working day limitation provided for in paragraph "A" above. A meeting shall be considered dropped held between the grievant and not subject a Union representative with the division head or the designee seven (7) working days after the written grievance is received. Either side may present witnesses. The division head or the designee shall submit a written answer to further appeal unless the time limit is extended by mutual Agreement by written memorandumgrievant or the Union within seven (7) working days after the meeting.

Appears in 3 contracts

Samples: Unit Agreement, Unit 8 Contract, Unit 8 Contract

GRIEVANCE PROCEDURE. A. 17.01 For purposes of the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 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 a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. 17.02 It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1hereto that complaints of employees shall be adjusted as quickly as possible. Any It is understood that an employee having a has no grievance shall until he has first take up the matter with his/her given his immediate supervisor and Union representativethe opportunity of adjusting his complaint orally or in writing. A grievance not submitted If any employee has a complaint, he shall discuss it with his immediate supervisor within five (5) working days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence employee. The supervisor shall be considered automatically closed. STEP 2. In give his response to the event the supervisor in STEP 1 does not give a decision complaint within five (5) working daysdays and, or the matter is not satisfactorily settled in STEP 1failing settlement, the employee or Xxxxxxx shall reduce the it may be then taken up as a grievance to writing and present a copy to within five (5) days after being advised of the immediate supervisor's decision in the following manner and sequence: If the employee wishes, he may go directly to step 1 of the grievance procedure without following the process outlined above. Said If an employee decides to go directly to step 1 he must file his grievance under step 1 within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, who may request the assistance of his xxxxxxx, may present his grievance to his immediate supervisor. The grievance shall be in writing on a grievance form approved by the Company and the Union. The grievance shall be signed by the grievant employee and must be presented shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate supervisor shall deliver his decision in writing within five (5) working days to following the immediate supervisor from the Employer's disposal presentation of the grievance to him. Failing Settlement: Within five (5) days after the decision in which Step #1 is given, the employee, who may request the assistance of the xxxxxxx, may submit the grievance in writing to his Human Resources Manager or failure to dispose of same at STEP 1. Said supervisor shall, his designate who shall deliver his decision in writing within five (5) working 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 receipt the decision in Step #2, the grievor, who may have the assistance of the written grievanceUnion xxxxxxx, give may submit the grievance in writing to the Store Manager or his decision in writingdesignate. A meeting will then be held between the Store Manager or his designate and the employee and the Union xxxxxxx. Such meeting shall be held within five (5) days 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 meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The decision of the Store Manager or his designate shall be delivered in writing within five (5) 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 and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may automatically take it 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 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 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 between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievances may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision under Step #3 is given, the grievance shall be deemed to have been abandoned. 17.06 Where no written answer has been given within the 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 if no decision is given in shall be made retroactive beyond five (5) working days by prior to the said supervisordate 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 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. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within Within five (5) working days from thereafter the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2other party shall nominate an arbitrator; provided, and it has been properly appealed however, that if such party fails to STEP 3 nominate an arbitrator as provided in STEP 2 aboveherein required, the presiding judge 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 chairman of the Court involved and arbitration board. If they are unable to agree upon such a representative chairman within a period of ten (10) days, they shall then request the Local Union and MAPE shall meet 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 twenty thirty (2030) working calendar days of the day appointment of appealthe second arbitrator, unless otherwise mutually extended by Agreement in writing to discuss or a request has not been made of the Ministry of Labour, the grievance and, if the parties at this step cannot 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 or otherwise dispose of it, the said judge, within five (5) working days grievance. 17.10 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the meeting, shall give his answer to the grievance in writingprocedure. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. 17.11 The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are board shall not able be authorized to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The make any decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of inconsistent with the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority agreement, nor to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to alter, modify, add to or subtract from or modify the terms and conditions amend any part of this Agreement. agreement nor to award interest. 17.12 The Arbitrator's fees 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 arbitration shall be shared equally the arbitrator appointed by the Employer it and the Union. Howeverparties will share equally the expenses, each party shall bear their own expenses in connection with if any, of the arbitrationchairman of the arbitration board. C. Any grievance not appealed from a decision in one of 17.14 The parties acknowledge that the steps above to the next step within the prescribed time limits shall set out in both the grievance and arbitration procedures must be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement strictly complied with except by written memorandumagreement to extend them and failure to so comply shall result in the grievance being deemed to have been abandoned.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. 7.01 It is mutually agreed the mutual desire of the Parties hereto that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance adjusted as quickly as possible, and it is understood that an employee has no grievance until the employee’s immediate supervisor has first been given an opportunity to adjust the complaint. If an employee has a complaint, it shall be discussed with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with hisemployee's immediate Manager/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, Director within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it circumstances giving rise to the next step of the grievance procedure if no decision is given in five complaint have become known or ought reasonably to have become known; failing settlement within two (52) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3thereafter, provided they have been appealed it may then be taken up as a grievance within five two (52) working days following the advice of the immediate Manager or Director’s decision in the following manner and sequence: STEP NO. 1 STEP NO. 2 STEP NO. 3 7.02 Failing settlement under the foregoing procedure of any grievance between the Parties arising from the date the answer was interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days after the decision under Step No. 3 is given, the grievance shall be deemed to have been settled. 7.03 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the day of appealforegoing procedure, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingincluding arbitration. STEP 4. In 7.04 It is agreed that a grievance arising directly between the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select be originated under Step No. 2 and the Arbitratortime limits set out with respect to that Step shall appropriately apply. The arbitration procedures under this contractIt is understood, including the selection of an Arbitratorhowever, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of that the provisions of this Agreement section may not be used with respect to a grievance directly affecting an employee or any supplemental agreements entered into between employees and that the Employer and regular Grievance Procedure shall not be thereby bypassed. 7.05 No adjustment effected under the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings Grievance Procedure or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration Arbitration Procedure shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above made retroactive prior to the next step within date the prescribed time limits shall be considered dropped and not subject grievance was initiated under the Grievance Procedure, except as to further appeal unless the time limit is extended by mutual Agreement by written memorandumany clerical or other error of a similar nature, involving an employee's salary.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. 8.01 It is mutually agreed the mutual desire of the parties hereto that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance with the procedure herein provided. Every effort adjusted as quickly as possible, and it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be made registered within ten days of the alleged circumstances coming to adjust controversies the knowledge of the employee. 8.02 If an employee has an unsettled complaint, it may be taken up as a grievance within five full working days in the following manner and disagreements sequence: 1 - Between the aggrieved employee who may be accompanied by the Union Xxxxxxx, who shall be an employee of the Company, and the Local Manager, at which time a written record of the grievance shall be submitted and signed by the employee. The supervisor shall give his reply in an amicable manner writing not later than five (5) full working days following receipt of the grievance. Failing settlement, then: Step No. 2 - Within five (5) days, the aggrieved, if he so chooses, will notify the Company of intent to proceed to Step 2. After receipt of the written notice a meeting will be arranged (if mutually agreed, the meeting can be waived) between the Employer aggrieved employee, an accredited representative of the Union, and the Local Manager or another representative of the Company. The Company shall reply in writing within five (5) full working days following the grievance meeting. If the grievance is not satisfactorily resolved at Step No. 2 – including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration as provided in Article IX by notice in writing to the Company after the Company’s reply at Step No. 2. If no written request for arbitration is received within fourteen (14) days after the decision in Step No. 2 is given, it shall be deemed to have been settled or abandoned. 8.03 Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the grievance procedure or under Article IX. Any and all time limits fixed by this Article and Article IX may at any time be extended by agreement between the Company and the Union. B. Should any grievance, disputes or complaints arise over 8.04 All decisions arrived at between the interpretation or application representatives of the contents Company and the Union shall be final and binding upon the Company, the Union and the employee or employees concerned. 8.05 An employee who has been disciplined by the Company will have such disciplinary action removed from his records after a period of two (2) years provided that during such period no similar incident or occurrence of like nature occurs. 8.06 The Union or the Employer may file a policy grievance in appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation, application, and administration of this Agreement, there . A policy grievance or a discharge grievance shall be an xxxxxxx effort on the part initiated in writing at Step No. 2 of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted procedure within five (5) full working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal notice of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of act causing the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It A grievance is mutually agreed that all grievancesdefined to be a complaint by an employee within the Association based upon an event or condition which is claimed or considered to be a violation, disputes misinterpretation or complaints arising under misapplication of this Agreement. B. Nothing contained herein will be construed as limiting the right of any employee having a grievance to discuss the matter informally with any supervisory or administrative personnel and during have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement Agreement, and the Association has been given the opportunity to be present at such adjustment. Likewise, nothing contained herein shall preclude the Employer from utilizing the grievance procedures set forth herein in connection with grievances. C. The Association is prohibited from processing a grievance on behalf of an employee or group of employees without his/her/their initiating the grievance. D. Grievances shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps.manner: STEP Step 1. Any An employee having with a grievance shall will first take up the matter discuss it with his/her immediate supervisor and Union representativewith the objective of resolving the matter informally. A An Association representative should be present during the discussion. Step 2. If the grievance has not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence been settled, it shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance reduced to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from or his/her designated representative who shall forthwith meet and adjust the Employer's disposal grievance with the employee and the Association representative. Step 3. If the grievance remains unadjusted for five days after, it may be presented in writing by the employee or Association to the Assistant Superintendent, Human Resources within five days after the response of the grievance or failure department head with copies to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writingAssociation representative and immediate supervisor. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3Assistant Superintendent, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and Human Resources will set up a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing meeting to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of itwithin five working days. Within five working days after such meeting, the said judgeAssistant Superintendent, within five (5) working days of the meeting, Human Resources shall give his his/her answer in writing to the grievance in writingAssociation representative with copies to the employee and his/her immediate supervisor. STEP Step 4. In the event If the grievance is not settled at STEP 3still unsettled, the grieving party Association may appeal, within twenty fifteen (2015) working days of after the said judge's Step 3 answer or failure to answer, date the answer is due submit the grievance to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration AssociationAssociation shall govern the filings of the demand for arbitration, the selection of the arbitrator, the conducting of the hearing, and all other matters surrounding the arbitration process. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision power of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of arbitrator stems from this Agreement or any supplemental agreements entered into between the Employer and the Unionhis/her function is to interpret and apply this Agreement and to pass upon alleged violations thereof. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator He/she shall have no power to add to or to, subtract from or modify any of the terms of this Agreement, nor shall he/she have any power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of the Agreement. The cost for the services of the arbitrator, including per diem expenses, and the American Arbitration Association filing fees, shall be borne equally by the School District and the Association. All other expenses shall be borne by the party incurring them, and neither party will be responsible for the expense of witnesses called by the other. The arbitrator shall have authority in cases where a member has been discharged, disciplined or deprived of any compensation to reinstate with no full or partial reimbursement of compensation lost and to restore fully, partially or not at all, other rights and conditions of this Agreementemployment. The Arbitrator's fees decision of the arbitrator shall be final and binding on the School District, the Association and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationemployee. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during 15.1 During the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents term of this Agreement, there any difference concerning the dismissal, discipline or suspension of an employee or the interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitrable, or any other dispute as defined in the Labour Relations Code shall without stoppage of work, be the subject of collective bargaining between the Union and the Employer and shall be an xxxxxxx effort on finally and conclusively settled under and by the part following procedure: Step 1 The aggrieved person or the Job Xxxxxxx or the Union shall, in the first instance, give full particulars of a grievance in writing to the Supervisor. This first step of the parties to settle such grievancegrievance procedure shall be exercised by the aggrieved person within ten (10) working days of the occurrence of the incident being grieved or disputed, dispute it being understood, however, that a grievance may be filed by the Job Xxxxxxx or complaint promptly through the following stepsUnion within ten (10) working days of their becoming aware of the occurrence. STEP 1. Any employee having a Step 2 If the alleged grievance shall first take up is not settled within fifteen (15) working days of being referred to the Supervisor, or any extended time that may be agreed upon, or if the Supervisor says the matter with his/her immediate supervisor and is beyond the Supervisor's authority, the Employer or the Union representative. A grievance not submitted may, within five (5) working days of its occurrence refer the matter to the General Manager or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closeddesignate. STEP 2. In Step 3 Any dispute between the event Employer and the supervisor in STEP 1 does Union which is beyond the jurisdiction of any one Supervisor may be submitted by the Employer or the Union directly to the General Manager or designate. Step 4 If the grievance is not give a decision settled within fifteen (15) working days of being referred to the General Manager or designate, or any extended time that may be agreed upon, the matter may, within five (5) working days, be referred by the Employer or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy Union to the immediate supervisor. Said grievance shall be signed by City Manager or designate and the grievant and must be presented within five (5) working days to City Manager or designate shall, upon the immediate supervisor from the Employer's disposal request of the grievance Employer or failure to dispose of same at STEP 1. Said supervisor shallthe Union, and with all reasonable dispatch, but in any event within five ten (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (510) working days from receipt of such request, arrange for a meeting between the date City Manager or designate and the answer was received Union. If no settlement is reached within two (2) calendar months of the meeting between the City Manager or due. STEP 3. In designate and the event Union, the grievance may be submitted by the Union to a Board of Arbitration within two (2) calendar months of receiving the Employer’s response and the grievance shall be finally and conclusively settled without stoppage of work, by arbitration. If such referral is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovemade within the above specified time period, the presiding judge grievance shall be deemed abandoned. A Board of Arbitration shall consist of one (1) person to be mutually appointed by the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union unless both parties agree to use a three-person Board of Arbitration, which shall then consist of one (1) person appointed by each party and a chairperson to be mutually select agreed by the Arbitratortwo (2) appointees. The arbitration procedures under this contract, including Each party shall bear the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations expenses of the American Arbitration Association. The Arbitrator arbitrator appointed by such party and shall proceed as promptly as possible to hear pay half the controversy between expenses of the partieschairperson. The decision of the Arbitrator Board shall be final and binding and final on both parties. The Arbitrator's decision Where the parties are unable to agree on any matter properly submitted as an arbitrator or a grievance for dispute must be based upon an interpretation chairperson within fourteen (14) calendar days of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. Howeverreferral, each either party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above may apply to the next step Director, Collective Agreement Arbitration Bureau within the prescribed time limits shall be considered dropped and not subject following ninety (90) calendar days to further appeal unless make the time limit is extended by mutual Agreement by written memorandumappointment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesStep 1: Within five (5) working days of the time a grievance arises, disputes an employee shall take the matter up with a Supervisor, Building Administrator, or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements Assistant Superintendent for Educational Services in an amicable manner between effort to resolve the Employer and matter informally. In the Unionevent the matter is not resolved informally, may proceed to Step 2. B. Should any grievanceStep 2: If the grievance is not resolved in Step 1, disputes or complaints arise over the interpretation or application of the contents of this Agreementit shall, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP meeting at Step 1, the employee or Xxxxxxx shall reduce the grievance be reduced to writing on a grievance form and present a copy presented to the immediate supervisorDeputy Superintendent. Said The written grievance shall be signed by the grievant and must be presented filed within five ten (510) working days of the alleged violation. The written grievance shall name the employee(s) involved, shall state the facts giving rise to the immediate supervisor from grievance, shall identify all provisions of this Agreement alleged to be violated by appropriate reference, shall state the Employer's disposal contention of the grievance or failure employee and of the UNION with respect to dispose of same at STEP 1these provisions, shall indicate the relief requested. Said supervisor shallThe BOARD shall give the employee an answer in writing, within no later than five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it with a copy to the next step of UNION representative. Step 3: If the grievance procedure if no decision is given not resolved in Step 2, the UNION, within five (5) Step 4: Within fifteen (15) working days after delivery of the decision of the Superintendent or his designee on any grievance as defined herein, either party may at its option submit the grievance, if not settled, to arbitration by written notice delivered to the said supervisorother party. Unresolved grievances shall proceed In this event, if the parties are not able to STEP 3agree upon a mutually acceptable arbitrator within ten (10) working days after the receipt of such notice, provided they have been appealed either party may within five (5) working days from after the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2written notice, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of request that the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear ASSOCIATION select an arbitrator under its rules which likewise govern the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationproceeding. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It 7.01 A grievance is mutually agreed any difference that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner arises between the Employer and parties related to the Union. B. Should any grievanceinterpretation, disputes application or complaints arise over the interpretation or application of the contents administration of this Agreement, there or where an allegation is made that this Agreement has been violated. In processing grievances, the following procedures will be adhered to: a) Grievance forms shall be supplied by the Union. The grievance must contain reference to the article and specific section of the agreement, which is alleged to have been violated, provide a brief explanation of the nature of the grievance and the redress sought. b) An employee may have the assistance of her shop xxxxxxx from the employee group as set out in article 5.01 . If her classification shop xxxxxxx is not available an alternate shop xxxxxxx effort on may be selected by the part employee, at any stage of the grievance procedure if she so desires. c) An employee who is required to attend meetings at Step 1 and Step 2 of the grievance procedure shall be given time off with no loss of regular pay to attend such meetings. d) The time limits set out in Articles 7, 8 and 9 are mandatory. Failure to comply with such time limits, by the party initiating the grievance, unless the parties mutually agree in writing otherwise, shall result in the grievance being abandoned. Days as referred to in Articles 7, 8 and 9 are exclusive of Saturdays, Sundays and designated paid holidays. It is the mutual desire of the parties to settle such grievancehereto that complaints of employees be adjusted as quickly as possible, dispute or complaint promptly through the following steps. STEP 1. Any and it is understood that an employee having a has no grievance shall until she has first take up the matter with his/given her immediate supervisor and Union representativethe opportunity of adjusting her complaint. A grievance not submitted Such complaint shall be discussed with her immediate supervisor within eighteen (1 8) days after the circumstances giving rise to it have occurred. In cases where the employee has been absent from the work place at the time the circumstances have occurred, the 18 day period shall commence on the date of her return. Failing settlement within five (5) working days of its occurrence or when days, it may then be taken up as a grievance by the employee could reasonably have obtained knowledge as outlined in Step 1 within ten (1 0) days following the expiry of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working daysday period. The aggrieved employee shall present her grievance in writing to her supervisor, or or, in the matter is not satisfactorily settled in STEP 1latter's absence, her designated representative. The supervisor and/or her designated representative shall meet with the employee or grievor and her Union grievance Xxxxxxx shall reduce within ten (10) days of receipt of the grievance to writing discuss the matter and present a copy she shall render an answer to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shallgrievance, in writing, within five ten (510) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. 5.01 The parties to this Agreement are agreed that it is of the utmost importance to resolve complaints and grievances as quickly as possible. 5.02 It is mutually understood and agreed that all grievances, disputes or complaints arising under and during an employee does not have a formal grievance until the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up has discussed the matter with his/her immediate the employee's supervisor and Union representativegiven the supervisor an opportunity of dealing with the complaint. A grievance not submitted within five (5) working days At the request of its occurrence the employee, the Xxxxxxx in the area may be present at this initial discussion or when act on the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedemployee’s behalf. STEP 2. In 5.03 Grievances properly arising under this Agreement will be resolved and settled as follows: employee or the event employee's xxxxxxx may present the employee's grievance which will be reduced to writing to the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant employee(s) affected and must be presented within five (5) working days include a detailed explanation of the facts giving rise to the immediate supervisor from grievance and the Employer's disposal specific sections of the grievance agreement or failure legislation alleged to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writinghave been violated. The information contained on the grievance shall set out the information known by the Union may automatically take it at the time, and shall not restrict the Union from providing additional information in the grievance process. Should no written settlement satisfactory to the Union be reached within seven full calendar days thereafter, the next step of in the grievance procedure if will be taken at any time within the next five full calendar days. President and/or the International Representative of the Union may also attend. If no decision written settlement satisfactory to the Union is given in five (5) working reached with 21 full calendar days after the meeting or the expiration of the 21 full calendar day period, should no meeting be held, the grievance may be referred to Arbitration by the said supervisorUnion. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the If a grievance is not settled or disposed referred to arbitration within the 21 full calendar days it will be deemed abandoned by the employee and Union. By mutual agreement of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovethe parties, the presiding judge of grievor may attend the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing3rd Step Grievance Meeting. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement Section 1. All grievances shall be settled in accordance subject to the following procedure: a) Upon request the Business Manager/Financial Secretary shall meet with the procedure herein provided. Every effort shall be made to adjust controversies Union Representative and disagreements in an amicable manner between aggrieved employee for the Employer and the Unionpurpose of settling a potential grievance. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any b) An employee having a grievance shall first take up present it in writing to the matter with hisUnion Representative, who shall present it in writing to the Business Manager/her immediate supervisor and Union representative. A grievance not submitted Financial Secretary within five ten (510) working days of its occurrence or when from the employee could reasonably have obtained knowledge of its occurrence day in which the grievance occurred. All grievances filed untimely shall be considered automatically closed. STEP 2null and void. In The Business Manager/Financial Secretary shall meet with the event the supervisor in STEP 1 does not give grievance committee and render a decision within five (5) working days. c) If a satisfactory settlement cannot be reached, or the matter Union Representative and the aggrieved employee and the Executive Board Chair and the Business Manager/Financial Secretary of the Employer shall meet within ten (10) days. d) If a satisfactory settlement still is not satisfactorily settled in STEP 1reached, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance an impartial arbitrator shall be signed by the grievant and must be presented mutually agreed upon within five (5) working days to by the immediate supervisor from the Employer's disposal designated representatives of the grievance or failure to dispose of same at STEP 1Union and the Business Manager/Financial Secretary. Said supervisor shall, If no impartial arbitrator can be chosen within five (5) working days after receipt of days, the written grievance, give his decision in writing. The Union may automatically take it dispute shall be submitted to the next step of the grievance procedure if no United Stated Federal Mediation and Conciliation Service, who shall render a decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed soon as promptly as possible to hear the controversy between the partiespossible. The decision of the Arbitrator arbitrator shall be final and binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation cost of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared borne equally by the both parties. e) The Employer agrees that it will not cause or sanction a lock-out and the UnionUnion agrees that it will not strike so long as negotiations are continuing under the grievance procedure herein provided for. However, each party shall bear their own expenses in connection with if the arbitrationEmployer does not abide by the decision of the arbitrator, the Union may take any action it deems necessary. C. Any grievance Section 2. The Employer agrees not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped discipline or dismiss seniority employees except for just and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumsufficient cause.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 18.01 For the purposes of this Collective Agreement a grievance is defined as a difference arising between the Parties relating to the interpretation, application, administration, or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. It is mutually agreed the mutual desire of the Parties that complaints of employees shall be adjusted as quickly as possible. The Employer shall be under no obligation to consider or process a grievance unless such grievance shall have been presented to the Employer in writing at Step 1 of the grievance procedure within the time limits as specified herein. If an employee, or one designated member of a group has a complaint or question concerning the interpretation, application, administration, or alleged violation of this Agreement, the employee will first take up the grievance within ten (10) working days after the circumstances giving rise to the complaint have occurred or ought reasonably to have come to the attention of the employee. Within this time period the employee shall raise and discuss the issue as a complaint with the supervisor before it is given to the supervisor in writing. The Union Xxxxxxx may be present for this discussion if invited. 18.02 The time limits and other procedural requirements set out in Article 18 are mandatory and not merely directory, therefore failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the grievor. If no written answer has been given within the time frame specified, the grievance may be submitted to the next step. Any grievance not appealed from one step of the grievance procedure to the next within the specified time limit shall be deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all grievancesspecified previous steps of the grievance procedure within the times specified. 18.03 Time limits may be extended by mutual agreement in writing between the Parties hereto; however the mandatory provisions of Article 18 shall not be considered to have been waived by the Parties or either of them unless they expressly provide a waiver thereof in writing signed by both Parties. Saturdays, disputes Sundays and paid holidays will not be counted in determining the time within which any action is to be taken or complaints arising completed under and during the terms Grievance or Arbitration procedures. 18.04 A grievance which has been disposed of pursuant to the grievance provisions of this Agreement shall not again be settled in accordance with made the subject matter of a grievance. 18.05 A decision or settlement reached at any stage of the grievance procedure herein provided. Every effort shall be made final and binding upon all Parties hereto, including the complaining employee, and shall not be subject to adjust controversies reopening by any Party. 18.06 If the grievance is not adjusted by the supervisor as provided in article 18:01, it shall be reduced in writing on a grievance form and disagreements in an amicable manner between signed by both the Employer Union Xxxxxxx and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there employee involved. The supervisor shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with give his/her immediate supervisor and Union representative. A grievance answer in writing to the Xxxxxxx without undue delay, but not submitted within five more than three (53) working days of its occurrence or when after the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedgrievance has been presented in writing. STEP 2. In 18.07 If the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter grievance is not satisfactorily settled in STEP 1at Step One, the employee or Xxxxxxx shall reduce the written grievance to writing and present a copy may be referred to the immediate supervisor. Said grievance shall be signed Vice President, Distribution by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, Local Union President within five (5) working days after receipt of receiving the written grievance, give his decision answer in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days A meeting shall be arranged by the said supervisor. Unresolved grievances shall proceed to STEP 3Vice President, provided they have been appealed within five (5) working days from the date the answer was received Distribution, or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judgehis/her designate, within five (5) working days of receiving the grievance. Either Party may request the presence of the grievor and the Union Xxxxxxx at the meeting. The Vice President, Distribution, or his/her designate, shall give his his/her answer in writing to the Local Union President without undue delay but not later than five (5) working days after the said meeting. If the grievance in writingis settled at Step Two of the grievance procedure both the Vice President, Distribution and the Union representatives who agreed to the settlement shall sign the settlement as endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was. STEP 4. In the event 18.08 If the grievance is not settled at STEP 3Step Two, a written grievance may be referred to the grieving party may appeal, Vice President Human Resources or his/her designate by the Local Union President within twenty five (205) working days of receiving an answer in writing from the said judge's answer Vice President, Distribution or failure designate. Either Party may request the presence of the grievor, Union Xxxxxxx, Local Union President and the CUPE National Representative, supervisor or Vice President, Distribution to answer, attend the meeting to arbitrationpresent evidence or give assistance in the settlement of the grievance. A meeting shall be arranged by the Vice President Human Resources or his/her designate with the Local Union President within five (5) working days of receipt of the grievance in order to resolve the dispute. The Employer and Vice President Human Resources or his/her designate shall give his/her reply in writing within five (5) working days if the Union shall mutually select the Arbitrator. The arbitration procedures under grievance is not settled at this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationmeeting. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It 7.1 A grievance is mutually agreed that all grievances, disputes or complaints arising under and during an alleged violation of the terms of this Agreement shall and will be settled in accordance with the procedure herein provided. Every effort shall be made handled according to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps: Step 1: Within ten (10) working days after an occurrence or knowledge of an occurrence upon which a grievance is based, the aggrieved employee shall take the matter up at a meeting with their immediate supervisor; the aggrieved may request the presence of the Xxxxxxx or Chief Xxxxxxx. If at this meeting the parties have not been able to resolve the matter, the aggrieved employee may submit a written and signed “Statement of Grievance” to t hei r immediate supervisor which shall name the employee, shall identify all the provisions of this Agreement alleged to be violated by reference, and indicate the relief requested. Within five (5) working days following receipt of the “Statement of Grievance”, the supervisor shall submit a written answer to the employee and to the Union upon the grievance form or attached thereto. If the matter is settled at Step 1, the employee and a Union representative shall sign the grievance stating that result. STEP Step 2: If the matter is not settled at Step 1, the aggrieved employee and the Xxxxxxx or Chief Xxxxxxx may appeal the matter to the Director of Physical Plant within five (5) working days next following the submission of the written answer in Step 1. Any employee having The Director shall submit a grievance shall first take up written answer to the matter with his/her immediate supervisor and Union representative. A grievance not submitted Xxxxxxx or Chief Xxxxxxx within five (5) working days of its occurrence receipt of the appeal. If the matter is settled at Step 2, the Xxxxxxx or when Chief Xxxxxxx shall sign the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedgrievance stating that result. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or Step 3: If the matter is not satisfactorily settled in STEP 1at Step 2, the employee Xxxxxxx or Chief Xxxxxxx shall reduce may appeal the grievance to writing and present a copy matter to the immediate supervisor. Said grievance shall be signed by Xxxxxxx/Executive Vice President and/or the grievant and must be presented designee within five (5) working days to next following the immediate supervisor from the Employer's disposal submission of the grievance written answer in Step 2. The Xxxxxxx/Executive Vice President or failure to dispose designee shall either: (a) Issue a written disposition within ten (10) working days next following receipt of the written appeal; or (b) Within the same at STEP 1period of time initiate and hold a meeting with the aggrieved employee, the Xxxxxxx, Chief Xxxxxxx and which may include the Union Business agent. Said supervisor shall, The Xxxxxxx/Executive Vice President or the designee shall submit a written disposition of the matter within five (5) working days next following the conclusion of the meeting. If the matter is settled at Step 3, the employee and Union representative shall sign stating the results. Step 4: If the grievance is not settled by any of the above steps, the Union, and not an individual employee, may, within fourteen (14) calendar days after receipt of the written grievanceanswer from the Employer, give his decision in writing. The Union may automatically take it notice of its intent to the next step of submit the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3advisory arbitration. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.arbitrator

Appears in 2 contracts

Samples: Custodial/Maintenance Agreement, Custodial/Maintenance Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement 23.1 A grievance shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner defined as a dispute or complaint arising between the Employer and the Union. B. Should , or any grievanceemployee covered by this Agreement, disputes on or complaints arise over after the interpretation or application of the contents effective date of this Agreement, there over the interpretation, application or alleged violation of any specific provision(s) of this Agreement. All grievances must be submitted to the Employer within ten working (10) days after the occurrence of the event which led to the dispute. Grievances over the amount of compensation shall be an xxxxxxx effort on deemed to have occurred at the part time payment is received by the employee. The Employer agrees to be obligated to make employees retroactively whole for all wages lost because of clerical error, or failure to provide step or across-the-board wage increases as provided for in this contract. The Union and the parties Employee agree to settle such grievanceresolve any unintentional violation of any past practices before engaging in other methods. For purposes of this section, dispute or complaint promptly working days shall be defined as Monday through the following stepsFriday, excluding all holidays listed in Article 19 of this agreement. STEP 1. Any 23.2 An employee having who has a grievance shall first take up is urged to discuss the matter informally with his/her immediate supervisor and Union representativein an attempt to resolve the grievance amicably. A The supervisor shall give the employee an oral response to the grievance not submitted within five working (5) working days of its occurrence or when following the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closeddate the grievance was presented. If the grievance has not been settled by oral discussion, the following procedures will apply. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP Step 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said : The grievance shall be signed by the grievant and must be presented within five (5) working days in writing to the immediate supervisor from employee's department head no later than ten working (10) days after the Employer's disposal occurrence of the grievance event which led to the dispute, or failure to dispose of same at STEP 1. Said supervisor shall, within five three (53) working days after receipt the immediate supervisor's oral response, whichever is the later. The written grievance shall state the Article and Section of the written grievanceAgreement alleged to have been violated, give his decision in writingthe nature of the violation, the remedy or correction to be desired, and it shall be signed and dated by the employee involved. The Union may automatically take it to the next step of the grievance procedure if no decision is given department head will answer all written grievances in writing within five working (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or duedays. STEP 3. In the event Step 2: If the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 aboveStep 1, the presiding judge written grievance shall be submitted to the Executive Director within five working (5) days following receipt of the Court involved and a representative of answer from the Local Union and MAPE shall department head. The parties will meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing an effort to discuss resolve the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, Executive Director's receipt of the written grievance. The Executive Director shall give his answer reply in writing to the grievance within five working (5) days of the meetings. If the parties mutually agree to not hold a meeting, the Executive Director shall reply in writingwriting within ten working (10) days of his/her receipt of the written grievance. STEP 4. In the event Step 3: If the grievance is not settled at STEP 3in Step 2, the grieving written grievance shall be submitted to the Employer's Regional Director of Operations within ten working (10) days after receipt of the Executive Director's reply in Step 2. The Regional Director of Operations, or his/her designee, shall answer the grievance in writing within fifteen working (15) days after receiving the grievance. Step 4: The decision made in Step 3 will be deemed to be the final settlement of the grievance unless, within fifteen working (15) days from the date on which such decision was received by the Union, either party serves upon the other a written demand that such grievance be referred to arbitration. Once this demand has been served, either party may appeal, within twenty request Federal Mediation and Conciliation Service (20FMCS) working days mediation of the said judge's answer or failure grievance prior to answer, following the procedures laid out in Section 23.3. 23.3 In the event a written demand is made to refer the grievance to arbitration, either party may request the Federal Mediation and Conciliation Service (FMCS) (with a copy of the request to the other party) to appoint an impartial panel of seven (7) arbitrators. The Employer and the Union shall mutually select strike names from the Arbitrator. The arbitration procedures under this contractpanel until a final arbitrator remains, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, who shall be conducted under assigned to preside over the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the partiesarbitration proceeding. The decision of the Arbitrator arbitrator shall be final and binding upon the parties hereto, as well as upon any employee(s) involved in the dispute. The arbitrator shall have no authority, power or jurisdiction to add to, change or in any way modify or amend any of the terms or provisions of this Agreement; nor shall the arbitrator in any way be empowered to substitute his/her judgment or discretion for the judgment or discretion or either party hereto where such party has reserved the right to make or retain such a judgment or discretion; nor shall the arbitrator change existing wage rates, award punitive monetary damages except back pay in case of wrongful discharge, or arbitrate proposals for the amendment or renewal of this agreement. The arbitrator shall be authorized to rule upon and issue a decision and award in writing on any issue covered by the written terms of this Agreement and within the limitations specified herein, and the arbitrator shall render his/her decision within thirty (30) calendar days of the final on both presentation of evidence or briefs; extensions will be only by mutual agreement of the parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation expense of the provisions arbitrator and other mutually agreed upon expenses incidental to the arbitration proceedings shall be borne equally by the parties. Each party shall be responsible for the cost of this Agreement its own representation and witnesses. The Parties may mutually agree to expedited arbitration for either individual cases or any supplemental agreements entered into between a group of cases. The presentation of each case by each party will be limited to a preliminary introduction, a short reiteration of facts, and a brief oral argument. No briefs or transcripts will be made. If witnesses are used to present facts, there will be no more that two called by each party. If called to testify, the Employer grievant is considered as one of the two witnesses. The arbitrator will give a written bench decision within five (5) calendar days. All decisions by the arbitrator will be final and binding. The costs of the arbitrator and the Union. The Arbitrator shall have no authority to require expenses of the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall hearing will be shared equally by the Employer parties. The grievant and Union delegate/xxxxxxx will attend the arbitration without loss of pay. 23.4 The time limits specified above may be waived or modified only by mutual written agreement of the parties, or by oral agreement with subsequent written confirmation. Once per grievance per party, in the event that either party is delinquent, the receiving party will contact the delinquent party the day following the deadline to offer a 48 hour extension. Unless waived or modified in accordance with prior sentences, the time limits contained herein shall be strictly construed. If either party fails to respond within the applicable timeframe, the grievance will be automatically settled against the delinquent party. 23.5 Any grievance based upon the suspension or discharge of an employee shall be referred directly to Step 2 of the grievance procedure within ten working (10) days following the receipt of the suspension or discharge notice to the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision 23.6 Grievances affecting three (3) or more employees shall be submitted by the Union in one writing to the Executive Director at Step 2 of the steps above to the next step within the prescribed time limits grievance procedure. 23.7 Grievances shall be considered dropped and not subject to further appeal unless submitted on forms provided by the time limit is extended by mutual Agreement by written memorandumUnion.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. (a) It is mutually agreed the mutual desire of the Corporation and the Union that all complaints and grievances shall be adjusted as quickly as possible. (b) All meetings at which grievances are processed shall be held in camera. (c) A grievance under this agreement shall be defined as any difference or dispute between the Corporation and any employee or the Union relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable and an allegation that this Agreement has been violated. (d) The time limits fixed in this Article and in Article 14 may be extended but only by consent of both parties to this Agreement such consent to be evidenced in writing. 13.02 In the event of a grievance by an employee, he shall take the matter up within and not after 5 working days after the employee became aware or ought reasonably to have become aware of the incident or circumstances giving rise to the grievance. A policy grievance or group grievance shall be taken up within and not after 10 working days after the date of the incident giving rise to the grievance or the aggrieved Party ought reasonably to have become aware of such incident or circumstances. 13.03 The following is the procedure which shall be adhered to in processing grievances, disputes or complaints arising under save as otherwise provided in this Article and during in Article 15. Step 1 The employee shall discuss the terms of this Agreement shall be settled in accordance matter with the procedure herein provided. Every effort his immediate supervisor and an attempt shall be made to adjust controversies and disagreements in an amicable manner between the Employer and employee’s complaint. At the Unionrequest of either the immediate supervisor or the employee, a Xxxxxxx shall be present during such discussion. B. Should any grievance, disputes or complaints arise over Step 2 If a settlement satisfactory to the interpretation or application employee is not reached within 3 working days of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up date the matter was taken up with his/her his immediate supervisor supervisor, the Xxxxxxx may, within and Union representativenot after 7 working days of that date, formally submit the grievance to the employee’s Department Head. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence at Step 2 shall be considered automatically closed. STEP 2. In in writing, shall contain a concise statement of the event facts complained of and the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing redress sought and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant employee and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1Xxxxxxx. Said supervisor shall, within five (5) working days after receipt of the written grievance, The employee’s Department Head shall give his decision or answer in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed writing within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) 5 working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss date upon which the grievance and, if was first taken up with the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4Department Head under Step 2. In the event If the grievance is not settled at STEP 3Step 2, the grieving party may appealXxxxxxx may, within twenty (20) and not after 5 working days of the said judge's answer date of receiving the decision of the employee’s Department Head (or failure if no decision is received from the Department Head, then within 5 working days after such decision ought to answerhave been given), take the grievance up with the Chief Administrative Officer. If the grievance is not settled within 10 working days after the date it was taken up with the Chief Administrative Officer, then the Union may, within and not after 20 working days after the date upon which the grievance was taken up with the Chief Administrative Officer, refer the grievance to arbitration. The Employer arbitration under Article 14. (a) A grievance filed by a group of employees and a policy grievance of the Union shall mutually select be taken up at Step 3 of the Arbitrator. The arbitration procedures under this contractgrievance procedure. (b) A policy grievance of the Corporation shall be in writing and may be initiated by the Chief Administrative Officer delivering the grievance to the Xxxxxxx or the Second Vice-President of the Union, including the selection of an Arbitratoror, in the event the parties are not able their absence to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations another Officer of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any If any such grievance is not appealed from a decision in one settled within 15 working days of the steps above date of such delivery the Corporation may refer the grievance to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumarbitration under Article 14.

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 13.01 It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given his Supervisor an opportunity to settle such grievanceadjust his complaint. If an employee, dispute or who may request the assistance of a Xxxxxxx, has a complaint promptly through the following steps. STEP 1. Any employee having a grievance which he wishes to discuss, he shall first take up the matter up with his/her his immediate supervisor and Union representative. A grievance not submitted Supervisor within five three (53) working days after the circumstances giving rise to the complaint have originated and occurred. The Company shall reply within two (2) working days after the complaint has been heard. 13.02 If the employee's complaint is not settled under 13.01 above, it may be taken up as a grievance within three (3) working days following the Company's decision in the following manner: The employee, who may be accompanied by the Xxxxxxx and/or a Representative of its occurrence or when the employee could reasonably have obtained knowledge United Steelworkers of its occurrence America, may present his alleged grievance to the Manager. The grievance shall be considered automatically closed. STEP 2in writing on a grievance form and shall include the nature of the grievance and the remedy sought. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1Failing settlement, the employee or Xxxxxxx Manager shall reduce the grievance to deliver his decision in writing and present with a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented Union within five three (53) working days to following the immediate supervisor from the Employer's disposal presentation of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or duehim. STEP 3. In the event 13.03 If settlement of the grievance is not settled reached and if the grievance is one which concerns the interpretation or disposed alleged violation of at STEP 2the Agreement, and it has been properly appealed then the grievance may be referred in writing by either party to STEP 3 Arbitration as provided in STEP 2 aboveArticle 14 below at any time within ten (10) calendar days after the decision is given by the Manager and if no such written request for Arbitration is received within the time limit, the presiding judge of the Court involved grievance shall be deemed to have been abandoned. 13.04 All time limits set out in Article 13 and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually 14 may be extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance mutual agreement in writing. STEP 4. In 13.05 Any difference arising directly between the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer Union and the Union shall mutually select Company as to the Arbitrator. The arbitration procedures under this contractapplication, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules interpretation and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions alleged violation of this Agreement or any supplemental agreements entered into between may be submitted by either party to the Employer and other in the Union. The Arbitrator same manner as that of an employee. 13.06 When an employee has been dismissed without notice, he shall have no authority the right to require interview his Xxxxxxx for a reasonable period of time before leaving the Employer to purchase buildings or new equipmentpremises. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall Arrangements for such interview will be shared equally made by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationCompany. C. Any grievance not appealed from a decision 13.07 The Company agrees to notify the Union Xxxxxxx in one writing of the steps above to reason for the next step within suspension or discharge of any employee. Any discharge grievance may be initiated at Step Two of the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumGrievance Procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that There shall be a Joint Industry Grievance Committee and a grievance procedure: 1. To try to decide all grievancesissues not covered by, disputes or complaints arising under and during the terms not inconsistent with, any provision of this Agreement shall and which are not required to be settled in accordance with the procedure herein providedarbitrated under its terms. 2. Every effort shall be made To try to adjust controversies and disagreements in an amicable manner decide without arbitration any issues between the Employer and parties which under this agreement they must submit to the UnionArbitrator. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing3. The Union grievance may automatically take it to first be taken up between the next step representative of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved management and a representative of the Local Union. If it is not settled, it may be filed for arbitration. 4. All Union claims are brought by the Union alone and no individual shall have the right to compromise or settle any claim without the written permission of the Union. 5. Any matter submitted to arbitration shall be simultaneously submitted to the Joint Industry Grievance Committee. 6. The Committee shall be composed of rep- resentatives of the Union and MAPE the RAB, who may be present at any meeting. If the Committee meeting is not held before the arbitration date, the meeting will be cancelled. It shall meet within twenty (20) working days be the function of the day Committee to seek and encourage settlement of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of all disputes brought before it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 47. In the event the Any grievance, except as otherwise pro- vided herein and except a grievance is not settled at STEP 3involving basic wage violations and Pension, the grieving party may appealHealth, within twenty (20) working days of the said judge's answer or failure to answerLegal, to arbitration. The Employer Training, and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an ArbitratorSupplemental Retirement and Savings Fund contributions, shall be conducted under pre- sented to the voluntary rules and regulations RAB in writing within one hundered twenty (120) days of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator its occurrence, except for grievances involving suspension without pay or discharge which shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between present- ed within forty-five (45) days, unless the Employer and the Unionagrees to an extension. The Arbitrator shall have no the authority to require extend the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationabove time limitations for good cause shown. C. Any grievance not appealed from 8. Where a decision in one failure to compensate overtime work can be unequivocally demonstrated through employer payroll records, the Union may grieve the failure to compensate overtime for the three (3) year period prior to the filing of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumgrievance.

Appears in 2 contracts

Samples: Commercial Building Agreement, Commercial Building Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances‌ 10.01 Any complaint, disputes disagreement, or complaints arising under and during the terms difference of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner opinion between the Employer and the Union. B. Should any grievanceUnion or the employees covered by this Agreement, disputes or complaints arise over which concerns the interpretation or application of the contents terms and provisions of this Agreement, there Agreement shall be an xxxxxxx effort on considered a grievance. 10.02 All grievances shall be resolved in accordance with the part terms of the parties this Agreement without stoppage of work, cessation of work, refusal to settle such work or refusal to continue to work, or slowdown. 10.03 If any employee has a grievance, dispute or complaint promptly through they may request the assistance of a Shop Xxxxxxx and/or Business Agent, however only one (1) Shop Xxxxxxx will be present at any grievance meeting. The grievance will be dealt with as speedily and effectively in accordance with the following steps. STEP 1procedure: Step No. Any 1 The employee having a grievance shall first will verbally take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when with the immediate Supervisor. The Xxxxxxx may attend if the employee could reasonably have obtained knowledge requests assistance or may take up the matter on behalf of its occurrence shall be considered automatically closed. STEP 2the employee. In The Shop Xxxxxxx will provide a copy of the event the supervisor in STEP 1 does not give verbal form to management. The Supervisor will render a decision within five (5) working days. Step No. 2 Within five (5) working days, or on a date mutually agreed on between the matter Employer and the Union, after the decision is not satisfactorily settled in STEP given under Step No. 1, the employee grievance may be submitted by the Union in writing to the Employer’s Plant Manager or Xxxxxxx shall reduce their representative, and the nature of the grievance, the remedies sought and the section or sections of the Agreement alleged to have been violated will be set out in the grievance. An authorized representative of the Union may be present if required by either party. It is understood the Employer’s Plant Manager, or their representative may have such counsel or assistance as they may desire. The Employer’s decision will be delivered in writing within ten (10) working days upon receipt of the grievance to at the Employer’s Plant location, or a date mutually agreed on between the Employer and the Union, from the date of presentation of the grievance. 10.04 It is agreed that a grievance arising directly between the Employer and the Union may be submitted in writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance days, or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the a date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree agreed on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator , after the circumstances giving rise to the grievance have occurred, which shall have no authority to be settled under the Grievance and Arbitration procedures set out herein, by: a) Confirming the Employer’s actions in dismissing or suspending the employee, or; b) Reinstating the employee with full compensation for the time lost, reduced by any outside earnings, or; c) By any other lesser penalty or compensation which is reasonable in the opinion of the parties or the Arbitrator, if appointed. d) Any discharged or suspended employee may, within three (3) days of their discharge or suspension, in writing, require the Employer to purchase buildings give to them the reasons for their discharge or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees suspension, and the expense Employer will give such reasons to the employee, in writing, within three (3) days of arbitration such request, and in the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause. 10.05 a) Upon the request of an employee who has received a suspension or discharge, the Employer will allow the employee to consult with the Union Official for a reasonable length of time immediately following the discipline meeting in a place designated by the Employer. In case of written reprimand, consultation will be shared equally by at a time mutually convenient to the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It 7.1 A grievance is mutually agreed that all grievances, disputes or complaints arising under and during an alleged violation of the terms of this Agreement shall and will be settled in accordance with the procedure herein provided. Every effort shall be made handled according to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps: Step 1: Within ten (10) working days after an occurrence or knowledge of an occurrence upon which a grievance is based, the aggrieved employee shall take the matter up at a meeting with his immediate supervisor; the aggrieved may request the presence of the Xxxxxxx or Chief Xxxxxxx. If at this meeting the parties have not been able to resolve the matter, the aggrieved employee may submit a written and signed “Statement of Grievance” to his immediate supervisor which shall name the employee, shall identify all the provisions of this Agreement alleged to be violated by reference, and indicate the relief requested. Within five (5) working days following receipt of the “Statement of Grievance”, the supervisor shall submit a written answer to the employee and to the Union upon the grievance form or attached thereto. If the matter is settled at Step 1, the employee and a Union representative shall sign the grievance stating that result. STEP Step 2: If the matter is not settled at Step 1, the aggrieved employee and the Xxxxxxx or Chief Xxxxxxx may appeal the matter to the Director of Physical Plant within five (5) working days next following the submission of the written answer in Step 1. Any employee having The Director shall submit a grievance shall first take up written answer to the matter with his/her immediate supervisor and Union representative. A grievance not submitted Xxxxxxx or Chief Xxxxxxx within five (5) working days of its occurrence receipt of the appeal. If the matter is settled at Step 2, the Xxxxxxx or when Chief Xxxxxxx shall sign the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedgrievance stating that result. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or Step 3: If the matter is not satisfactorily settled in STEP 1at Step 2, the employee Xxxxxxx or Chief Xxxxxxx shall reduce may appeal the grievance to writing and present a copy matter to the immediate supervisor. Said grievance shall be signed by VP of Student Services & Administration or the grievant and must be presented VP’s designee within five (5) working days to next following the immediate supervisor from the Employer's disposal submission of the grievance written answer in Step 2. The VP of Student Services & Administration or failure to dispose designee shall either: (a) Issue a written disposition within ten (10) working days next following receipt of the written appeal; or (b) Within the same at STEP 1period of time initiate and hold a meeting with the aggrieved employee, the Xxxxxxx, Chief Xxxxxxx and which may include the Union Business agent. Said supervisor shall, The Xxxx of Administrative Services or the designee shall submit a written disposition of the matter within five (5) working days next following the conclusion of the meeting. If the matter is settled at Step 3, the employee and Union representative shall sign stating the results. Step 4: If the grievance is not settled by any of the above steps, the Union, and not an individual employee, may, within fourteen (14) calendar days after receipt of the written grievanceanswer from the Employer, give his decision in writing. The Union may automatically take it notice of its intent to the next step of submit the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3advisory arbitration. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.arbitrator

Appears in 2 contracts

Samples: Custodial/Maintenance Agreement, Custodial/Maintenance Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesSection 5.1 In this Article, disputes or complaints arising under a grievance shall consist only of a dispute concerning interpretation and during application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of this Agreement shall be settled in accordance with the procedure herein providedAgreement. Every effort shall be made If any question arises as to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any whether a particular dispute is or is not a grievance, disputes or complaints arise over within the interpretation or application meaning of these provisions, the contents of this Agreementquestion may be taken up through the Grievance Procedure and determined, there if necessary by arbitration. There shall be an xxxxxxx effort on the part of the both parties to settle such grievance, dispute or complaint grievances promptly through the following steps: Step 1: A grieving employee 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 Xxxxxxx. There shall be an answer within (3) days of work. STEP 1. Any Step 2: If the answer does not satisfy the employee having a involved, then the grievance shall first take up be presented in writing dated and signed to the matter with his/her immediate supervisor and Union representative. A grievance not submitted Centre Manager or his designate within five (5) working days of its occurrence work following receipt of the verbal answer. The Centre Manager or when his designate shall meet with the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In grievor, the event the supervisor in STEP 1 does not give appropriate Xxxxxxx and a decision full-time Union Representative if his presence is requested by either party within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce days of work following receipt of the grievance to writing and present a copy to by the immediate supervisorCentre Manager. Said grievance A written answer shall be signed given by the grievant and must be presented Centre Manager within five (5) working days of work following the meeting. If the grievor is still not satisfied, then the grievance may be referred to arbitration within ten (10) days of work following the immediate supervisor from the EmployerCentre Manager's disposal 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 not processed within the time limits specified, or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union such time limits as may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise be mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitratoragreed upon, shall be conducted under the voluntary rules deemed to have been settled, and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator not be arbitrable. Section 5.3 All monetary grievances that are mutually agreed upon shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a paid the pay day for the pay period in which the grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationwas mutually agreed upon. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes ■ 1. Any dispute or complaints arising under and during the terms of this Agreement grievance shall be settled taken up in accordance with the procedure herein providedset forth below. Every effort shall be made to adjust controversies and disagreements in an amicable manner between However, either party may, at the Employer and appropriate step of the Union. B. Should any grievancegrievance procedure, disputes introduce grievances of a general nature or complaints arise over the general questions of interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on . In such instances the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence procedure shall be considered automatically closed. STEP 2. In as fully exhausted after the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance reply to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled given at Step Three. (a) Step One (1) Grievances will be presented to the Xxxxxxx by an employee and his Xxxxxxx or disposed of at STEP 2by the Xxxxxxx. However, and it has been properly appealed to STEP 3 as provided in STEP 2 above, a grievance affecting an employee individually may be taken up by the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance andemployee involved, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five he so desires. (52) working days of the meeting, The Xxxxxxx shall give his answer to the employee and his Xxxxxxx jointly, within one working day after the presentation of the grievance or advise them that additional time is needed, in writingwhich event the Xxxxxxx shall give his answer within five working days after the presentation of the grievance. STEP (3) If a settlement is not reached between the Xxxxxxx and the Xxxxxxx, the Local may refer the grievance to two representatives of the Local for a discussion in the Department with representatives of Management for settlement if possible. (b) Step Two (1) If no satisfactory settlement is reached at Step One, within two weeks after the Xxxxxxx’x answer is given, the matter may at the option of the Local be referred to representatives of the Local and local management. (2) Representatives designated by the Local and local management shall meet within five working days after such referral to Step Two to discuss the matter. (3) In those cases where it is mutually agreed by Management and Local representatives that an inspection of the job would be helpful in settling the case, a subcommittee of the Local with Management representatives shall be allowed to make an inspection of the job. Local representatives may include the Business Agent or his assistant or officers of the Local. A representative of local management at the level above the Xxxxxxx will meet with the Local representatives by mutual agreement on Step Two cases. (4) The reply of local management will be given to the Local within five working days after the first meeting provided for in Step Two. This time may be extended by mutual agreement. (5) If local management’s reply to a dispute or grievance at Step Two is unsatisfactory, the Local may choose to take the dispute or grievance to Step Three, in which case the Local will notify local management. (c) Step Three (1) If no satisfactory agreement is reached at Step Two, the dispute or grievance may be referred to Step Three, the final step of the grievance procedure, for the consideration of designated representatives of the Union and the Company. (2) The Union will submit such cases to the Company not less than one week before the meeting takes place between the representatives of the Union and the Company and not more than three months after the completion of discussions and the final decision of local management at Step Two. (3) Regular monthly meetings will be held between the Union and the Company to dispose of cases submitted by the Union. An emergency meeting on a given grievance will be held within three days after notice by the Union. (4) The Company will give its final reply to the Union in not more than five days after the initial discussion at Step Three. In emergency meetings, the event reply will be given at the close of the meeting. These times may be extended by mutual agreement. (5) When a Local refers a dispute or grievance to Step Three, and the Company replies to this dispute or grievance at this Step, the grievance is not settled at STEP 3procedure shall be considered fully exhausted. Within sixty days after the date of such reply, the grieving party Union may appeal, within twenty (20) working days of the said judge's answer submit such dispute or failure grievance to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of accordance with the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationArticle XVII. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: National Agreement, National Agreement

GRIEVANCE PROCEDURE. A. It In order for a complaint to be considered timely, an employee must bring the complaint to the attention of the authorized supervisor within seven (7) calendar days of an incident occurring. If the complaint is mutually agreed that all grievancesnot satisfactorily resolved, disputes or complaints arising under and during the terms of this Agreement shall be settled employee may, within seven (7) calendar days following a response from the authorized supervisor submit a grievance to the Union. The Union may subsequently file a grievance with the Employer in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between following steps: The Union, the Employer and the Union. B. Should any Manager, shall meet to discuss the grievance, disputes or complaints arise over . If a settlement satisfactory to the interpretation or application Union is not reached within seven (7) calendar days of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working daysmeeting, or the matter is not satisfactorily settled in STEP 1a time frame mutually agreed upon, the employee or Xxxxxxx shall reduce Union may advance the grievance to writing Step The Union, the and present the Director or their designate, shall meet to discuss the grievance. If a copy settlement satisfactory to the immediate supervisorUnion is not reached within fourteen (14) calendar days of the meeting, or a time frame mutually agreed upon, the Union may advance the grievance to Step The Union, the and Labour Relations shall meet to discuss the grievance. Said If a settlement satisfactory to the Parties is not reached within thirty (30) calendar days of the meeting, or a time frame mutually agreed upon, the Union may advance the grievance Grievances shall be signed by the grievant and must be presented within five (5) working days advanced to the immediate supervisor from next stage should: the Employer's disposal Employer fail to schedule a grievance meeting within ten calendar days of receipt of the grievance; or, the Employer not provide a written response within ten (10) calendar days of the grievance being heard; or failure to dispose of same at STEP 1. Said supervisor shallimmediately above, within five (5) working calendar days after receipt of the written grievance, give his decision in writing. The Union may grievance being automatically take it advanced to the next step stage, the Union must provide written confirmation to the Manager Labour Relations, of its intention to proceed with, or withdraw the grievance. Failure to provide written confirmation shall result in the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or duebeing abandoned. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance Section 25.1. The Employer agrees to meet with the procedure herein provided. Every effort shall be made duly accredited officers of the Local Union and/or its designees as outlined in this Section to adjust controversies and disagreements in an amicable manner resolve differences that may arise between the Employer and the Local Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP Step 1. Any employee having The xxxxxxx on a job or union representative in case of a grievance shall first take up the matter up in writing with his/her the immediate supervisor and Union representativeof the Department in which the person is employed within fifteen (15) working days of the time the union and/or the employee concerned became aware of or should have become aware of the occurrence of the event giving rise to the alleged grievance. Step 2. A If the grievance is not submitted resolved satisfactorily within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor after submission in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP Step 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented submitted in writing within five (5) working days to the immediate supervisor from the Employer's disposal Manager of the Department by the Local Union. Step 3. If the grievance or failure to dispose of same at STEP 1. Said supervisor shall, is not resolved satisfactorily within five (5) working days after receipt of submission to Step 2, the written grievance, give his decision in writing. The Local Union may automatically take it to the next step of shall submit the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed writing within five (5) working days from to the date the answer was received Department Head or due.their designee STEP 3Step 4. In the event If the grievance is not settled or disposed of resolved satisfactorily at STEP 2Step 3 within ten (10) working days after submission, and it has been properly appealed then either party may submit the matter to STEP 3 as provided arbitration according to the procedures set forth in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet Article III. Such an appeal must be filed within twenty (20) working days after receipt of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days decision of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, Department Head or their designee or within twenty (20) working days after such decision was due. A grievance which is not processed within the requisite time limits shall be deemed to be denied according to the Employer's last grievance response. Grievances may be withdrawn at any step of the said judge's answer or failure to answer, to arbitrationgrievance procedure. The time limits at any step may be extended by written mutual agreement of the parties. Section 25.2. Nothing in this Agreement prevents an employee from presenting a grievance to the Employer and having the grievance heard and settled without the intervention of the Union; provided that the Union shall mutually select be afforded the Arbitrator. The arbitration procedures under this contract, including opportunity to be present at such conference and that any settlement made shall not be inconsistent with the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations terms of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into agreement in effect between the Employer and the Union 1. The Arbitrator Employer must notify the Union of the dates and times of all meetings conceming such grievance. 2. Only the Union can agree to a settlement of a grievance. 3. Only the Union shall have no authority the right to require refer grievances to arbitration under the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents 8.01 For purposes of this Agreement, there a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (a) For purposes of this Article, for full-time employees reference to "days" relating to Steps in the grievance and arbitration procedure shall be an xxxxxxx effort on exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the part Steps in Article 8.02, his/her special leave days and regularly scheduled days off other than the above. (b) For the purposes of this Article, for part-time employees, reference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the Steps in Article 8.02, his/her special leave days as applicable. 8.02 It is the mutual desire of the parties hereto that complaints of employees shall be resolved as quickly as possible. It is understood that an employee has no grievance until s/he has first given his/her immediate supervisor the opportunity of resolving his/her complaint. If an employee has a complaint, s/he shall advise the supervisor that s/he wishes to settle such grievance, dispute or hold a complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter meeting and discuss it with his/her immediate supervisor within ten (10) days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The discussion shall be between the employee and his/her immediate supervisor. The employee may request a Union representativeRepresentative be present. A grievance The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a complaint meeting. It is understood that the Human Resources Representative will not submitted take an active part in the discussion. Union agreement will not be unreasonably withheld. The supervisor shall give his/her response to the complaint in writing within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall and, failing settlement, it may be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give then taken up as a decision grievance within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to days following advice of the immediate supervisor's decision in the following manner and sequence. Step #1 A meeting will then be held where the employee, who shall have the assistance of his/her Union Representative, may present his/her grievance to his/her immediate supervisor with the appropriate Director, Branch Assistant, Department Head, or their designate present. Said grievance Upon mutual agreement a National Representative of the Canadian Union of Public Employees may be present at such meeting. The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a step #1 meeting. It is understood that the Human Resources Representative will not take an active part in the discussion. Union agreement will not be unreasonably withheld. Such meeting shall be signed by the grievant and must be presented held within five (5) working days of the complaint being taken up as a grievance unless extended by agreement of the parties. The grievance shall be in writing on a grievance form approved by the Employer and the Union shall include the nature of the grievance, the remedy sought and shall be sufficiently specific to identify the provisions of the Agreement which are alleged to have been violated. The immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, shall deliver his/her decision in writing within five (5) working days following the presentations of the grievance to him/her. Failing settlement: Step #2 Within five (5) days after receipt the decision in Step #1, the grievor, who shall have the assistance of the written Union Grievance Committee, may submit the grievance in writing to the Chief Human Resources Officer, or his/her designate. A meeting will then be held between the Chief Human Resources Officer, or his/her designate, and the Union Grievance Committee (which shall not exceed three (3) in number, including a representative in the Department in which the grievance arose). Such meeting shall be held within ten (10) days of submission of the grievance at Step #2 unless extended by agreement of the parties. It is understood and agreed that a National Representative of the Canadian Union of Public Employees may be present at such meeting at the request of either party and that the Employer may also have such counsel and assistance as it may desire. The decision of the Chief Human Resources Officer, or his/her designate, shall be delivered in writing within seven (7) days following the date of such meeting. In all of the above Steps where the grievance relates to a job posting, "supervisor" shall mean the Supervisor or Department Head where the vacancy exists. 8.03 It is agreed that a policy grievance arising between the Employer and the Union relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, shall be originated under Step #2 within ten (10) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the party filing the grievance and the time limits set out with respect to that Step shall appropriately apply. 8.04 Where a number of employees have the same grievance, give his and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step #2 within ten (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees or the Union and the time limits set out with respect to that Step shall appropriately apply. 8.05 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision in writing. The Union under Step #2 is given, the grievance shall be deemed to have been abandoned. 8.06 Where no written answer has been given within the time limit specified, the grievance may automatically take it be submitted to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3foregoing procedure, provided they have been appealed within five (5) working days from the date the answer was received or dueincluding arbitration. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle 8.07 No adjustment effected under the grievance or otherwise dispose of itarbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Employer, or, if applicable, the said judge, within five (5) working days date of the meeting, shall give his answer to alleged violation providing it does not exceed the grievance time limits set out in writingArticle 8.02. STEP 4. In the event the grievance 8.08 It is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, understood that all steps in the event Grievance and Arbitration process are considered as time worked, and treated and compensated as such except where the employee(s) have been terminated, laid off, or currently on suspension. 8.09 The parties are not able agree that in order to mutually agree on prevent an Arbitratoremployee who is alleging harassment from having to present an oral complaint or grievance to a respondent, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must may be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to filed at the next step within in the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumgrievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesDEFINITIONS: 1. A grievance shall be an alleged violation, disputes misinterpretation, or complaints arising under and during misapplication of the express terms of this Agreement Agreement. 2. No grievance shall be settled in accordance with considered if not filed or appealed within the procedure herein providedtime limits specified herein. 3. Every effort Working days shall be made defined as Monday through Friday, excluding all holidays, except the last week of school, days converted to adjust controversies calendar days, excluding Saturday and disagreements in an amicable manner between the Employer and the UnionSunday. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. A. Any employee having a grievance shall first take up discuss the matter grievance informally with his/her the immediate supervisor and Union representativesupervisor. A If the grievance is not submitted settled orally within five (5) working days of its occurrence or when occurrence, the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In may discuss the event alleged grievance with the supervisor in STEP 1 does not give a decision xxxxxxx within the five (5) working days, or days of the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce alleged infraction for submission under Paragraph B. B. The xxxxxxx may submit the grievance to in writing and present a copy to the immediate supervisor. Said grievance shall be signed by Transportation Supervisor within the grievant and must be presented within five (5) working days to day period specified above in Paragraph A, stating the immediate supervisor from remedy or correction requested plus the Employer's disposal of facts upon which the grievance is based and the alleged contract violation. The employee shall sign the grievance. The xxxxxxx or failure alternate shall initial grievances to dispose of same at STEP 1. Said supervisor shall, indicate its receipt. A. The Transportation Supervisor shall within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step submission of the grievance procedure if no decision is given in five (5) working days by meet with the said supervisor. Unresolved grievances shall proceed xxxxxxx and the employee to STEP 3, provided they have been appealed within five (5) working days from discuss the date the answer was received or duegrievance. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and B. The Transportation Supervisor shall give a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement decision in writing to discuss the grievance and, if xxxxxxx and the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, employee within five (5) working days of the meeting, meeting with the xxxxxxx and the employee. A. Any appeal of a decision rendered by the Transportation Supervisor shall give his answer be presented to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, Assistant Superintendent for Human Resources within twenty five (205) working days of the said judge's answer receipt of the Transportation Supervisor’s written decision. B. The Assistant Superintendent for Human Resources or failure to answer, to arbitration. The Employer and designee shall meet with the Business Representative of the Union shall at a time mutually select the Arbitrator. The arbitration procedures under this contractagreeable to them, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations but no later than fifteen (15) working days following receipt of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationappeal. C. Any grievance not appealed from The Assistant Superintendent for Human Resources shall give a decision in one writing relative to the grievance within five (5) working days of the steps above to meeting with the next step within Business Representative of the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumUnion.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement 16.01 A grievance shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievancea difference, dispute or complaint promptly through arising over the following stepsinterpretation, application or alleged violation of this Agreement. At Step 2 below, an employee grievance shall be submitted in writing and signed by the employee and shall include the Article in this Agreement in dispute. In situations where the employee is unable to sign a grievance due to legitimate reason, the grievance may be signed by an Association official, and such will not detract from the arbitrability of the grievance. STEP 1Step 1 By a discussion between the aggrieved employee and his immediate supervisor, the parties shall attempt to resolve the grievance. Any employee having a grievance The supervisor shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a his decision within five (5) full working days. Failing settlement, or then: Step 2 Within five (5) full working days following the matter is not satisfactorily settled decision in STEP Step 1, an official or officials of the employee or Xxxxxxx Association shall reduce meet with representatives of the grievance to writing and present a copy to Company, at which time written records of the immediate supervisor. Said grievance shall be signed by the grievant and must presented. The decision shall be presented given in writing within five (5) full working days to following this meeting. 16.02 Failing settlement under Step 2 of any difference between the immediate supervisor parties arising from the Employer's disposal alleged violation of the grievance or failure this Agreement, such difference may be taken to dispose of same at STEP 1. Said supervisor shallarbitration as hereinafter provided, and if no written request for arbitration is received within five ten (510) full working days after receipt of the written grievance, give his decision in writing. The Union Step 2 is given, the grievance shall be deemed to have been abandoned. 16.03 No complaint or grievance may automatically take it to the next step of be submitted or considered under the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have unless it has been appealed presented within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge time of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer incident giving rise to the grievance in writing. STEP 4grievance. In All time limits for the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer filing or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as moving a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within are mandatory time limits, however the prescribed parties, and as evidenced in writing, may mutually agree to extend such time limits frames. 16.04 Any complaint or grievance concerning or affecting a group of employees shall be considered dropped and originated under Step 2. 16.05 Any complaint or grievance arising directly between the Company & the Association shall be originated under Step 2. 16.06 Discipline or reprimands not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.be used against members three

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during 15.1 During the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents term of this Agreement, there any difference concerning the dismissal, discipline or suspension of an employee or the interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitrable, or any other dispute as defined in the Labour Relations Code shall without stoppage of work, be the subject of collective bargaining between the Union and the Employer and shall be an xxxxxxx effort on finally and conclusively settled under and by the part following procedure: Step 1 The aggrieved person or the Job Xxxxxxx or the Union shall, in the first instance, give full particulars of a grievance in writing to the Superintendent. This first step of the parties to settle such grievancegrievance procedure shall be exercised by the aggrieved person within ten (10) working days of the occurrence of the incident being grieved or disputed, dispute it being understood, however, that a grievance may be filed by the Job Xxxxxxx or complaint promptly through the following stepsUnion within ten (10) working days of their becoming aware of the occurrence. STEP 1. Any employee having a Step 2 If the alleged grievance shall first take up is not settled within fifteen (15) working days of being referred to the Superintendent, or any extended time that may be agreed upon, or if the Superintendent says the matter with his/her immediate supervisor and is beyond the Superintendent's authority, the Employer or the Union representative. A grievance not submitted may, within five (5) working days of its occurrence refer the matter to the Department Head or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closeddesignate. STEP 2. In Step 3 Any dispute between the event Employer and the supervisor in STEP 1 does Union which is beyond the jurisdiction of any one Superintendent may be submitted by the Employer or the Union directly to the Department Head or designate. Step 4 If the grievance is not give a decision settled within fifteen (15) working days of being referred to the Department Head or designate or any extended time that may be agreed upon, the matter may, within five (5) working days, be referred by the Employer or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy Union to the immediate supervisor. Said grievance shall be signed by City Manager or designate and the grievant and must be presented within five (5) working days to City Manager or designate shall, upon the immediate supervisor from the Employer's disposal request of the grievance Employer or failure to dispose of same at STEP 1. Said supervisor shallthe Union and with all reasonable dispatch, but in any event within five ten (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (510) working days from receipt of such request, arrange for meetings between the date City Manager or designate and the answer was received Union. If no settlement is reached within two (2) calendar months of the meeting between the City Manager or due. STEP 3. In designate and the event Union, the grievance may be submitted by the Union to a Board of Arbitration within two (2) calendar months of receiving the Employer’s response and the grievance shall be finally and conclusively settled without stoppage of work, by arbitration. If such referral is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovemade within the above specified time period, the presiding judge grievance shall be deemed abandoned. A Board of Arbitration shall consist of one (1) person to be mutually appointed by the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union unless both parties agree to use a three-person Board of Arbitration, which shall then consist of one (1) person appointed by each party and a chairperson to be mutually select agreed by the Arbitratortwo (2) appointees. The arbitration procedures under this contract, including Each party shall bear the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations expenses of the American Arbitration Association. The Arbitrator arbitrator appointed by such party and shall proceed as promptly as possible to hear pay half the controversy between expenses of the partieschairperson. The decision of the Arbitrator Board shall be final and binding and final on both parties. The Arbitrator's decision Where the parties are unable to agree on any matter properly submitted as an arbitrator or a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step chairperson within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.fourteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It 9.01 A "grievance" is mutually agreed that all grievancesdefined as any question or controversy between any employee or the UNION with the EMPLOYER involving the interpretation, disputes application or complaints arising under and during compliance with or noncompliance with the terms provisions of this Agreement shall be settled in accordance with AGREEMENT; provided, however: A. If specific administrative agency relief of a quasi-judicial nature is provided for by the procedure herein provided. Every effort shall statutes of the state of Ohio and/or the United States for review or redress of a specific matter (such as Workers' Compensation, Unemployment Compensation, EEOC, Civil Rights Commission), such matter may not be made to adjust controversies the subject of a grievance and disagreements in an amicable manner between the Employer and the Unionmay not be processed as such. B. Should Any action by the EMPLOYER or any recommendation of the SUPERINTENDENT to terminate the employment of any employee with the EMPLOYER may be made the subject of a grievance and may be processed as such except for drug and alcohol terminations. C. Any matter specifically excluded from the processing of a grievance pursuant to specific provisions of this AGREEMENT may not be made the subject of a grievance and may not be processed as such. 9.02 All employees must make every effort to settle differences or disputes without filing a grievance. In the event that an agreement cannot be reached, the following steps must be taken with respect to any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there : Step 1 The aggrieved employee shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with present his/her grievance in writing by fully completing the Step 1 Grievance Form to the employee's immediate supervisor, who will answer the grievance within ten (10) work days after receipt. This written presentation of the grievance to the immediate supervisor and Union representativemust take place within ten (10) work days after the employee has knowledge of the facts which gave rise to the grievance or with reasonable diligence should have knowledge of such facts. A If the employee does not refer his/her grievance not submitted to the second step of the procedure within five (5) working work days after receipt of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence decision rendered in this step, it shall be considered automatically closedto be satisfactorily resolved. If the grievance is processed as a class/group grievance it shall move directly to step 2. STEP 2Step 2 The grievance shall be referred in writing by fully completing the Step 2 Grievance Form to the Division Head who will investigate the grievance with the head of the Department. In The Division Head will reply within ten (10) workdays. If the event employee is not satisfied with the supervisor in STEP 1 does written answer of the Division Head, the employee may refer his/her grievance to the third step of the grievance procedure. If the grievance is not give a decision referred to the third step within five (5) working daysworkdays of receipt of reply from the Division Head, or the matter is not it shall be considered to be satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said resolved. Step 3 The grievance shall be signed submitted in writing by fully completing the grievant and must be presented within five (5) working days Step 3 Grievance Form to the immediate supervisor from SUPERINTENDENT, or his/her designee, who shall investigate the Employer's disposal grievance within thirty (30) days. As part of such investigation, the SUPERINTENDENT or his/her representative(s) shall meet with the aggrieved employee and his/her representative and others having knowledge of the grievance or failure to dispose of same at STEP 1matter. Said supervisor shall, within five Within fifteen (515) working days workdays after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision this investigation meeting is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 aboveheld, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his SUPERINTENDENT'S answer to the grievance in writing. STEP 4will be issued to the aggrieved employee, the UNION and all other affected individuals. In If the event EMPLOYER fails to timely answer at Step 3 and the UNION has served notice at the Step 3 hearing that it demands a timely answer, the grievance is not shall be deemed settled at STEP 3, the grieving party may appeal, within twenty (20) working days in favor of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as grievant without establishing a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationprecedent. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances7.01 Should a dispute arise between the Board and any employee(s) regarding the interpretation, disputes meaning, operation or complaints arising under and during the terms application of this Agreement, or should an allegation be made that this Agreement shall be settled in accordance with the procedure herein provided. Every has been violated, an xxxxxxx effort shall be made to adjust controversies and disagreements settle the dispute in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there following manner: The grievance shall be an xxxxxxx effort on the part of the parties to settle such grievancesubmitted, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted in writing, within five fifteen (515) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2alleged incident. In the event of the supervisor in STEP 1 does not give a decision grievance originating while an employee is on an approved leave of absence from work, such grievance shall be lodged within five fifteen (515) working daysdays of the said employee returning to work. Replies to grievances shall be in writing at all stages. Step 1: The employee concerned, or together with the matter is not satisfactorily settled Union Xxxxxxx, if the employee so wishes, shall first seek to settle the dispute with the employee's Supervisor, by submitting the grievance in STEP writing. Step 2: Failing mutual agreement at Step 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by presented, in writing, to the grievant and must be presented Superintendent within five ten (510) working days to of the immediate supervisor from the EmployerSupervisor's disposal response. The Superintendent shall respond, in writing, within ten (10) working days of receipt of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP Step 2. Step 3, provided they have been appealed : Failing satisfactory settlement within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP response under Step 2, and it has been properly appealed the employee(s) concerned together with the Union Representative will submit to STEP 3 as provided in STEP 2 above, the presiding judge Board a written statement of the Court involved and a representative particulars of the Local Union complaint and MAPE the redress sought. The Board shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, render its decision within five (5) working days following the regular Board meeting falling immediately after receipt of the meeting, shall give his answer to the grievance in writingsaid written complaint. STEP Step 4. In the event the grievance is not settled at STEP : Failing satisfactory settlement being reached in Step 3, the grieving party Union may appeal, within twenty fifteen (2015) working days of receiving the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The ArbitratorBoard's decision on any matter properly submitted as a grievance for give notice in writing to the Board of its intentions to refer the dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from 7.02 An employee considered by the Union to be wrongfully discharged or suspended shall be entitled to a decision in one hearing under this Article. Steps 1 and 2 of the steps above to the next step within the prescribed time limits grievance procedure shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumomitted in such cases.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. 8.01 For 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 the Agreement including any question as to whether a matter is arbitrable. (a) For purposes of this Article, for full-time employees reference to "days" relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the Steps in Article 8.02, their special leave days, authorized absence days, vacation and regularly scheduled days off other than the above. (b) For the purposes of this Article, for part-time employees, reference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the Steps in Article 8.02, their special leave days, authorized absence days, vacation and regularly scheduled days off other than above. 8.02 It is mutually the mutual desire of the parties hereto that complaints of employees shall be resolved as quickly as possible. It is understood that an employee has no grievance until they have first given their immediate supervisor the opportunity of resolving their complaint. If an employee has a complaint, they shall advise the supervisor that they wish to hold a complaint meeting and discuss it with their immediate supervisor within ten (10) days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The discussion shall be between the employee and their immediate supervisor. The employee may request a Union Representative be present. The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a complaint meeting. It is understood that the Human Resources Representative will not take an active part in the discussion. Union agreement will not be unreasonably withheld. An employee who alleges harassment shall request a complaint meeting within one hundred and eighty (180) calendar days after the last incident of alleged harassment. If a harassment complaint is filed by the employee under an internal procedure provided by the Employer, the employee shall have until ten (10) days after the Employer’s decision under that process to make a complaint or initiate a grievance under this article at the step agreed by the parties. The supervisor shall give their response to the complaint in writing within five (5) days and, failing settlement, it may be then taken up as a grievance within five (5) days following advice of the immediate supervisor's decision in the following manner and sequence. Step #1 A meeting will then be held where the employee, who shall have the assistance of their Union Representative, may present their grievance to their immediate supervisor with the appropriate Director, Branch Assistant, Department Head, or their designate present. Upon mutual agreement a National Representative of the Canadian Union of Public Employees may be present at such meeting. The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a step #1 meeting. It is understood that the Human Resources Representative will not take an active part in the discussion. Union agreement will not be unreasonably withheld. Such meeting shall be held within five (5) days of the complaint being taken up as a grievance unless extended by agreement of the parties. The grievance shall be in writing on a grievance form approved by the Employer and the Union shall include the nature of the grievance, the remedy sought and shall be sufficiently specific to identify the provisions of the Agreement which are alleged to have been violated. The immediate supervisor shall deliver their decision in writing within five (5) days following the presentations of the grievance to them. Failing settlement: Step #2 Within five (5) days after the decision in Step #1, the grievor, who shall have the assistance of the Union Grievance Committee, may submit the grievance in writing to the Chief Human Resources Officer, or their designate. A meeting will then be held between the Chief Human Resources Officer, or their designate, and the Union Grievance Committee (which shall not exceed three (3) in number, including a representative in the Department in which the grievance arose). Such meeting shall be held within ten (10) days of submission of the grievance at Step #2 unless extended by agreement of the parties. It is understood and agreed that all grievancesa National Representative of the Canadian Union of Public Employees may be present at such meeting at the request of either party and that the Employer may also have such counsel and assistance as it may desire. The decision of the Chief Human Resources Officer, disputes or complaints arising under and during the terms of this Agreement their designate, shall be settled delivered in accordance with writing within seven (7) days following the procedure herein provideddate of such meeting. Every effort In all of the above Steps where the grievance relates to a job posting, "supervisor" shall be made to adjust controversies and disagreements in an amicable manner mean the Supervisor or Department Head where the vacancy exists. 8.03 It is agreed that a policy grievance arising between the Employer and the UnionUnion relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, shall be originated under Step #2 within ten (10) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the party filing the grievance and the time limits set out with respect to that Step shall appropriately apply. B. Should any 8.04 Where a number of employees have the same grievance, disputes and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step #2 within ten (10) days after the circumstances giving rise to the grievance have occurred or complaints arise over ought reasonably to have come to the interpretation or application attention of the contents employees or the Union and the time limits set out with respect to that Step shall appropriately apply. 8.05 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, there shall be an xxxxxxx effort on the part of the parties including any question as to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having whether a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision under Step #2 is given, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by deemed to have been abandoned. 8.06 Where no written answer has been given within the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of time limit specified, the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it be submitted to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3foregoing procedure, provided they have been appealed within five (5) working days from the date the answer was received or dueincluding arbitration. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle 8.07 No adjustment effected under the grievance or otherwise dispose of itarbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Employer, or, if applicable, the said judge, within five (5) working days date of the meeting, shall give his answer to alleged violation providing it does not exceed the grievance time limits set out in writingArticle 8.02. STEP 4. In the event the grievance 8.08 It is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, understood that all steps in the event Grievance and Arbitration process are considered as time worked, and treated and compensated as such except where the employee(s) have been terminated, laid off, or currently on suspension. 8.09 The parties are not able agree that in order to mutually agree on prevent an Arbitratoremployee who is alleging harassment from having to present an oral complaint or grievance to a respondent, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must may be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to filed at the next step within in the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumgrievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents 8.01 For purposes of this Agreement, there a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. (a) For purposes of this Article, for full-time employees reference to "days" relating to Steps in the grievance and arbitration procedure shall be an xxxxxxx effort on exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the part Steps in Article 8.02, his/her special leave days and regularly scheduled days off other than the above. (b) For the purposes of this Article, for part-time employees, reference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the Steps in Article 8.02, his/her special leave days as applicable. 8.02 It is the mutual desire of the parties hereto that complaints of employees shall be resolved as quickly as possible. It is understood that an employee has no grievance until s/he has first given his/her immediate supervisor the opportunity of resolving his/her complaint. If an employee has a complaint, s/he shall advise the supervisor that s/he wishes to settle such grievance, dispute or hold a complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter meeting and discuss it with his/her immediate supervisor within ten (10) days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The discussion shall be between the employee and his/her immediate supervisor. The employee may request a Union representativeRepresentative be present. A grievance The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a complaint meeting. It is understood that the Human Resources Representative will not submitted take an active part in the discussion. Union agreement will not be unreasonably withheld. The supervisor shall give his/her response to the complaint in writing within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall and, failing settlement, it may be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give then taken up as a decision grievance within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to days following advice of the immediate supervisor's decision in the following manner and sequence. Step #1 A meeting will then be held where the employee, who shall have the assistance of his/her Union Representative, may present his/her grievance to his/her immediate supervisor with the appropriate Director, Branch Assistant, Department Head, or their designate present. Said grievance Upon mutual agreement a National Representative of the Canadian Union of Public Employees may be present at such meeting. The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a step #1 meeting. It is understood that the Human Resources Representative will not take an active part in the discussion. Union agreement will not be unreasonably withheld. Such meeting shall be signed by the grievant and must be presented held within five (5) working days of the complaint being taken up as a grievance unless extended by agreement of the parties. The grievance shall be in writing on a grievance form approved by the Employer and the Union shall include the nature of the grievance, the remedy sought and shall be sufficiently specific to identify the provisions of the Agreement which are alleged to have been violated. The immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, shall deliver his/her decision in writing within five (5) working days following the presentations of the grievance to him/her. Failing settlement: Step #2 Within five (5) days after receipt the decision in Step #1, the grievor, who shall have the assistance of the written Union Grievance Committee, may submit the grievance in writing to the Director of Human Resources, or his/her designate. A meeting will then be held between the Director of Human Resources, or his/her designate, and the Union Grievance Committee (which shall not exceed three (3) in number, including a representative in the Department in which the grievance arose). Such meeting shall be held within ten (10) days of submission of the grievance at Step #2 unless extended by agreement of the parties. It is understood and agreed that a National Representative of the Canadian Union of Public Employees may be present at such meeting at the request of either party and that the Employer may also have such counsel and assistance as it may desire. The decision of the Director of Human Resources, or his/her designate, shall be delivered in writing within seven (7) days following the date of such meeting. In all of the above Steps where the grievance relates to a job posting, "supervisor" shall mean the Supervisor or Department Head where the vacancy exists. 8.03 It is agreed that a policy grievance arising between the Employer and the Union relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, shall be originated under Step #2 within ten (10) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the party filing the grievance and the time limits set out with respect to that Step shall appropriately apply. 8.04 Where a number of employees have the same grievance, give his and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step #2 within ten (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees or the Union and the time limits set out with respect to that Step shall appropriately apply. 8.05 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision in writing. The Union under Step #2 is given, the grievance shall be deemed to have been abandoned. 8.06 Where no written answer has been given within the time limit specified, the grievance may automatically take it be submitted to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3foregoing procedure, provided they have been appealed within five (5) working days from the date the answer was received or dueincluding arbitration. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle 8.07 No adjustment effected under the grievance or otherwise dispose of itarbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Employer, or, if applicable, the said judge, within five (5) working days date of the meeting, shall give his answer to alleged violation providing it does not exceed the grievance time limits set out in writingArticle 8.02. STEP 4. In the event the grievance 8.08 It is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, understood that all steps in the event Grievance and Arbitration process are considered as time worked, and treated and compensated as such except where the employee(s) have been terminated, laid off, or currently on suspension. 8.09 The parties are not able agree that in order to mutually agree on prevent an Arbitratoremployee who is alleging harassment from having to present an oral complaint or grievance to a respondent, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must may be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to filed at the next step within in the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumgrievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed 12.01 The Company agrees that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and elect from themselves a Union Xxxxxxx at a meeting duly called by the Union. B. 12.02 Should any grievancean employee have a complaint, disputes he shall discuss this with his Union Xxxxxxx who will proceed to take the matter up with the Company or complaints arise over its chosen Representative. The Union Xxxxxxx may request the interpretation or application presence of the contents of this Agreement, there Union Representative as such a meeting. 12.03 The Company shall be an xxxxxxx effort on under no obligation to consider or process any complaint unless such complaint has been presented to the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted Company in writing within five (5) working days of its occurrence from the time the circumstances upon which the complaint is based, were known or when should have been known by the employee could reasonably have obtained knowledge of its occurrence complaining employee. Any complaint not put in writing within the required time limit shall be considered automatically closeddeemed to be abandoned. STEP 2. In 12.04 Should the event Union and the supervisor in STEP 1 does not give Representative of the Company fail to arrive at a decision satisfactory settlement within five three (53) working days, or any other time mutually agreed upon, the matter is not satisfactorily settled in STEP 1, shall then be referred to Arbitration as herein with provided for. 12.05 Any complaints which the employee or Xxxxxxx shall reduce the grievance to writing and present a copy Company may have as to the immediate supervisor. Said grievance carrying out of this Agreement or as to the conduct or work of any employee, shall be signed by the grievant and must be presented within five (5) working days made to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writingUnion Xxxxxxx. The Union may automatically take Xxxxxxx shall immediately deal with the said complaint and if necessary, he shall bring it to the next step representative of the grievance procedure if no decision is given in five (5) working days 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 said supervisor. Unresolved grievances Union against the Company shall proceed be communicated to STEP 3, provided they have been appealed within five (5) working days from the date Company by the answer was received Union Xxxxxxx or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, Union Representative and it has been properly appealed to STEP 3 as provided in STEP 2 aboveshall be dealt with immediately at a meeting between the Union Xxxxxxx, the presiding judge of the Court involved Union representative and a representative of the Local Company. 12.07 In the event of failure to agree, both parties will refer the dispute to a meeting between the Union and MAPE 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 meet within twenty be referred to Arbitration as herein provided for. 12.08 No grievance by any employee shall be considered, which has originated seven (207) working days prior to its presentation. 12.09 No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the day of appeal, unless otherwise mutually extended by Agreement in writing grievance procedure within the time order and steps specified. Any and all time limits referred to discuss under the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties herein are not able to mutually agree on an Arbitrator, shall mandatory and may be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy extended only by mutual agreement between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer Company and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It A grievance is mutually agreed that all grievancesdefined to be a complaint by an employee within the Association based upon an event or condition which is claimed or considered to be a violation, disputes misinterpretation or complaints arising under misapplication of this Agreement. B. Nothing contained herein will be construed as limiting the right of any employee having a grievance to discuss the matter informally with any supervisory or administrative personnel and during have the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement Agreement, and the Association has been given the opportunity to be present at such adjustment. Likewise, nothing contained herein shall preclude the Employer from utilizing the grievance procedures set forth herein in connection with grievances. C. The Association is prohibited from processing a grievance on behalf of an employee or group of employees without his/her/their initiating the grievance. D. Grievances shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps.manner: STEP Step 1. Any An employee having with a grievance shall will first take up the matter discuss it with his/her immediate supervisor and Union representativewith the objective of resolving the matter informally. A An Association representative should be present during the discussion. Step 2. If the grievance has not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence been settled, it shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance reduced to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from or his/her designated representative who shall forthwith meet and adjust the Employer's disposal grievance with the employee and the Association representative. Step 3. If the grievance remains unadjusted for five days after, it may be presented in writing by the employee or Association to the Assistant Superintendent, Employee Services within five days after the response of the grievance or failure department head with copies to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writingAssociation representative and immediate supervisor. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3Assistant Superintendent, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and Employee Services will set up a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing meeting to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of itwithin five working days. Within five working days after such meeting, the said judgeAssistant Superintendent, within five (5) working days of the meeting, Employee Services shall give his his/her answer in writing to the grievance in writingAssociation representative with copies to the employee and his/her immediate supervisor. STEP Step 4. In the event If the grievance is not settled at STEP 3still unsettled, the grieving party Association may appeal, within twenty fifteen (2015) working days of after the said judge's Step 3 answer or failure to answer, date the answer is due submit the grievance to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration AssociationAssociation shall govern the filings of the demand for arbitration, the selection of the arbitrator, the conducting of the hearing, and all other matters surrounding the arbitration process. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision power of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of arbitrator stems from this Agreement or any supplemental agreements entered into between the Employer and the Unionhis/her function is to interpret and apply this Agreement and to pass upon alleged violations thereof. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator He/she shall have no power to add to or to, subtract from or modify any of the terms of this Agreement, nor shall he/she have any power or authority to make any decision which requires the commission of an act prohibited by law or violates the terms of the Agreement. The cost for the services of the arbitrator, including per diem expenses, and the American Arbitration Association filing fees, shall be borne equally by the School District and the Association. All other expenses shall be borne by the party incurring them, and neither party will be responsible for the expense of witnesses called by the other. The arbitrator shall have authority in cases where a member has been discharged, disciplined or deprived of any compensation to reinstate with no full or partial reimbursement of compensation lost and to restore fully, partially or not at all, other rights and conditions of this Agreementemployment. The Arbitrator's fees decision of the arbitrator shall be final and binding on the School District, the Association and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationemployee. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Any grievance (an alleged violation of a specific article or section of this Agreement) shall be settled in the following manner: A. It is mutually agreed that all grievances, disputes disputes, or complaints complaints, arising under and during the terms of this Agreement agreement shall be settled in accordance with the procedure herein provided. provided and there shall at no time by any strikes, tie-ups of equipment, slowdowns, walkouts, or any other cessation of work through the use of any method of lockout or legal proceedings. B. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer employer and the Union. B. C. Should any grievance, disputes dispute, or complaints complaint arise over the interpretation or application of the contents of this Agreementagreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps.: STEP 1. Any Step 1 - The President/Union Xxxxxxx and/or aggrieved employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted shall, within five fifteen (515) working days of its the occurrence or when point of information, present the employee could reasonably have obtained knowledge of its occurrence grievance orally to the Building and Grounds Supervisor. The Building and Grounds Supervisor shall attempt to adjust the matter. Step 2 - If the grievance has not been settled at Step 1, it shall be considered automatically closed. STEP 2presented in writing by the union xxxxxxx and/or aggrieved employee to the Building and Grounds Supervisor in the same time frame as Step 1. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or The Building and Grounds Supervisor shall attempt to adjust the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy his/her written response to the immediate supervisor. Said grievance union xxxxxxx and aggrieved employee shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, made within five (5) working days after receipt of receiving notification that a grievance exists. Step 3 - If the written grievancegrievance has not been settled at Step 2, give his decision it shall be presented in writing. The Union may automatically take it writing by the union xxxxxxx and/or aggrieved employee to the next step of the grievance procedure if no decision is given in five Superintendent or designee within ten (510) working days by after the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge response of the Court involved Building and Grounds Supervisor. The Superintendent shall arrange a representative of the Local Union and MAPE shall meet meeting within twenty ten (2010) working days of receipt of the day of appealgrievance with the president, unless otherwise mutually extended by Agreement chief xxxxxxx council or international representative and the aggrieved employee to try to resolve the grievance. The Superintendent or designee shall respond in writing to discuss the grievance and, if union xxxxxxx and aggrieved employee (with a copy to the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, local union president) within five fifteen (515) working days of after receiving the meeting, shall give his answer to the grievance in writinggrievance. STEP 4. In the event Step 4 - If the grievance is not settled unsettled at STEP Step 3, the grieving party Union may appeal, request the services of a mediator from the Michigan Employment Relations Commission within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.twenty

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 10.01 It is the mutual desire of the parties hereto that grievances shall be addressed as quickly as possible without any interference to Employer operations or stoppage of work. 10.02 A grievance shall be defined as a complaint regarding the meaning, interpretation, application or alleged violation of this Agreement, or in the case of a non-probationary employee, a complaint that he/she has been discharged or disciplined without just cause. 10.03 A grievance must be processed within the time limits specified herein, unless the Union and the Employer have mutually agreed in writing to extend the time limits to a fixed date. Where a grievance is not submitted or advanced within the time limits specified herein, or such time limit as is mutually agreed that all grievancesto by the Union and the Employer in writing, disputes such grievance shall be deemed to have been abandoned and further recourse to the grievance procedure or complaints to arbitration shall be forfeited and waived. 10.04 Any employee, the Union or the Employer may present a grievance at Step 1 within seven (7) days following the event giving rise to such grievance. Any grievance which is not presented within seven (7) days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved party. 10.05 The procedure for adjustment of a grievance by an employee shall be as follows: Step 1 The employee or the xxxxxxx shall notify the employee’s immediate manager and/or Store Owner/Manager of the grievance within seven (7) days following the event giving rise to such grievance, and a discussion shall thereafter occur between the employee, the Xxxxxxx and the employee’s immediate Manager and/or Store Owner/Manager. The employee’s immediate Manager or Store Owner/Manager shall reply within seven (7) days following the discussion and failing a satisfactory settlement, then: Step 2 The employee may submit a written grievance to the Store Owner/Manager within seven (7) days following receipt of the reply of the employee’s immediate Manager or Store Owner/Manager at Step 1. The Store Owner/Manager shall reply in writing within seven (7) days following receipt of the written grievance and failing a satisfactory settlement, then: Step 3 The full-time Union representative may request a meeting with the Store Owner/Manager within seven (7) days following the reply of the Store Owner/Manager at Step 2. The Store Owner/Manager shall reply in writing within seven (7) days following the meeting and failing a satisfactory settlement then the matter may be referred to arbitration subject to and in accordance with Article 11. A grievance can be submitted to arbitration only within seven (7) days following receipt of the Employer’s Step 3 reply. Any unresolved grievance not submitted to arbitration within seven (7) days shall be deemed to have been abandoned and recourse to arbitration shall be forfeited and waived. 10.06 A grievance arising under directly between the Employer and during the terms Union concerning the interpretation, application or alleged violation of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between initiated by either the Employer and or the UnionUnion at Step 3 of the grievance procedure within seven (7) days after the event or circumstance giving rise to such policy grievance. B. Should any grievance10.07 In the event a non-probationary employee claims he/she has been suspended or discharged without just cause or a probationary employee claims he/she has been discharged for a reason contrary to the Human Rights Code (British Columbia), disputes or complaints arise over the interpretation or application such employee shall submit a written grievance at Step 2 of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted procedure within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally being notified by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationof his/her suspension or discharge. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesIn this article, disputes or complaints arising under and during the terms of this Agreement a grievance shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over concern the interpretation or and application of the contents of any clause in this Agreementagreement, there shall be an xxxxxxx effort on the part alleged violation of the parties to settle such grievanceagreement, and alleged abuses by supervisory personnel in the treatment of employees. Any question of whether a dispute or complaint promptly is a grievance may be taken up through the following steps. STEP 1. grievance procedure and, if necessary, carried to Any employee having a grievance shall first take up discuss same with an official of the matter with his/her immediate supervisor Company not later than two days (Saturdays, Sundays and observed holidays excepted) from the time the complaint arose. The employee may be accompanied by his Xxxxxxx. He shall be given an answer within two days (Saturdays, Sundays and observed holidays excepted) from the time the discussion took place. For matters not covered by Article the Company and Union representativemay each file a policy grievance. A Such grievance not submitted within five (5) working days of its occurrence or when will be taken up directly at the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2General Chairman stage. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1Failing settlement above, the employee or Xxxxxxx Union shall reduce present the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by general manager of the grievant and must be presented Company within five seven (57) working days to after receiving the immediate supervisor reply from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writinglocal Manager. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances General Manager shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer reply to the grievance in writing. STEP 4writing within seven (7) days of receiving it. In the event If no settlement is reached, the grievance is not settled at STEP 3, the grieving party may appeal, shall be submitted for final settlement to arbitration within twenty (20) working ten days of the said judgeGeneral Manager's answer or failure to answerreply on submission of written notice. Failing this, to arbitrationthe grievance will be deemed settled in accordance with that reply. In any of the preceding steps, the presence of a representative of Local of the CAW may be requested by either party. arbitration is required, the arbitration provisions contained in the "Canada Labour Code" shall be used. Mere arbitration is required the arbitrator will be selected from the following group in rotation.That is, after an arbitrator is selected the next arbitrator on the list will become the first choice. The Employer arbitrators will be Xxxxxxxxx, Xxxxxxx, Xxxxx, and It shall be the Union responsibility of the party delivering notice to arbitrate to contact the next arbitrator in the rotation for a list of available dates. The parties shall then agree on a hearing which is mutually acceptable. If the arbitrator in the rotation is not available within days the next arbitrator in the list shall be contacted. This process will be repeated until an arbitrator is found. Notwithstanding the above, the parties may, by mutual written agreement, select an arbitrator out of turn or an arbitrator not on the list. Each of the parties hereto shall bear the expenses of its representative and one half the expenses of the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to It is mutually agree on an Arbitrator, agreed that every effort shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible made to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection settle grievances with the arbitrationleast possible delay. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. (a) It is mutually hereby agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents life of this Agreement, there shall be an xxxxxxx effort no strike, slowdown, or work stoppage on the part of the parties to settle such grievanceUnion, dispute or complaint promptly through nor shall there be a lockout on the following stepspart of the Co-operative. STEP 1(b) The Union agrees not to call a meeting of its members, who are employees of the Co-operative, during any hours which will interfere with the normal operations of the Co-operative. 2. Any employee having who feels he has been unfairly treated, the Union or the Co- operative may present a grievance. Any grievance which is not presented within fourteen (14) calendar days of the event shall first take up be forfeited and waived by the aggrieved party. 3. All grievances shall be submitted in writing and shall clearly set forth the issues and contentions of the aggrieved parties. 4. The procedure for adjustment of disputes and grievances will be as follows: (a) A discussion between the Shop Xxxxxxx (with the aggrieved employee present or absent, at his option) and the Department Manager. The aggrieved party shall be given a written decision on the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five fourteen (514) working calendar days of its occurrence or when after the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closeddiscussion. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5b) working days, or the matter is not satisfactorily settled in STEP 1Failing agreement under subsection (a), the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed dealt with by the grievant Grievance Committee of the Union and must the General Manager, or his duly appointed representative in the event of his absence for a period in excess of one week. The aggrieved party shall be presented given a written decision on the matter within five seven (57) working days calendar days. (c) If a satisfactory settlement cannot be reached, then upon request of either party, the matter shall be referred to the immediate supervisor from the Employer's disposal Board of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days Arbitration established by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueArticle 18. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20d) working days of the day of appeal, unless otherwise mutually Timelines can be extended by Agreement mutual agreement. 5. After completion of any step in writing to discuss the grievance andSection 4, if the parties at this step canaggrieved party does not settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within seven (7) calendar days, the prescribed time limits grievance shall lapse. 6. All negotiations, with respect to disputes and grievances, shall be considered dropped dealt with during regular working hours and not subject no employee shall suffer any loss of pay for time spent in such negotiation. So far as possible, all negotiations with respect to further appeal unless collective bargaining agreements, shall also be dealt with during regular working hours and the time limit is extended employees shall be entitled to representation at all such negotiations by mutual Agreement by written memorandumat least three of their members without loss of pay. 7. The parties may agree to the appointment of a mediator to assist in resolving the dispute.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising (a) Any employee with who feels they have a grievance under and during the terms of this Agreement shall discuss the matter with their with a to prompt settlement or explanation thereof. The employee’s Shop Xxxxxxx may accompany that employee in such discussion if the employee so desires. If the employee is not satisfied after the above the grievance shall be settled in accordance with the procedure herein provided. Every effort following procedure: Step The grievance shall be made set down writing and presented to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes Production Manager (or complaints arise over the interpretation or application designate) within ten (10) working days of the contents of this Agreement, there shall be an xxxxxxx effort on the part occurrence of the parties to settle such grievance, dispute or complaint promptly through issue being grieved. The Company shall answer the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within in writing five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, receipt thereof Step Should the employee or Xxxxxxx shall reduce the Bargaining and Grievance Committee still not be satisfied, the grievance shall be referred to writing a meeting of the Bargaining and present Grievance Committee and the Company. Such meeting shall be held as promptly as possible. Within eight (8) days of such meeting, the Company shall deliver its answer to the Chairperson of the Bargaining and Grievance Committee, with a copy to the immediate supervisorUnion Representative. Said grievance shall be signed by Should the grievant and must be presented above meeting not have taken within five fifteen (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (2015) working days of the day of appeal, unless otherwise mutually referral either party may proceed to arbitration. Time limits in this and Article be modified or extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. mutual agreement place then may n In the event the grievance is not settled at STEP 3that an employee with seniority s discharged, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer Bargaining and Grievance Committee and the fulltime Union shall mutually select the ArbitratorRepresentative be so notified within two (2) days where possible. The arbitration procedures under this contract, including the selection of A claim by an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, employee with seniority that such employee has been unjustly discharged shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted treated as a grievance for dispute must and may be based upon an interpretation taken to arbitration if a written statement of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection such grievance i s lodged with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step Company under Article Step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.five

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under 9.1 The Company and during the terms of this Agreement Union agree it shall be settled in accordance with the procedure herein providedobjective to settle grievances promptly and at the lowest step possible. Every effort shall be made to adjust controversies and disagreements in If an amicable manner agreement is reached between the Employer and parties, either formally or informally at any step below the Union. B. Should any grievancesecond step, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence it shall be considered automatically closednon-precedent setting and non-referable. STEP 29.2 Grievances involving discharge, demotion or disciplinary suspensions shall be filed within ten (10) calendar days. In the event All other issues should involve an informal resolution meeting between the supervisor in STEP 1 does not give and the employee. The meeting should take place as soon as possible from the time the employee made the request. The employee should be advised that union representation would be made available if desired. If a decision within five (5) working daysresolution is reached without the union present, or the matter supervisor shall notify the local union representative of the agreed to resolution. If a resolution is not satisfactorily settled reached in STEP 1the informal meeting, the employee or Xxxxxxx shall reduce the a grievance to writing and present a copy to the immediate supervisor. Said grievance may be filed. Step 1 Grievances shall be signed by the grievant and must be presented within five (5) working days in writing to the immediate supervisor from within thirty (30) calendar days following the Employer's disposal occurrence of the act or incident giving rise to the grievance, or within thirty (30) calendar days following the date upon which the facts of the grievance or failure to dispose first became known. Within ten (10) calendar days of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, unless otherwise mutually agreed upon, the supervisor, area manager and Human Resources Representative as the authorized Company representatives and the authorized Union representatives, not to exceed three (3), shall meet to resolve the grievance. This Step 1 meeting shall be conducted via telephone where mutually agreed upon by the Company and the Union. The written grievance shall set forth: a. The name(s) of the employee(s) aggrieved. b. The nature of the grievance. (A brief description of the circumstances out of which it arose.) c. The section(s) of this Agreement, if any, relied upon or claimed to have been violated. d. The remedy or correction desired. The Company shall give his its decision in writingwriting to the Union within seven (7) calendar days following the conclusion of the Step 1 meeting(s). It shall be the objective of both the Company and the Union to settle grievances at the first step to the greatest extent possible. Step 2 If the Union is not satisfied with the Company's decision at Step 1, the Union may appeal the grievance to Step 2 within fifteen (15) calendar days following the Union’s receipt of the Company's Step 1 written decision. The authorized Union representative and the Director, Labor Relations or authorized Company representative shall meet within thirty (30) calendar days of such appeal. This Step 2 meeting shall be conducted via telephone where mutually agreed upon by the Company and the Union. The grievant may only be present for grievances involving suspension or termination, unless otherwise agreed to between the parties. Both parties shall attempt to resolve the matter, and the Company shall give its written decision to the Union within fifteen (15) calendar days following the Step 2 meeting(s). 9.3 If the Union is not satisfied with the final decision of the Company at Step 2, the Union may automatically take it submit the matter to binding arbitration under the provisions of Article 10, Arbitration of Grievances, of this Agreement. 9.4 The Management and the Union agree to assist each other in the investigation of the circumstances surrounding and related to any grievance. The Management agrees that once a grievance has been referred to the Union, no representative of Management will discuss the matter with the grievant(s) without notification to an appropriate representative of the Union, and a reasonable opportunity for the Union representative to be present at the grievances. 9.5 Time limits specified in this Article shall be adhered to. Failure of either party to abide by the time limits shall result in a default of the grievance to the other party, which may be advanced to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance andarbitration procedure, if the Union so desires. The parties at this step cannot settle may extend said time limits by mutual agreement. 9.6 It is agreed that neither the Company nor its representatives, nor the Union, its locals, representatives or members, will attempt by means other than the grievance procedure to bring about the settlement of any issue which is properly a subject for disposition through the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingarbitration procedure. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. 9.7 The Employer Company and the Union agree that the provisions of Article 6, Paragraph 6.1, concerning meetings and representatives shall mutually select apply in all respects, except as modified specifically in this Article. 9.8 Pay Treatment for the ArbitratorHandling of Grievances at the first and second steps. Local Management will arrange at times consistent with service requirements to meet with employees who are authorized local Union representatives to discuss for a reasonable period of time the grievance of that local organization. The arbitration procedures under this contractabove time for the local Union representative, as well as the employee or employees having the grievance, if spent during their scheduled working hours shall be without loss of pay at straight time provided that not more than three (3) employees nor less than two (2) employees where practicable, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitratorlocal Union representatives, shall be conducted under eligible for the voluntary rules above pay treatment. Where mutually agreeable, more than three (3) employees may be authorized without loss of pay. With the exception of grievances related to termination, if the Company and regulations the Union cannot agree to conduct a Step 1 or Step 2 meeting via telephone, the Company will only pay for up to 2 hours per employee each way of travel time for First and Second Step Grievance Meetings. 9.9 The time spent in attendance at the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator meetings, listed in 9.7, 9.8, and above, shall be binding and final on both partieswithout loss of pay only if such meetings are held during such employee’s scheduled working hours or with prior approval if the appropriate Company representative is not available during the employee’s scheduled working hours. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed Such paid time limits shall be considered dropped and not subject as time worked in computing any overtime payments to further appeal unless which the time limit is extended by mutual Agreement by written memorandumemployees may become entitled.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement 6.01 A grievance shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievancea difference, dispute or complaint promptly through arising over the following stepsinterpretation, application or alleged violation of this Agreement. At Step 2 below, an employee grievance shall be submitted in writing, and signed by the employee and shall include the Article in this Agreement in dispute. In situations where the employee is unable to sign a grievance due to legitimate reason, the grievance may be signed by a Union official, and such will not detract from the arbitrability of the grievance. STEP 1Step 1 By a discussion between the aggrieved employee and his immediate supervisor, the parties shall attempt to resolve the grievance. Any The employee having a grievance may be accompanied by his xxxxxxx. The supervisor shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a his decision within five (5) full working days. Failing settlement, or then: Step 2 Within five (5) full working days following the matter is not satisfactorily settled decision in STEP Step 1, an official or officials of the employee or Xxxxxxx Union shall reduce meet with representatives of the grievance to writing and present a copy to Company, at which time written records of the immediate supervisor. Said grievance shall be signed by the grievant and must presented. The decision shall be presented given in writing within five (5) full working days to following this meeting. 6.02 Failing settlement under Step 2 of any difference between the immediate supervisor parties arising from the Employer's disposal alleged violation of the grievance or failure this Agreement, such difference may be taken to dispose of same at STEP 1. Said supervisor shallarbitration as hereinafter provided, and if no written request for arbitration is received within five ten (510) full working days after receipt of the written grievance, give his decision in writing. The Union Step 2 is given, the grievance shall be deemed to have been abandoned. 6.03 No complaint or grievance may automatically take it to the next step of be submitted or considered under the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have unless it has been appealed presented within five (5) working days from the date time of the answer was received incident giving rise to the grievance. All time limits for the filing or duemoving a grievance to the next step are mandatory time limits, however the parties, and as evidenced in writing, may mutually agree to extend such time frames. STEP 3. In the event the 6.04 Any complaint or grievance is not settled concerning or disposed affecting a group of at STEP employees shall be originated under Step 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In 6.05 Any complaint or grievance arising directly between the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer Company and the Union shall mutually select be originated under Step 2. 6.06 It is agreed that all letters of discipline or reprimand will be removed from the Arbitrator. The arbitration procedures under this contract, including employee’s file after two (2) years from the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations date of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear occurrence, provided the controversy between employee has no other discipline on his file, discipline or reprimands will be removed two (2) years from the parties. The decision date of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationlast offence. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It Section 1. Grievances A grievance under this Agreement is mutually agreed that all grievancesa written dispute, disputes claim or complaints complaint arising under and during the terms term of this Agreement shall be settled and filed by an employee in accordance with the procedure herein providedbargaining unit. Every effort shall be made Grievances are limited to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the matters of interpretation or application of the contents express provisions of this Agreement. The parties, there shall recognizing that an orderly grievance procedure is necessary, agree that each step must be an xxxxxxx effort on the part of the parties adhered to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, as set forth herein or the matter grievance is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisorforfeited. Said grievance shall be signed by the grievant and All grievances must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, filed within five (5) working days after receipt occurrence of the written grievance, give his decision in writing. The Union may automatically take it circumstances giving rise to the next step of the grievance procedure if no decision is given in or five (5) working days by from when the said grievant should reasonably have known of the occurrence, otherwise the right to file a grievance is forfeited and no grievance shall be deemed to exist. Any employee having a complaint shall first take up the matter with the employee's immediate supervisor. Unresolved grievances If no satisfactory answer or disposition is received within one (1) working day, the complaint shall proceed to STEP be processed as follows: (a) Step 1. The employee and/or his xxxxxxx shall within three (3, provided they have been appealed within five (5) working days from after the date discussion with the answer was received or dueimmediate supervisor, reduce the matter to written form stating all facts in detail and submit the same to the Undersheriff. The Undersheriff shall, within seven (7) working days, record his disposition on all copies of the grievance form, returning two (2) copies to the xxxxxxx. STEP 3(b) Step 2. In the event Failing to resolve the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovethe first step, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet xxxxxxx shall, within twenty two (202) working days of receipt of the day of appealUndersheriff's disposition, unless otherwise mutually extended by Agreement in writing to discuss take up the grievance andmatter with the Sheriff or his designated representative. The Sheriff, if the parties at this step cannot settle the grievance or otherwise dispose of ithis designated representative, the said judge, shall within five seven (57) working days of receipt of the meetinggrievance, shall give record his answer disposition on all copies of the grievance, and return two (2) copies to the grievance xxxxxxx. If the matter is not satisfactorily settled or adjusted in writing. STEP 4. In this step, the event xxxxxxx shall then forward the matter to the Union who may then process the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumstep.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It (a) Any dispute, grievance or misunderstanding (hereinafter called “grievance”) involving occupational classification, wages, seniority, hours of work or other working conditions which any employee or group of employees may desire to discuss and adjust with the Company shall be handled as follows: The employee shall take up his grievance directly with the shift section head or supervisor, except where the employee believes that proper expression or explanation is mutually difficult with the section head or supervisor, in which case the employee may report the matter to the xxxxxxx representing his group, who, together with the employee, may take the matter up with the section head or supervisor. With the permission of the employee’s supervisor another xxxxxxx may be consulted on a grievance by the employee in the absence of the regular xxxxxxx representing the group or shift. If the grievance is not adjusted by the section head or supervisor within forty-eight hours after the grievance has been submitted to him under the provisions of Step the employee may report the matter to the xxxxxxx representing the group, who, together with the employee, may take up the matter with the section head or supervisor and shall at the same time present a written summary of the grievance, signed by the employee. If the section head or supervisor does not settle the matter to the satisfaction of the employee within forty-eight hours after the grievance has been submitted under the provisions of Step 2 hereof, the employee and the xxxxxxx, or Chief Xxxxxxx may take up the matter directly with the appropriate manager. If a satisfactory settlement is not obtained within forty-eight hours after the matter has been discussed with the manager, the xxxxxxx may submit the grievance in writing to the Union Bargaining Committee with a copy to the Company. The Union Bargaining Committee may then discuss it with the Company at a time to be agreed that all grievances, disputes or complaints arising under upon. All decisions arrived at by agreement between the Company and during the terms Union Bargaining Committee with respect to any grievance shall be made in writing and shall be final and binding upon the Company and the Union. Nothing in this agreement shall be deemed to take away the right of the individual employee to present any personal grievance to the Company. The time limits specified in this Article IX shall be deemed to be exclusive of Saturdays and Sundays and those holidays described in Article V of this Agreement shall agreement. While an employee may discuss a grievance with his section head or xxxxxxx at any time, a request for retroactive adjustment need not be settled entertained by the Company unless the grievance is presented in writing within thirty days of the date of the incident which gave rise to the grievance or if more than two weeks have elapsed from the time the employee receives a decision in writing at any step in the grievance procedure to the time the grievance is carried to the next higher step. (a) Within a period of thirty days following the date of the communication of the Company’s decision to the Bargaining Committee any grievance or other matter in dispute between the Company and the Union, involving the interpretation, application, operation or alleged violation of any article of this agreement may, in the event of failure to reach agreement thereon, be referred by either party to arbitration by an arbitration board in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements contained in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents Schedule of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the partiesagreement. The decision of the Arbitrator majority of the arbitration board on the matter at issue shall be final and binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of parties but in no event shall the provisions of this Agreement or any supplemental agreements entered into between arbitration board have the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to to, subtract from, alter or subtract from or modify amend this agreement in any respect. Each party shall pay its own costs and the terms fees and conditions expenses of this Agreementwitnesses called by it and of its representative. The Arbitrator's fees and expenses of the expense of arbitration Chairman shall be shared equally by between the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationparties. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, All grievances and other disputes or complaints arising under and during arisingout of the interpretationand application of the terms of this Agreement agreement shall be settled dealt with in accordance with accordancewith the procedure herein provided. Every effort following procedure: Grievances first shall be made presented to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted Supervisor involved within five (5) working days of its occurrence inception or when occurrence, either by the aggrieved employee could reasonably have obtained knowledge of its occurrence or by the aggrieved employee and their xxxxxxx. The Supervisor shall give an answer to a grievance submitted to him in not more than five (5) days. If the grievanceis not satisfactorily adjusted by the Supervisor, it shall be considered automatically closed. STEP then put in in triplicate over the signature of the aggrieved employee and their xxxxxxx. The xxxxxxx shall then present the grievance to the Vice-president, Finance within three (3) days by giving him two (2) copies of the grievance. The Vice-president,Finance shall give a written decision to the xxxxxxx who presented the grievance to him within three (3) working days. If the grievance is not satisfactorily adjusted in Step it shall be presentedto the Grievance Committee within five working days. The Grievance Committee shall consist of three (3) Union members who are employees, and representatives of the Company. At the request of the Union, a representativeof the Union may be present at such meeting. The Company shall give an answer in writing to the Union within days following such meeting. It is understood that any general grievance involvingthe interpretation or application of any provision of this Agreement, wherein, no specific employeecovered by this is involved, shall be processed with Step of the grievance procedure. In the event that the supervisor in STEP 1 Union does not give elect to take a decision grievance to Step within five (5) working days, or days after the matter is not satisfactorily settled in STEP 1, decision has made at Step the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days deemed to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingagreed to. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties to settle such grievance, dispute or this Agreement that the complaint of an employee shall be resolved as promptly through the following steps. STEP 1as possible. Any It is understood that an employee having a has no grievance shall until he has first take up the matter discussed his complaint with his/her his immediate supervisor and Union representativeafforded him an opportunity to endeavour to adjust his complaint. A If an employee has a complaint he shall discuss it with his immediate supervisor within seven (7) working days after the circumstances giving rise to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance within seven (7) working days following advice of the immediate supervisor’s decision in the following manner and sequence: The employee shall submit a written grievance signed by him to the Immediate Supervisor. The nature of the grievance, the remedy sought and the Articles of the Agreement which are alleged to have been violated, shall be set out in the grievance on the prescribed form. Any grievance not submitted within the time limits provided herein shall be deemed to have been abandoned. The Immediate Supervisor and Representative or designate shall meet with the employee within five (5) working days of its occurrence or when following the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce day on which the grievance to writing and present a copy was presented to the immediate supervisor. Said grievance Immediate Supervisor, and shall be signed by the grievant and must be presented deliver his decision in writing within five (5) working days following the day of the meeting. Failing settlement, then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance to the immediate supervisor from Manager or designate. The Manager or designate and Representative meet with the-employee-within (5) working days following the Employer's disposal of day on which the grievance was presented to the Manager or failure to dispose of same at STEP 1. Said supervisor shall, designate and shall deliver his decision in writing within five (5) working days after receipt from the day of the written grievancemeeting. Failing settlement, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in then: Within five (5) working days by following the said supervisordecision under Step the employee shall submit the written grievance to the Executive Director or designate. Unresolved grievances The Executive Director will meet with the Griever and the Xxxxxxx from the appropriate area to review the grievance within five (5) days of receiving the grievance. The Director shall proceed to STEP 3have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union Staff Representative. Failing settlement, provided they have been appealed the decision of the Executive Director or designate shall be delivered in writing within five (5) working days from the date on which the answer grievance meeting was received convened. Failing settlement, under the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or due. STEP 3. In the event alleged violation of this Agreement, including any question as to whether the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovearbitrable, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet grievance may be submitted to arbitration as provided. If no written request for arbitration is received within twenty ten (20IO) working days from the date of the day of appealdecision under Step above is given, unless otherwise mutually extended by Agreement in writing to discuss the grievance andshall be deemed to havebeenabandoned. It is agreed that a grievance arising directly between the Employer and the Union shall be originated under Step above within ten (IO)working days after the circumstances giving rise to the grievance have occurred or originated, if and the parties at time limit set out with respect to that Step shall appropriately apply. However, it is understood that the provisions of this step canSection may not settle be used with respect to a complaint or grievance directly affecting an employee or employees and that the regular grievance procedure shall not be bypassed. All agreements reached under the grievance procedure between the representatives of the 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 procedure 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 otherwise dispose denial of itthe grievance as the case may be. Notwithstanding the foregoing, the said judgeparties 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. For the purposes of the grievance and arbitration provisions, the words days” shall not include Saturdays, Sundays or paid holidays. A grievance-initiated Employer against the Union shall be originated at Step above within five (5) working days of after the meeting, shall give his answer circumstances giving rise to the grievance have originated or occurred. A decision, in writing. STEP 4. In , shall be delivered by the event the grievance is not settled at STEP 3, the grieving party may appeal, Union Representative within twenty five (205) working days from the date on which the Grievance Meeting was convened. Failing settlement the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten working days from the date of the said judge's answer or failure to answer, to arbitration. The Employer and decision under Step the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, grievance shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible deemed to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationbeen abandoned. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A grievance shall mean a claim by an individual or the Union that there has been a misinterpretation, misapplication, or violation of any provision of this Agreement. In order for a grievance to be accepted and considered properly filed, the grievance must be reduced to writing and signed, specify the provision(s) of the Agreement that are alleged to have been violated, misinterpreted, or misapplied, and specifically state the relief sought. A. It is mutually agreed that all grievancesThe grievant and/or the Union shall be allowed to seek advice and counsel and have present a union representative at any hearing or step in the grievance procedure upon request. Whenever possible, disputes or complaints arising under and the grievance hearing will occur during the terms regularly assigned workday of this Agreement the grievant. The grievant shall be settled on paid time when the hearings are during their regularly assigned workday. The grievant will not be on paid time if the hearing is set up outside of their regular assigned workday. B. The grievant and/or the Union may at any step in accordance with the grievance procedure herein providedwithdraw a grievance without prejudice to either party. Every effort A withdrawal notice shall be in writing. C. No claim for back wages shall exceed the amount of wages the employee would otherwise have earned. Claims for back wages should not include any unemployment compensation, earned by an employee during the applicable back pay period. A. Within ten (10) working days of the event or occurrence, an attempt shall be made to adjust controversies and disagreements in resolve any grievance by an amicable manner informal verbal discussion between the Employer grievant and the Unionimmediate supervisor. B. Should any grievanceThe employee may discuss items he/she believes are grievances with the xxxxxxx, disputes or complaints arise over and the interpretation or application of xxxxxxx may discuss the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor. A. If the matter is not resolved verbally through Step 1; it shall be reduced to writing and submitted in triplicate as a grievance on forms provided by the Union to the immediate supervisor. B. The elapsed time for submitting a written grievance shall not exceed three (3) working days from its verbal initiation. C The immediate supervisor shall be responsible to see that a written response to the grievance is tendered to the grievant and Union representative. A grievance not submitted the xxxxxxx within five three (53) working days of its occurrence or when receipt of the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedwritten grievance. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within A. Within five (5) working days after receipt receiving the decision from the immediate supervisor, the decision may be appealed to the Superintendent of Schools or designee. The written appeal shall be accompanied by a copy of the written grievance, give his original grievance and a copy of the decision in writingof the immediate supervisor. B. The Superintendent or designee shall respond by investigating the alleged grievance and allowing all parties a reasonable opportunity to be heard. The Union may automatically take it Superintendent or designee shall tender to the next step of grievant and the grievance procedure if no Union a decision is given in five within ten (510) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueafter receipt of appeal. STEP 3. In the event Step 4 If the grievance is still unsettled, the Union may, within 60 days after the Superintendent/Designee’s written reply, request arbitration by written notice to the Employer under rules of the Federal Mediation and Conciliation Services as mutually determined by the parties. The Board and Union shall not settled be permitted to assert in such arbitration proceedings any grounds or disposed to reply on any evidence or raise any issue not previously raised in the grievance chain process or made known to all parties prior to the arbitration proceedings. The arbitrator shall have no power to amend, modify, nullify, ignore, or add to the provisions of at STEP 2this Agreement. The arbitrator's authority shall be limited to deciding only the issues presented to him/her in writing by the parties, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge decision must be based upon the express relevant language of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitrationAgreement. The arbitration proceedings shall be conducted by an arbitrator to be selected by the Employer and the Union shall mutually select the Arbitratorwithin 30 days after notice has been given. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event If the parties are not able fail to mutually agree on to an Arbitratorarbitrator, shall an arbitrator will be conducted under selected by the voluntary Federal Mediation and Conciliation Services. Regardless of how the arbitrator is selected the Federal Mediation and Conciliation Services rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the partieswill be used. The decision of the Arbitrator arbitrator shall be final and binding and final on both the parties. The Arbitrator's and the arbitrator shall be requested to issue his/her decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation within 30 days after the conclusion of the provisions of this Agreement or any supplemental agreements entered into between testimony and argument. Expenses for the Employer arbitrator's services and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration proceedings shall be shared borne equally by the Employer Board and the Union. However, each party shall bear their be responsible for compensating its own expenses in connection with the arbitration. C. Any grievance not appealed from representatives and witnesses. If either party desires a decision in one verbatim record of the steps above proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the next step within other party and to the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumarbitrator.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. A. It is mutually 5.01 The parties to this Agreement are agreed that all grievances, disputes it is of the utmost importance to adjust complaints and grievances as quickly as possible. 5.02 An employee who has a grievance shall discuss the matter with his xxxxxxx and may be accompanied by his Xxxxxxx or complaints Union Representative. 5.03 Grievances properly arising under and during the terms of this Agreement shall be adjusted and settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five as follows: Within twenty-one (521) working days of its occurrence or when after the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce circumstances giving rise to the grievance to writing and present occurred or originated (except in the case of a copy to the immediate supervisor. Said grievance discharge grievance, which shall be signed by the grievant and must be presented within five (5) working days days), the grievance shall be presented to the immediate supervisor from Employer in writing, and the Employer's disposal parties shall meet to endeavour to settle the grievance. If a satisfactory settlement is not forthwith reached by the parties, then the grievance may be submitted to a committee consisting of two (2) members of the grievance or failure to dispose Union and two (2) members of same at STEP 1. Said supervisor shall, the Association who shall meet within five (5) working days after receipt of the written grievancethereafter, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure but not later, and if no decision a satisfactory settlement is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed not reached within five (5) working days from the date the answer was received or due. STEP 3. In the event this meeting, and if the grievance is not settled one which concerns the interpretation or disposed alleged violation of at STEP 2the Agreement, and it has been properly appealed the grievance may be submitted to STEP 3 arbitration as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet Article 6 below at any time within twenty ten (2010) working days thereafter but not later. 5.04 Grievances dealing with alleged violation of the day hours of appealwork, unless otherwise mutually extended by Agreement in writing to discuss the grievance andrates of pay, if the parties at this step cannot settle the grievance or otherwise dispose overtime, travelling and room and board allowances, may be brought forward within three (3) months of itsuch alleged violation. Grievances dealing with payment of Pension contributions, the said judgeWelfare contributions, Vacation with Pay, remittance of regular monthly dues and working dues and Welfare, Pension and Training Fund Contributions, may be brought forward within forty-five (545) working days of after the meeting, shall give his answer circumstances giving rise to the grievance in writingbecame known, or ought reasonably to have become known. It is further understood that such grievance shall be retroactive to the first day of the alleged violation. STEP 4. In 5.05 The Employer agrees to pay interest at the event the grievance is not settled at STEP 3, the grieving party may appeal, within rate of twenty percent (20%) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationall successful monetary grievances. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It 10.01 The grievance procedure herein provided is mutually agreed that all grievances, disputes or complaints arising under and during among the terms most important matters in the successful administration of this Agreement shall be settled in accordance with the procedure herein providedagreement. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer The Company and the Union. B. Should any grievance, disputes or complaints arise over therefore, agree that the designated grievance procedure as herein after set forth shall serve and constitute the sole and ex- clusive means to be utilized by the griever for the prompt disposition, decision and final settlement of a grievance arising in respect of the interpretation or application alleged xxxxx- tion of this agreement, and the specifically designated grievance procedure shall be strictly followed. If any time limits provided by this agreement are not strictly xxxx- xx with by the Union, the grievance will be deemed to be abandoned unless there has been an extension of the contents time limits previously arranged in writing. If any of the time limits provided by this agreement are not strictly abided with by the Company, the Union can move the grievance to the next step. The time limits specified may be extended by mutual agreement. Wherever the term grievance pro- cedure is used in this agreement, it shall be considered as including the arbitration procedure as set out in Article 11 hereof. 10.02 Any difference concerning the interpretation, applica- tion, administration or alleged violation of the provisions of this Agreement, there agreement shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through dealt with in the following steps. STEP 1. Any man- ner: No employee having shall have a grievance shall first take up the matter until he/she has dis- cussed his/her complaint with his/her immediate supervisor and Union representative. A grievance not submitted super- visor within five two (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss incident occur- ring. If the grievance and, if the parties at this step canemployee’s immediate supervisor does not settle the matter to the employee’s satisfaction, an em- ployee’s written grievance or otherwise dispose of it, may be processed as follows: (a) Step 1 – The Union’s grievance representative may submit the said judge, grievance to the supervisor within five (5) working days of the meetingincident occur- ring, shall give his answer to who will render his/her decision with- in two (2) working days after receipt of the grievance in writing.grievance: STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal(b) Step 2 – Failing settlement of Step 1, within twenty three (203) working days of the said judge's answer supervisor’s response or failure in the absence of such a response, with- in five (5) working days after the grievance is submitted to answer, to arbitration. The Employer and him/her two members of the Union Grievance Committee may submit the grievance to the Production Manager who shall mutually select render his/her decision within five (5) working days within receipt of the Arbitrator. The arbitration procedures under this contract, including grievance: (c) Step 3 – Failing satisfactory settlement within three (3) working days of the selection of an Arbitrator, Production Manager’s response or in the event absence of such response five (5) working days after the parties are not able grievance was submitted to mutually agree on an Arbitratorhim/her the Union may submit the grievance to the Vice-President, shall be conducted under Manufacturing. At this stage the voluntary rules and regulations national representative and/or the Local 333 Business Agent of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall Union may be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationattendance. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. A. a) It is mutually agreed the mutual desire of the Employer and the Union that all grievances, disputes or complaints arising under and during the terms of grievances shall be adjusted as quickly as possible. All meetings at which grievances are processed shall be held Employeeswho are covered by this Agreement shall be settled required to follow the procedures laid down in accordance with the procedure herein provided. Every effort Article A grievance under this Agreement shall be made to adjust controversies and disagreements in an amicable manner de- fined as any difference or dispute between the Employer and any employee or the Union. B. Should any grievanceUnion relat- ing to the interpretation, disputes application, or complaints arise over the interpretation or application of the contents adminis- tration of this Agreement, there including any ques- tion as to whether a matter is arbitrable and an allegationthat this Agreement has been violated. In the event of a grievance, an employee shall take the matter up with the foreperson within and not after seven (7) working days after the employee became aware of the incident or circumstances giving rise to the grievance. A policy grievance or group grievance shall be an xxxxxxx effort on taken up within and not after seven (7) work- ing days the part date of the parties incident giving rise to settle such the grievance. The following procedure shall be adheredto in process- ing grievances, dispute or complaint promptly through the following steps. STEP 1. Any save as otherwise provided in this Agreement: The employee having a grievance shall first take up the matter up verbally with his/her immediate the forepersonor supervisor as set out inArticle The employee shall be accompanied by the stew- ard. If a settlement, satisfactory to the employee is not reached within three (3) working days of the date the matter was taken up with the foreperson or su- pervisor, the xxxxxxx may, within and Union representative. A grievance not submitted within after five (5) working days of its occurrence or when that date, take the employee could reasonably have obtained knowledge grievance up in a meeting with the Controller of its occurrence Plant and/or del- egate. A grievance submitted at Step shall be considered automatically closed. STEP 2. In in writing, shall contain a concise statementof the event facts complained of and the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing redress sought and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to or inthe case of a policy or group grievance by the immediate supervisor from the Employer's disposal chair of the grievance or failure to dispose Grievance Committee) and the Xxxxxxx. The Controller of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of Plant and/or delegate shall give the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to date upon which the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection was discussed with the arbitrationxxxxxxx. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances1. For purpose of this contract, disputes a grievance means alleged violation, misinterpretation, or complaints arising under and during the terms misapplication of any provision of this Agreement with respect to one or more employees in the bargaining unit. Grievances are limited to matters of interpretation or application of the specific provisions of this agreement and must identify the specific article and section of the agreement allegedly been violated. Grievances must specifically set forth the factual details of the grievance, the identity of the aggrieved member or members of the bargaining unit, the specific date of the alleged violation, all witnesses known to the grievant, and the relief requested. A grievance must be filed, in writing and signed by the aggrieved employee and the Union, as specified herein within 10 working days from the date of the event which first gives rise to the alleged grievance. 2. The grievance procedure is not intended to and shall not limit the normal process of discussion between employees and/or the Union and the Employer in which minor issues are easily resolved. If settlement occurs between the parties, such discussions shall not be considered “grievances” and, as such, may not need to be documented. If settlement does not occur between the parties, such discussions, if deemed necessary by the Union, shall be settled considered a “grievance” and shall begin at Step 1 unless otherwise noted. 3. The basic procedures to follow in accordance a grievance shall be as follows: A. In the event that differences arise with the procedure herein provided. Every respect to any provision of this agreement, an xxxxxxx effort shall be made to adjust controversies settle such differences promptly and disagreements in an amicable manner between the Employer following order and manner; B. A grievance must start at Step 1, unless otherwise noted, and proceed through the procedure at each Step thereafter until a settlement is reached, or the grievance will be considered settled on the last answer given. C. If the grievance is settled in any one of the Steps, it will be considered closed; D. If the grievance is not answered within the time limits listed, the grievant and the UnionUnion may proceed to the next Step. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. A. STEP 1: 1. Any The employee or employees having a the grievance and the Union shall first take up present the matter with grievance to his/her immediate supervisor and Union representative. A grievance not submitted within five ten (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (510) working days from the date of the answer was received or dueevent first giving rise to the grievance. STEP 32. In The supervisor will reply in writing to the event grievant(s) and the Union within ten (10) working days after the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingpresented. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having this Agreement that a grievance of an employee shall first take up the matter with his/her immediate supervisor and Union representativebe resolved as promptly as possible. A No grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedwhich usurps the function of management. For the purposes of this Article, the "working days" shall not include Saturdays, Sundays or Paid Holidays. Any grievance not processed within the said time limits will be deemed to have been abandoned. The time limits contained herein are deemed to be mandatory. Time limits may only be extended by mutual agreement and such extension must be in writing. The grievance form must specify the nature of the grievance, the remedy sought and the specific provisions of the Collective Agreement alleged to have been violated. STEP 2Step I It is understood that an employee has no grievance until has first discussed the issue with immediate Supervisor and given the Supervisor an opportunity to resolve the issue. In If no settlement can be reached, then a grievance arising under the event Agreement relatingto the supervisor in STEP 1 does not give a decision within five (5) working daysinterpretation, application or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal alleged violation of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, Agreement must then be submitted in writing within five (5) working days after receipt of the written grievancecircumstances, give his decision in writinggiving rise to the grievance occurred or originated. The Union may automatically take grievance must be processed and dealt with in accordance with the terms and provisions set forth in this Article. The employee may, if wishes, be accompanied by Xxxxxxx at any stage of this grievance procedure. It is understood that it is the employee's responsibility to arrange for the next step of the grievance procedure if no decision is given in Xxxxxxx to be present. Within five (5) working days by following the said supervisordecision under Step the employee must submit the written grievance to the Director. Unresolved grievances shall proceed to STEP 3, provided they have been appealed The Director will meet with the and review the grievance. A decision in writing will be rendered within five (5) working days from the date on which the answer grievance meeting was received convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to the Executive Director or due. STEP 3designate. The Executive Director or designate will meet with the and review the grievance. A representativeof the Union may attend this meeting if requested to do so by either party. A decision in writing will be rendered within five (5) working days from the date on which the grievance meeting was convened. In the event the grievance decision of the Executive Director is not settled or disposed of at STEP 2, and it has been properly appealed satisfactory to STEP 3 as provided in STEP 2 abovethe Union, the presiding judge Union may refer the matter to Arbitration in accordance with the provision of the Court involved and a representative of the Local Union and MAPE shall meet this Agreement. If no written request for Arbitration is received within twenty (20ten 0) working days from the date of the day of appealdecision under this Step, unless otherwise mutually extended by Agreement in writing to discuss the grievance andshall be deemed to be settled. If it is necessaryfor a Union Xxxxxxx to assist an employee with the presentationof a grievance, if shall not leave work without first obtaining the parties at this step cannot settle permission of Supervisor. is agreed that a grievance arising directly between the Employer and the Union (a policy grievance) or a grievance or otherwise dispose claiming the unjust discharge of itan employee who has completed probationary period, the said judgemust be originated under Step above, within five (5) working days of after the meeting, shall give his answer circumstances giving rise to the grievance in writing. STEP 4occurred or originated and the time limit set out with respect to Step shall apply. In However, it is understood that a policy grievance may not be used with respect to a complaint or a grievance directly affecting an employee and that the event regular grievance procedure shall not be by-passed. Probationary employees may not access the grievance is not settled at STEP 3, procedure if discharged during the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitrationprobation period. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted All agreements reached under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy grievance procedure between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between representativesof the Employer and the representatives of the Union. The Arbitrator , shall have no authority to require be final and binding upon the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify Employer, the terms and conditions of this Agreement. The Arbitrator's fees Union, and the expense Employees. Notwithstanding the foregoing, the parties may agree to waive or extend any of arbitration shall be shared equally by the Employer and the Uniontime limits established in this grievance procedure. However, each party any such agreement shall bear their own expenses be in connection writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so requests to the presence of the Union Xxxxxxx when such discipline is assessed. It is the responsibility of the employee to arrange for the Xxxxxxx to be present if so desires. Either party, with the arbitration. C. Any grievance not appealed from a decision in one agreement of the steps above other party, may submit a grievance to Grievance Mediationat any time after the next Employer's decision has been rendered at the step within prior to Arbitration. Where the prescribed time limits matter is so referred, the mediation process shall be considered dropped and not subject take place before the matter is referred to further appeal unless the time limit is extended by mutual Agreement by written memorandumArbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It 7.01 A grievance is mutually agreed any difference that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner arises between the Employer and parties related to the Union. B. Should any grievanceinterpretation, disputes application or complaints arise over the interpretation or application of the contents administration of this Agreement, there or where an allegation is made that this Agreement has been violated. In processing grievances, the following procedures will be adhered to: a) Grievance forms shall be supplied by the Union. The grievance must contain reference to the article and specific section of the agreement, which is alleged to have been violated, provide a brief explanation of the nature of the grievance and the redress sought. b) An employee may have the assistance of her shop xxxxxxx from the employee group as set out in article 5.01. If her classification shop xxxxxxx is not available an alternate shop xxxxxxx effort on may be selected by the part employee, at any stage of the grievance procedure if she so desires. c) An employee who is required to attend meetings at Step 1 and Step 2 of the grievance procedure shall be given time off with no loss of regular pay to attend such meetings. d) The time limits set out in Articles 7, 8 and 9 are mandatory. Failure to comply with such time limits, by the party initiating the grievance, unless the parties mutually agree in writing otherwise, shall result in the grievance being abandoned. Days as referred to in Articles 7, 8 and 9 are exclusive of Saturdays, Sundays and designated paid holidays. e) It is the mutual desire of the parties to settle such grievancehereto that complaints of employees be adjusted as quickly as possible, dispute or complaint promptly through the following steps. STEP 1. Any and it is understood that an employee having a has no grievance shall until she has first take up the matter with his/given her immediate supervisor and Union representativethe opportunity of adjusting her complaint. A grievance not submitted Such complaint shall be discussed with her immediate supervisor within eighteen (18) days after the circumstances giving rise to it have occurred. In cases where the employee has been absent from the work place at the time the circumstances have occurred, the 18 day period shall commence on the date of her return. Failing settlement within five (5) working days of its occurrence or when days, it may then be taken up as a grievance by the employee could reasonably have obtained knowledge as outlined in Step 1 within ten (10) days following the expiry of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueday period. STEP 3. In the event f) Step 1 g) Step 2 7.02 If the grievance is not settled or disposed of at STEP in Step 2, and it has been properly appealed the grievance may be referred to STEP 3 Arbitration as provided in STEP 2 above, the presiding judge Article 8 within fourteen (14) days of receipt of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both partiesManager, Human Resources or the expiry of the ten (10) day time limit in Step 2. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation Union shall notify the Manager, Human Resources in writing of its desire to proceed to Arbitration, and at the same time advise the Manager of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one name of the steps above to Union grievance Xxxxxxx who will be attending the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumArbitration hearing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement 11.1 A grievance shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes defined as a violation of a specific written term or complaints arise over the interpretation or application of the contents provision of this Agreement, there . 11.2 The time limits specified in this Article shall be an xxxxxxx effort on firm and the part of the parties to settle such grievance, dispute or complaint promptly through the following stepsonly allowable exception shall be by written approval by both parties. STEP 1. Any 11.3 An employee having who feels he/she has a grievance shall first take up follow the matter grievance procedure specified below. For this grievance procedure “days” mean calendar days excluding days when school is not in session. Step 1 The employee, within 10 days of the alleged occurrence, shall discuss the grievance with his/her immediate supervisor. The employee may have a Union Representative present. Step 2 If the employee is not satisfied with the supervisor’s response, or the supervisor and Union representative. A fails to respond, the employee or xxxxxxx may file a written grievance not submitted with his/her supervisor within five (5) working days of its occurrence the date of receipt of the supervisor’s answer or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working daysdays of the date the supervisor’s response was due. Step 3 If the Union is not satisfied with the supervisor’s answer, or the matter is not satisfactorily settled in STEP 1no answer has been given, the employee or Xxxxxxx shall reduce Union may appeal the grievance to writing and present a copy to the immediate supervisorSuperintendent. Said grievance shall be signed by the grievant and Such appeal must be presented take place within five (5) working days of the date the employee received, or should have received, the supervisor’s answer. Within five (5) days of receipt of the appeal, the Superintendent, or his designated representative, shall schedule a meeting to hear the grievance. The Superintendent, or his designated representative, shall respond to the immediate supervisor from grievance within five (5) days following the Employer's disposal of meeting. Step 4 If the grievance Union is not satisfied with the Superintendent’s answer, or failure to dispose of same at STEP 1. Said supervisor shallif no answer is given, the Union may, within five (5) working days after of receipt of the written grievanceSuperintendent’s answer, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed or within five (5) working days from of the date the answer was received or due, notify the Employer of its intent to submit the grievance to mediation. A mediation meeting date shall be set by MERC to the satisfaction of both parties. STEP 3Step 5 If the grievance is not settled by any of the above steps, the Union may, within ten (10) days after the receipt of the written answer from the Superintendent, give notice of its intent to submit the grievance to arbitration. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select cannot agree on the Arbitrator. The arbitration procedures under this contract, including the selection choice of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step arbitrator within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.ten

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed the mutual desire of the parties hereto that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance with the procedure herein provided. Every effort adjusted as quickly as possible, and it is generally understood that an employee has no grievance until he has first given to his supervisor, an opportunity to adjust his complaint, and that such complaint shall be made registered within fifteen working days of the alleged circumstances coming to adjust controversies the knowledge of the employee. The employee may request the presence of his xxxxxxx when registering his complaint. If such complaint is not settled to the satisfaction of the employee concerned, it may be taken up as a grievance within five working days, in the following manner and disagreements in an amicable manner sequence: Step No. between the Employer aggrieved employee, who may be accompanied by the union xxxxxxx and the xxxxxxx, at which time a written record of the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then; Step No. 2 within five full working days, following the decision of Step No. between the aggrieved employee, the union xxxxxxx and the manager or other representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. 2 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 such difference or question may be taken to arbitration, as provided in Article IX. If no written request for arbitration is received within twenty days after the decision in Step No. 2 is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Procedure, or under Article IX. Any and all time limits fixed by this Article and Article IX, may at any time be extended by agreement between the Company and the Union. B. Should any grievance, disputes or complaints arise over . All decisions arrived at between the interpretation or application representatives of the contents of this Agreement, there Company and the Union shall be an xxxxxxx effort on final and binding upon the part of Company, the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor Union and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge or employees concerned. When a complaint or grievance which affects the rate of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give pay of an employee is settled and as a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1result, the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or Xxxxxxx shall reduce the grievance to such other date as may be agreed upon. given in writing and present with a copy to the immediate supervisorUnion on the same date. Said grievance If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be signed reinstated in his former job and compensated for such time lost as is determined by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure arbitration procedure, or such other settlement as is deemed to dispose be just and equitable. It is understood that in the case of same any general allegation by the Union that the Company has violated this Agreement, in such a manner that an individual employee could not rightly process the grievance under this Article VIII, the Union may present such allegation to the Company at STEP 1. Said supervisor shall, within five (5) working days after receipt the Step level of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueGrievance procedure. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed The parties agree that all grievancesdiscussions should occur between employees, disputes Union representatives and Employer representatives when problems or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements differences arise in an amicable manner attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussions between employees, Union representatives and Employer representatives. Where discussions on or differences occur, the time limits in Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Employer and the Union. B. Should , or between an and the Employer, it shall be processed according to the following grievance procedure. Nothing in this provision deprives of any grievancerights or remedies to which they are entitled in any legislation. Grievances involving the interpretation, disputes application, operation or complaints arise over the interpretation or application any alleged violation of the contents Agreement must have the approval and support of this Agreementthe Alliance. The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, there Saturdays, Sundays and holidays shall be an xxxxxxx effort on excluded. If the part of the parties to settle such grievance, dispute time limits set out in Steps or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shallprocedure are not complied with, within five (5) working days after receipt of then the written grievancegrievance will be considered as being abandoned, give his decision unless the parties have mutually agreed, in writing, to extend the time limits. The Union If the Employer fails to meet a time limit, the Union, at it’s option, may automatically take it either advance the grievance to the next step or await the Employer’s response, in which case no time limit shall run against the Union until it has received the Employer’s response. shall have the right to be represented at any step of the grievance procedure if no decision procedure. The and the Union representatives shall be given leave with pay to attend such meetings. When an employee has asked or is given in five (5) working days obliged to be represented by the said supervisor. Unresolved grievances shall proceed Alliance in relation to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the presentation of a grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing Alliance wishes to discuss the grievance andwith that employee, if the parties at employee and the representative will be given reasonable leave with pay for this step cannot settle purpose. The Union shall be given full opportunity to present evidence and make representations throughout the grievance or otherwise dispose procedure. The shall be advised of it, the said judge, within five (5) working days their to have a union representative present at any The shall designate a representative at each level of the meetinggrievance procedure and shall inform the union in on an annual basis, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days or as required of the said judge's answer or failure to answer, to arbitration. The Employer name and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations title of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, person designated at each party shall bear their own expenses in connection with the arbitrationlevel. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesSection 1. Any questions which arise out of the terms, disputes or complaints arising under application and during the terms interpretation of this Agreement may be submitted to the Grievance Procedure as provided for herein: Section 2. The following Grievance Procedure will be followed: Step One: The aggrieved employee shall first attempt to settle his grievance with the respective supervisors involved and the next person in the management chain above the supervisor(s). The grievance shall be settled in accordance discussed openly, with or without a Union representative, providing the procedure herein providedaggrieved employee with a decision. Every effort This presentation shall be oral and made to adjust controversies and disagreements as soon as possible, but in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application no event later than ten (10) working days of the contents of this Agreement, there shall be an xxxxxxx effort on the part occurrence of the parties to settle such grievance, dispute or complaint promptly through event complained of. If the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance is not submitted resolved within five (5) working calendar days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1from presentation, the employee or Xxxxxxx shall reduce may proceed to step two. Step Two: The grievance, if not settled in Step One, must be reduced to a written form by the employee and/or the Union representative. The grievance to writing and present a copy to the immediate supervisor. Said grievance shall must be signed by the grievant employee and contain a brief statement of facts upon which the grievance is based and a request for the specific relief desired. This written document must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shallGeneral Manager and/or his designee, within five ten (510) working days after the completion of Step One. The Station shall provide the employee with a response within ten (10) working days of receipt of the written document. Section 3. Stewards shall not be required to punch out of regularly scheduled work while investigating, settling, and/or participating in the settlement of a pending grievance, give his decision provided, however, that such participation does not exceed three (3) hours in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueany one work week for all stewards. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP Section 4. In the event interest of the harmonious and orderly disposition of such matters, it is agreed that the procedure herein prescribed shall be strictly followed. Any grievance which is not settled at STEP 3submitted in accordance herewith, except with the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer Station and the Union shall having mutually select agreed in writing to extend the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitratortime limits herein, shall be conducted under considered waived and need not be considered by the voluntary rules and regulations Station. Consideration by the Station of a case or cases where the procedure herein set forth has not been complied with, shall not be construed as a waiver of this provision of the American Arbitration Association. The Arbitrator Article and shall proceed never be considered as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as past practice authorizing a grievance for dispute must be based upon an interpretation of deviation from the provisions of this Agreement or any supplemental agreements entered into between the Employer and the UnionArticle. Section 5. The Arbitrator Employees shall have no authority the right to require present to the Employer Station, with or without the Union being present, any grievance which may arise. However, if such grievance is adjusted by the Station, the Union must first be given the opportunity to purchase buildings be present at the time of adjustment; such settlements or new equipmentadjustments shall not establish precedent nor be admissible in any arbitration proceedings. The Arbitrator Any adjustment by the Station of grievances presented in this manner shall have no power not be contrary to add to any terms or subtract from or modify the terms and conditions provisions of this Agreement. The Arbitrator's fees and An aggrieved employee may withdraw his grievance at any time by giving written notice of his desire to withdraw the expense of arbitration shall same. Section 6. If a grievance remains unsettled after resort to the grievance procedure set forth hereinabove, such grievance may be shared equally by the Employer and the Union. Howevertaken to Arbitration, each party shall bear their own expenses in connection accordance with the arbitrationprovisions of Article VII. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during Section 1 - A grievance shall be defined as a violation of the specific terms of this Agreement Agreement. Section 2 - Any grievance or complaint shall be presented to the supervisor for settlement. Any employee or group of employees who have any grievance may be accompanied by their xxxxxxx, if so desired, and must submit it to the supervisor within five (5) regularly scheduled working days after the occurrence of the event upon which the grievance is based. The supervisor shall investigate and report his/her disposition of the complaint within three (3) regularly scheduled working days after it has been made to him/her. In the event the complaint is not satisfactorily settled in accordance with this manner, the following procedure shall apply: Section 3 - FIRST STEP. To be processed hereunder, a grievance must be reduced to writing, state the facts upon which it is based, when they occurred, specify the section of the contract which has allegedly been violated, must be signed by the employee who is filing the grievance and must be presented to his/her supervisor within seven (7) regularly scheduled working days after the occurrence of the event upon which it is based. The supervisor shall give a written answer to the aggrieved employee within (3) regularly scheduled working days after receipt of the written grievance. If the answer is mutually satisfactory, the employee or his/her xxxxxxx shall so indicate it in writing, giving one (1) copy of the settled grievance to the supervisor. Section 4 - SECOND STEP. If the grievance is not settled in the First Step and the employee desires to appeal it to the Second Step, such employee and/or the Union xxxxxxx must present the grievance to the a person designated by the Superintendent within three (3) regularly scheduled working days after the supervisor gave the employee the written First Step answer. The person designated by the Superintendent shall give the employee and/or the union xxxxxxx a written and signed second step answer within three (3) regularly scheduled working days after he/she receives the grievance at this step. If the answer is satisfactory, the xxxxxxx or employee shall so indicate it in writing, giving one (1) copy of the settled grievance to the person designated by the Superintendent. Section 5 - THIRD STEP. If the grievance has not been settled at the Second Step and if it is to be appealed to the Third Step, a written notice of such appeal must be served upon the Superintendent within two (2) regularly scheduled working days after receipt by the xxxxxxx and/or the employee of the Second Step answer. The Union's representative and the Superintendent and/or representative by them designated shall meet to consider the grievance within ten (10) regularly scheduled working days after the Superintendent receives notice of appeal to this step. The Superintendent or his/her designated representative shall give the Union's representative a written answer to the grievance in triplicate within five (5) regularly scheduled working days after the date of such meeting. Section 6 - FOURTH STEP. If, at this point, a grievance has not been satisfactorily settled, the Union shall have the right to submit such grievance to the Board of Education, provided such submission is made within fifteen (15) calendar days after receipt by the Union of the Employer's Third Step answer. If the grievance has not been submitted to the Board of Education within said fifteen (15) calendar day period, it shall be considered as being withdrawn by the Union. The Board of Education shall have no authority to add to, subtract from, change or modify any provisions of this Agreement but shall be limited solely to the interpretation and application of the specific provisions contained herein. However, nothing contained herein providedshall be construed to limit the authority of the Board of Education in their judgment to sustain, reverse or modify any alleged unjust discharge that may reach this state of the grievance procedure. Every effort All presentations of grievances under this step shall be made to adjust controversies and disagreements the Board of Education in an amicable manner open session, except for cases involving discipline during which the affected employee may request an executive session, at which the employee may have his/her representative present, along with the appropriate administrators or supervisors. (a) The decision of the Board of Education shall be final and binding upon the parties hereto but, if necessary and requested by the parties hereto, the Board of Education will take appropriate action on the grievance at an official meeting of the Board. Section 7 - Grievances which are not appealed within the time limits specified in the grievance procedure shall be considered to be withdrawn by the Union. If the Employer fails or neglects to answer a grievance within the time limits specified at the various steps of the grievance procedure, the grievance shall automatically be referred to the next higher step in the grievance procedure. (a) It is understood and agreed that the time limits specified in this grievance procedure may be extended by written agreement between the Employer and the Union. B. Should any grievanceSection 8 - Whenever the words are used in this Article, disputes or complaints arise over the interpretation or application of the contents of "regularly scheduled working days" shall be defined as those days which are scheduled for work between Monday and Friday, both inclusive, excluding holidays recognized under this Agreement, there . Section 9 - The Union shall promptly notify the Superintendent in writing as to the membership of its grievance committee and any changes therein. The Union's grievance committee shall be an xxxxxxx effort on the part comprised of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter not more than two (2) individuals who have not less than six (6) month's seniority with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually The parties to Agreement are agreed that all grievances, disputes it is of the utmost importance to adjust complaints and grievances as quickly as possible. An employee who has a grievance shall discuss the matter with his xxxxxxx and may be accompanied by his Xxxxxxx or complaints Union Representative. Grievances properly arising under and during the terms of this Agreement shall be adjusted and settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five as follows: Within twenty-one (521) working days of its occurrence or when after the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce circumstances giving rise to the grievance to writing and present occurred or originated (except in the case of a copy to the immediate supervisor. Said grievance discharge grievance, which shall be signed by the grievant and must be presented within five (5) working days days}, the grievance shall be presented to the immediate supervisor from Employer in writing, and the Employer's disposal parties shall meet to endeavour to settle the grievance. If a satisfactory settlement is not forthwith reached by the parties, then the grievance may be submitted to a committee consisting of two (2) members of the grievance or failure to dispose Union and two (2) members of same at STEP 1. Said supervisor shall, the Association who shall meet within five (5) working days after receipt of the written grievancethereafter, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure but not later, and if no decision a satisfactory settlement is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed not reached within five (5) working days from the date the answer was received or due. STEP 3. In the event this meeting, and if the grievance is not settled one which concerns the interpretation or disposed alleged violation of at STEP 2the Agreement, and it has been properly appealed the grievance may be submitted to STEP 3 arbitration as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet Article below at any time within twenty (20ten {IO) working days thereafter but not later. Grievances dealing with alleged violation of the day hours of appealwork, unless otherwise mutually extended by Agreement in writing to discuss the grievance andrates of pay, if the parties at this step cannot settle the grievance or otherwise dispose overtime, travelling and room and board allowances, may be brought forward within (3) months of itsuch alleged violation. Grievances dealing with payment of Pension contributions, the said judgeWelfare contributions, Vacation with Pay, remittance of regular monthly dues and working dues and Welfare, Pension and Training Fund Contributions, may be brought forward within forty-five (545) working days of after the meeting, shall give his answer circumstances giving rise to the grievance in writing. STEP 4. In became known, or ought reasonably to have become known, It is further understood that such grievance shall be retroactive to the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days first day of the said judge's answer or failure to answer, to arbitrationalleged violation. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection agrees to pay an interest rate of an Arbitrator, in the event the parties are not able to mutually agree twenty percent (20%) on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationall successful monetary grievances. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesA grievance shall consist of a dispute concerning the interpretation and appli- cation of any clause in this Agreement, disputes or complaints arising under alleged violations of the Agreement and during alleged abuses of discretion by super- vision in the treatment of employees contrary to the terms of this Agreement shall the Agreement. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be settled in accordance with taken up through the procedure herein providedGrievance Procedure and determined, if necessary, by arbitration. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there There shall be an xxxxxxx effort on the part of the both parties to settle such grievance, dispute or complaint grievances promptly through the following steps. STEP 1: By a conference between the aggrieved employee and the Branch Manager or his designate. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1Failing settlement, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented submitted in writing within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working seven calendar days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved alleged violation of the Agreement or from the date that the alleged violation became known to the griever, but in no case more than thirty days. seven days and thirty days limitations provided above shall not deprive an employee or the Union of the right to register a retro- active claim for Health and Welfare, Pension, premiums or the monies accruing from the Cost of Living Allow- ance, where such premiums, contributions or allowances have not been paid in line with the provisions of this Agreement. Nor shall the Limitations apply to off employees claiming that they have not been recalled in line with the provisions of Article The griever may be accom- panied by a Union Xxxxxxx and, if deemed necessary by the Union, he may also be accompanied by a Business Representative of the Union. 0STEP 2 -9- Within three full working days follow- ing the decision in Step 1 the griever and a representative of the Local Union and MAPE shall meet within twenty (20) with the senior terminal representative of the Company or his designate. A decision shall be given in writing three full working days of the day of appealfollowing this meeting. Fail- ing settlement, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.then:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed the mutual desire of the parties hereto that all grievancescom- plaints or grievances of employees shall be adjusted as quickly as possible. A grievance concerning the interpre- tation, disputes application or complaints arising under and during the terms alleged violation of this Agreement shall may be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, processed within five (5) working days after the circumstances giving rise to the grievance originate or occur in the following manner and sequence. The employee concerned and the Xxxxxxx if he is avail- able must discuss the complaint or grievance with the im- mediate Supervisor; failing settlement: Within the above time limits, the written grievance shall be submitted by the employee to the Distribution Centre Manager or his appointee. The grievance shall be signed by the employee and shall set out the of the grievance, the contract sections violated, and the remedy sought. The Distribution Centre Manager, or his shall hold a meeting of Company representativeswith the the Grievance Committee, and the Business Agent at a mutually upon time five (5) days receipt by him of the written grievance. The Distribution Centre Manager, give or his appointee, shall deliver his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by such meeting; failing settlement: (If the said supervisorreply at Step No. Unresolved grievances is the grievance shall proceed be turned Over to STEP 3the Union Grievance Committee or the Business Agent who shall determineif the grievance should be carried to Step No. 2). Within five (5) days after the decision is given under Step No. the grievance may be submitted in writing to the Manager, provided they have been appealed Industrial Relations. If requested, a meeting may be held within a further period of (5) days between the Manager, Industrial Relations of his appointee, the Grievance Committee, and the Business Agent. The Manager, Industrial Relations, or his appointee’s decision shall be delivered in within five (5) working days following the date meeting. Failing settlement under the foregoing procedure of any grievance between the parties arising from the date in- terpretation, application or alleged violation of this Agree- ment, including any question as to whether a grievance is arbitrable, such grievance may be submitted to arbitra- tion as hereinafter provided and if no written request for arbitration is received within ten (10) days after the answer was received decision under Step No. is given, it shall be deemed to have been abandoned. A policy grievance arising directly between the Company and the Union involving the interpretation, application or due. STEP 3alleged violation of this Agreement shall be submitted in writing by the Business Agent. The parties agree that such a grievance shall not be submitted solely to circumvent the normal Grievance Procedure in Section In the case of the Union, such a grievance shall be submitted in writing, commencing at Step No. of the Procedure,within fifteen days after the circumstances giving rise to the grievance originate or occur. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge case of the Court involved and Company, such a representative of the Local Union and MAPE grievance shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement first be presented in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances(a) Any dispute, disputes grievance or complaints arising under misunderstanding (hereinafter called "grievance") involving occupational classification, wages, seniority, hours of work or other working conditions which any employee may desire to discuss and during adjust with the terms of this Agreement Company shall be settled in accordance handled as follows: Step 1 The employee shall take up his grievance directly with the procedure herein providedSite Supervisor of his department, either alone or accompanied by the Xxxxxxx for his area. Every effort The Site Supervisor shall be made provide a verbal reply to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP within two (2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day original presentation of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if grievance. Step 2 If the parties at this step canSite Supervisor does not settle the matter to the satisfaction of the (b) The grievance or otherwise dispose of it, at Step 2 above shall be presented in writing and shall include the said judge, within five (5) working days name of the meeting, griever and his signature and/or that of the Xxxxxxx. The grievance shall give his answer state the matter at issue and shall state in what respect the agreement has been violated or misinterpreted by reference to the specific clause or clauses relied upon. The grievance in writingshall also stipulate the nature of the relief or remedy sought. STEP 4(c) All decisions arrived at by agreement between the Site Operations Manager or his appointee and the Union Bargaining Committee with respect to any grievance shall be made in writing and shall be final and binding upon the Company and the Union. In the event that no agreement is reached the Company will confirm its decision in writing to the Union Bargaining Committee. (d) Nothing in this agreement shall be deemed to take away the right of an individual employee to present any personal grievance to the Company. (e) A grievance need not be entertained nor retroactive adjustment made by the Company unless the grievance is not settled at STEP 3, the grieving party may appeal, presented in writing within twenty thirty (2030) working days of the said judge's date of the incident which gave rise to the grievance. (f) Any grievance shall be deemed to have been withdrawn if, after an answer or failure has been given at any step, more than three (3) weeks have elapsed before the grievance has been carried to answer, to arbitration. the next step. (g) The Employer working days quoted in this Article are based on working days worked by both the employee and the Union shall mutually select the Arbitrator. The arbitration procedures under this contractCompany representative at any step, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in i.e. if either one of the steps above to parties is absent from work for any reason the next step within days absent would not count in disqualifying the prescribed grievance on time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumlimits.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 10.01 It is mutually agreed the mutual desire of the Parties hereto that all grievancesany complaint or cause for dissatisfaction arising between an employee and the Company with respect to the application, disputes interpretation, or complaints arising under and during the terms alleged violation of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Unionadjusted as quickly as possible. B. Should any grievance, disputes 10.02 It is generally understood that an employee has no complaint or complaints arise over the interpretation grievance until he/she either directly or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall Union Chairperson or his/her designate, has first take up the matter with given his/her immediate supervisor manager an opportunity to adjust the complaint. 10.03 If, after registering the complaint as per 10.02 above and such complaint is not settled within three (3) regular working days or within any period which may have been agreed by the parties, then the following steps of the Grievance Procedure may be invoked: Within ten (10) working days of the incident giving rise to the grievance or within ten (10) working days from the date the grievor should reasonably have become aware of the incident giving rise to the grievance, the grievance shall be submitted in writing to the Manager of the area. The Manager shall convene a meeting with the Union representative. A grievance not submitted Grievance Committee within five (5) working days for the purpose of its occurrence or when discussing the employee could reasonably have obtained knowledge of its occurrence grievance. The grievor may be present at the meeting if requested by either Party. The Manager shall be considered automatically closed. STEP 2. In the event the supervisor respond in STEP 1 does not give a decision writing within five three (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (53) working days to the immediate supervisor from the Employer's disposal of following that discussion. If the grievance or failure to dispose of same is not resolved at STEP 1. Said supervisor Step One, the Union shall, within five (5) working days after of receipt of the written grievanceStep One response, give his decision notify the President in writingwriting and a meeting shall be scheduled between the Union Grievance Committee and the President of the Company or designate, within seven (7) working days of the receipt of the Step Two notice from the Union. The Union may automatically take it to the next step Staff Representative of the grievance procedure Union and the grievor may be present at this meeting if no decision is given in requested by either Party. The President or designate shall within a further five (5) working days by give his/her decision, in writing, to the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received Union Chairperson or duehis/her designate. STEP 3. In 10.04 At any stage of the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 aboveGrievance Procedure including Arbitration, the presiding judge conferring parties may have the assistance of the Court involved employee(s) concerned and a representative of any necessary witnesses. All reasonable arrangements will be made to permit the Local Union and MAPE shall meet within twenty (20) working days of conferring Parties, or the day of appealArbitrator, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer have access to the grievance in writingworkplace to view disputed operations and to confer with the necessary witnesses. STEP 4. In 10.05 It is understood that the event the grievance is not settled at STEP 3timelines set out in articles 10, the grieving party 11 and 12 may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumagreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of The term “regular working days” when used in this Agreement shall exclude Saturdays, Sundays and Holidays as defined herein. Any complaint arising between the Union and the Company shall be settled considered as a grievance and shall be dealt with in accordance with the procedure herein providedoutlined below. Every effort The said grievances shall be made in writing setting out the specifics, including a clear statement of the substance of the complaint upon which the grievance is based and the remedy which is requested. Step 1 It is understood that a Dependent Contractor or Employee has no complaint or grievance, until the Dependent Contractor or Employee immediately after becoming aware or should have become aware of the complaint, brings it in writing to the Operations Manager and the Operation Manager is given an opportunity to adjust controversies and disagreements in an amicable manner between the Employer and complaint. If, after registering the Union. B. Should any grievance, disputes or complaints arise over complaint with the interpretation or application of Operations Manager the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy manner satisfactory to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance Dependent Contractor or failure to dispose of same at STEP 1. Said supervisor shallEmployee, within five (5) regular working days after receipt of the written grievance, give his decision or within any longer period which may have been mutually agreed upon by both parties in writing. The , then the Union may automatically take it to the next step of refer the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) regular working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge a meeting of the Court involved local Union’s Grievance Committee and a representative representatives of the Local Union and MAPE Company, who shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) regular working days of such request. At this meeting no more than two (2) union representatives shall be in attendance. Step 2 The Company’s decision relating to the grievance shall be in writing and, if not rendered during the Step 1 grievance meeting, shall give his answer be rendered to the Chairperson of the Grievance Committee within ten (10) regular working days. If the Company’s decision is not satisfactory to the Union, the Union must advise the Company in writing of its decision to render the grievance in writing. STEP 4to mediation and arbitration, within ten (10) regular working days. In its notice the event requesting party shall suggest persons to serve as the grievance mediator and arbitrator. If no written request for mediation and arbitration is not settled at STEP 3, the grieving party may appeal, received within these twenty (20) regular working days of days, the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, grievance shall be conducted under the voluntary rules and regulations of the American Arbitration Associationdeemed abandoned with prejudice. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of compliance with the steps above to the next step within the prescribed time limits set out herein shall be considered dropped and not subject to further appeal deemed abandoned unless the time limit mutual agreement is extended by mutual Agreement by written memorandumsought in writing.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes SECTION 1 Grievances must be submitted within 30 calendar days of the alleged violation (or complaints arising under within 30 calendar days of when the alleged violation would have reasonably come to the attention of the grievant) or such grievance will be deemed waived. Grievance meetings will occur at the 2nd and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between 3rd levels involving the Employer and Union. The Union shall have the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there right to invite appropriate personnel to such meetings. Appropriate personnel shall be an xxxxxxx effort on defined as employees directly involved in the part grievance. Except as mutually agreed to by the Union and the Employer, the following procedure shall be followed for the purpose of adjusting grievances: STEP 1 The employee shall discuss the parties grievance with his immediate supervisor for the purpose of adjusting same. The employee shall, at all times, have the right to have his Union representative present in discussing grievances. The supervisor shall attempt to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event 2 If the grievance is not settled or disposed of at STEP 2satisfactorily in Step 1, and it has been properly may be appealed in writing to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet Area Manager within twenty ten (2010) working days after the Supervisor has answered. If not so appealed, the grievance shall be deemed not to exist. The Area Manager shall attempt to settle the matter within ten (10) working days, subsequent to the date of submission of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the written grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingform. STEP 4. In the event 3 If the grievance is not settled at STEP 3adjusted satisfactorily in Step 2, the grieving party it may appeal, be appealed within twenty ten (2010) working days of the said judge's answer or failure to answerdays, excluding Saturdays, Sundays and holidays, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection Human Resources Manager of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Local and/or International Representative of the Union. The Arbitrator shall have no authority to require . STEP 4 If not adjusted satisfactorily in Step 3, the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration grievance shall be shared equally by subject at the Employer and the Union. However, each instance of either party shall bear their own expenses to arbitration as provided in connection with the arbitrationArticle 5. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that Any and all grievances, disputes or complaints arising under covering the written terms and during the terms conditions of this Agreement shall be settled processed and resolved in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any following manner: In submitting a grievance, disputes or complaints arise over the interpretation or application of employee is to identify the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1specific contract section which he/she alleges has been violated. Any employee having individual who is involved in a grievance shall dispute as described above will in the first take up the matter instance try to resolve same with his/her immediate supervisor. Discussion on same shall be conducted as quickly as operations permit within the school day. The names of the designated Shop Xxxxxxx and Shop Chairperson shall be certified by a letter from the Union. X. Xxxxxxxxxx under this procedure shall be initiated either by the Union Shop Xxxxxxx or the Superintendent of Schools. B. Any unresolved grievance initiated by the Union shall in the first instance be presented in writing to the Superintendent of Buildings and Grounds. Said supervisor and Union representative. A shall render his/her determination covering the grievance not submitted within five (5) working days after the presentation of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedthis grievance. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or C. If the matter is has not satisfactorily settled in STEP 1been resolved to the satisfaction of the Union by virtue of the supervisor's decision, the employee or Xxxxxxx shall reduce Union may then file the grievance to writing and present a copy to grievance, in writing, with the immediate supervisor. Said grievance shall be signed by the grievant and must be presented Personnel Administrator within five (5) working days to after the immediate supervisor from supervisor's decision. The grievance shall then immediately be taken up by the Employer's disposal of Personnel Administrator, together with the grievance or failure to dispose of same at STEP 1. Said supervisor shall, employee and the Union Shop Xxxxxxx concerned and a decision shall be rendered within five ten (510) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of . D. If the grievance procedure if no decision is given in five (5) working days by has not been satisfactorily resolved at the said supervisor. Unresolved grievances second stage, the matter shall proceed to STEP 3, provided they have been appealed then be referred within five (5) working days from after the date Personnel Administrator's determination to a Joint Union-Management Grievance Committee consisting of the answer was received or due. STEP 3. In Personnel Administrator, the event Assistant Superintendent for Business, the grievance is not settled or disposed of at STEP 2appropriate Union Shop Chairperson, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended delegate designated by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. HoweverJoint Committee shall, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.fifteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It 9.01 A "grievance" is mutually agreed that all grievancesdefined as any question or controversy between any employee or the UNION with the EMPLOYER involving the interpretation, disputes application or complaints arising under and during compliance with or noncompliance with the terms provisions of this Agreement shall be settled in accordance with AGREEMENT; provided, however: A. If specific administrative agency relief of a quasi-judicial nature is provided for by the procedure herein provided. Every effort shall statutes of the state of Ohio and/or the United States for review or redress of a specific matter (such as Workers' Compensation, Unemployment Compensation, EEOC, Civil Rights Commission), such matter may not be made to adjust controversies the subject of a grievance and disagreements in an amicable manner between the Employer and the Unionmay not be processed as such. B. Should Any action by the EMPLOYER or any recommendation of the SUPERINTENDENT to terminate the employment of any employee with the EMPLOYER may be made the subject of a grievance and may be processed as such except for drug and alcohol terminations. C. Any matter specifically excluded from the processing of a grievance pursuant to specific provisions of this AGREEMENT may not be made the subject of a grievance and may not be processed as such. 9.02 All employees must make every effort to settle differences or disputes without filing a grievance. In the event that an agreement cannot be reached, the following steps must be taken with respect to any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there : Step 1 The aggrieved employee shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with present his/her grievance in writing by fully completing the Step 1 Grievance Form to the employee's immediate supervisor, who will answer the grievance within ten (10) work days after receipt. This written presentation of the grievance to the immediate supervisor and Union representativemust take place within ten (10) work days after the employee has knowledge of the facts which gave rise to the grievance or with reasonable diligence should have knowledge of such facts. A If the employee does not refer his/her grievance not submitted to the second step of the procedure within five (5) working work days after receipt of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence decision rendered in this step, it shall be considered automatically closedto be satisfactorily resolved. If the grievance is processed as a class/group grievance it shall move directly to step 2. STEP 2Step 2 The grievance shall be referred in writing by fully completing the Step 2 Grievance Form to the Executive or Senior Executive Director of Transportation or designee who will investigate the grievance with the Executive or Senior Executive Director of Transportation or designee. In The Executive or Senior Executive Director of Transportation or designee will reply within ten (10) workdays. If the event employee is not satisfied with the supervisor in STEP 1 does written answer of the Division Head, the employee may refer his/her grievance to the third step of the grievance procedure. If the grievance is not give a decision referred to the third step within five (5) working daysworkdays of receipt of reply from the Executive or Senior Executive Director of Transportation or designee, or the matter is not it shall be considered to be satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said resolved. Step 3 The grievance shall be signed submitted in writing by fully completing the grievant and must be presented within five (5) working days Step 3 Grievance Form to the immediate supervisor from SUPERINTENDENT or designee, or his/her designee, who shall investigate the Employer's disposal grievance within thirty (30) days. As part of such investigation, the SUPERINTENDENT or designee or his/her representative(s) shall meet with the aggrieved employee and his/her representative and others having knowledge of the grievance or failure to dispose of same at STEP 1matter. Said supervisor shall, within five Within fifteen (515) working days workdays after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision this investigation meeting is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 aboveheld, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance SUPERINTENDENT'S or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his designee answer to the grievance in writing. STEP 4will be issued to the aggrieved employee, the UNION and all other affected individuals. In If the event EMPLOYER fails to timely answer at Step 3 and the UNION has served notice at the Step 3 hearing that it demands a timely answer, the grievance is not shall be deemed settled at STEP 3, the grieving party may appeal, within twenty (20) working days in favor of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as grievant without establishing a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationprecedent. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 8.01 It is mutually agreed the mutual desire of the parties hereto that all grievancesany complaint or cause for dissatisfaction arising between an employee and the Company with respect to the interpretation, disputes application, administration or complaints arising under and during the terms alleged violation of this Agreement shall be settled in accordance with adjusted as quickly as possible. 8.02 It is agreed that all meetings throughout the grievance procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner held between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1Company, the employee or and the Union Xxxxxxx shall reduce be held during regular working hours provided that the normal flow of business is not disrupted. The employee shall be paid for time lost from work to attend these meetings at his or her regular straight time hourly wage rate. There will be no payment for those employees who have been suspended or discharged. 8.03 STEP 1: It is generally understood that an employee has no complaint or grievance until they have first given their immediate Supervisor an opportunity to writing and present a copy adjust the complaint. This complaint shall be given to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented Supervisor within five (5) working days a reasonable period of time not to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within exceed five (5) working days from the date time the answer was received or due. STEP 3employee ought reasonably to have become aware of the circumstances giving rise to it. In The employee may request a Union Xxxxxxx to be present at this meeting. If a settlement satisfactory to the event employee concerned is not reached within two (2) full working days, the grievance is not settled or disposed of may be presented as follows at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, any time within five (5) full working days thereafter. 8.04 STEP 2: The aggrieved employee may with or without the Union representative present his grievance, which shall be reduced to writing on a form supplied by the Union, to the official of the meeting, shall give his answer Company named by the Company to handle grievances at this step. Should no settlement satisfactory to the employee be reached within five (5) full working days, the next step in the grievance in writingprocedure may be taken at any time within five (5) full working days thereafter. 8.05 STEP 4. In the event 3: The Union, if it considers it a valid grievance, may submit the grievance is not settled at STEP 3, to the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer Manager – Human Resources for GE Plastics Canada and the Union parties shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed meet as promptly as possible thereafter in an endeavour to hear settle the controversy between grievance before it is submitted to arbitration. 8.06 STEP 4: If satisfactory settlement is not reached within ten (10) working days from the parties. The decision of STEP 3 meeting and if the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of is one which concerns the provisions of this Agreement interpretation, application, administration or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions alleged violation of this Agreement. The Arbitrator's fees and , the expense of arbitration shall grievance may be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the submitted to arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. Section 1. It is mutually agreed that the intention of the parties hereto to submit all grievances, the disputes or complaints arising under and during out of the terms of this Agreement shall be settled in accordance with Contract to the grievance procedure herein providedas outlined below. Every effort shall be made to adjust controversies and disagreements in an amicable manner between During the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents term of this Agreement, Contract there shall not be an xxxxxxx effort a cessation of work on the part of the parties to settle such grievance, dispute or complaint promptly through employees nor any lockout on the following stepspart of the Employer. STEP 1Section 2. Any employee having a or Union grievance must be submitted in writing and properly signed by the employee or Union official claiming to be aggrieved within fifteen (15) working days of the date upon which the event or events alleged to constitute the grievance were first known or should have been known to the employee or Union official; except that any grievance alleging unjustified termination or misapplication of layoff must be submitted within three (3) working days. Section 3. In the event that the parties shall first take be unable to adjust any grievance or dispute arising under the terms of the Agreement, the following steps will be taken: Step 1. It shall be taken up between the matter with his/her immediate supervisor Supervisor and the Shop Xxxxxxx. The Supervisor shall give his written response to the Xxxxxxx within two (2) working days. If no agreement can be reached, the Union representativemay advance the grievance to Step 2 within two (2) working days. Step 2. A It shall be taken up between the Labor Relations Specialist or Human Resources designee and the Union plant representative who shall use their best efforts to resolve the grievance not submitted or dispute. Either party may call plant employee witnesses to support their position. The Employer plant representative will give his written answer within five (5) working days. If no agreement can be reached, the Union may advance the grievance to Step 3 within five (5) working days by submitting written notification to the Plant HR Manager with a copy of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedgrievance. STEP 2Step 3. In A meeting will be scheduled within ten (10) working days between the event appropriate Union representatives and the supervisor in STEP 1 does not give a decision Plant HR Manager and other Company representatives. If no agreement is reached within five ten (10) days then the grievance will be submitted to Step 4. Step 4. A meeting will be scheduled within fifteen (15) working days between the appropriate Union representatives and representatives from the Company Corporate Labor Relations staff. Step 5. If no agreement is reached within ten (10) working days, or then the matter is not satisfactorily settled in STEP 1parties shall agree a panel of four, two selected by the employee or Xxxxxxx shall reduce Union, two selected by the Company, which will hear the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from render a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. SECTION 7.1 A grievance is defined as a difference, dispute, or complaint between the City and the Union as to the application or interpretation of this Agreement. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement grievance shall be settled in accordance with the procedure herein providedherein. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer City and the Union. B. SECTION 7.2 Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreementgrievance arise, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint grievance promptly through the following steps.: STEP Step 1. Any The aggrieved employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working dayspresent, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received employee knew or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge should have known of the Court involved events giving rise to his grievance through proper communication channels to a Divisionthe Deputy Chief or designee. The grievance shall be signed by the employee and a representative shall specify: (A) the date of the Local alleged grievance; (B) the specific article(s) of the Agreement that were allegedly violated; (C) the basic facts pertaining to or giving rise to the grievance; and (D) the relief requested. The aggrieved employee may request that a Union representative be present. Discussion will be informal for the purpose of settling differences in the simplest and MAPE most direct manner. The Division Deputy Chief or designee shall meet reach a decision and communicate it, in writing, to the aggrieved employee within twenty five (205) working days from the date the grievance was presented to him. If not resolved, it shall be the responsibility of the day aggrieved to, within five (5) working days, document the grievance on the regular grievance form supplied by the Union. Arrangements will then be made by the Union representative for a meeting of appeal, unless otherwise mutually extended by Agreement the Union Executive Board with the aggrieved present to discuss and reach a decision on the disposition of the grievance in writing question. The Union Executive Board shall meet to discuss the grievance andwithin 30 days after it is filed. Step 2. If it is the decision of the Union Executive Board to pursue the grievance, if it will be presented to the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, Fire Chief within five (5) working days of the meetingdecision. The Fire Chief shall attempt to resolve the matter and shall respond, shall give his answer in writing, to the Union within five (5) working days. When a grievance involves discipline in writingthe form of suspension, demotion or termination, or where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of the grievance procedure, within the time limits provided for the submission of a grievance at Step 1, and shall be signed by the aggrieved employees or the IAFF representative on their behalf. STEP 4Step 3. In If the event grievance has not been satisfactorily resolved in at Step 2, the Union shall present such written grievance to the Personnel Human Resources Director within five (5) working days from the date of the response in at Step 2. The Personnel Human Resources Director will meet with the Union representative and other applicable persons within five (5) working days from the receipt of the grievance. If a resolution of the grievance is not settled reached at STEP this meeting, the Personnel Director will furnish a copy of his decision to the Union within five (5) working days. Upon seven (7) days’ written notice, the City Manager may designate another individual to hear Step 3 grievances. Step 4. If the grievance is not resolved in at Step 3, it shall then be submitted to arbitration by the grieving party may appeal, Union within twenty ten (2010) working days from the date of the said judge's answer or failure decision of the Personnel Human Resources Director. An arbitrator mutually selected from the Federal Mediation and Conciliation Service will be chosen to answer, to arbitrationresolve the grievance. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations award of the American Arbitration Association. arbitrator will be final and binding on both parties. SECTION 7.3 The Arbitrator shall proceed as promptly as possible to hear fee of the controversy arbitrator will be equally divided between the parties. At the request of either party, there shall be a court reporter at this hearing. The decision expense of the Arbitrator certified court reporter will be borne by the party making the request. If both parties receive transcripts, they will equally share this expense. Other costs will be paid by the party incurring such costs. Each party will bear the expense of its own witnesses, representatives, attorneys and all other individual expenses. On-duty employees required to testify will be made available without loss of pay, however, whenever possible, they shall be binding and final placed on both partiescall to minimize time lost from work. The Arbitrator's decision on any matter properly submitted as a grievance Under no circumstances will an off-duty employee be paid for dispute must be based upon testifying at an interpretation arbitration hearing. SECTION 7.4 Failure of the provisions City to respond within the time limits contained in this Article will be considered a denial of this Agreement or any supplemental agreements entered into between the Employer grievance and the Union. aggrieved party may proceed automatically to the next step. SECTION 7.5 The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator arbitrator shall have no power to alter, add to to, or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and arbitrator shall render his report to the expense applicable parties within thirty (30) days after the parties submit briefs, if any, to the arbitrator. SECTION 7.6 Any settlement of a grievance prior to arbitration shall be shared equally limited retroactively to a period not to exceed ten (10) working days prior to the date such grievance was first put in writing and such settlement shall not constitute an admission that the Agreement was violated nor constitute a precedent for future contract administration. SECTION 7.7 Any resolution of a grievance by an arbitrator will be retroactive to a period to be determined by the arbitrator. SECTION 7.8 All documentation presented at any step, including that of the Union grievance form, will be dated and signed by the aggrieved employee and/or Union representative presenting it. When said documentation is presented to the City, the representative thereof will acknowledge receipt of said documentation and date it accordingly. Any decision rendered will be written to the aggrieved employee and/or to the Union and will be signed and dated by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationor Employer's representative at all steps. C. Any grievance SECTION 7.9 For the purpose of clarity, "working days" shall be defined to be Monday through Friday between the hours of 0800 and 1600, excluding Saturdays and Sundays. SECTION 7.10 The Union will not appealed from be required to process grievances for an employee who is not a decision in one member of the steps above Union and will waive, in writing, to the next step within the prescribed City its non-participation. The Union nevertheless will be invited to attend any meetings where a resolution of said non-union member's grievance might be made. SECTION 7.11 By mutual consent, time limits shall set forth in this Article may be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumextended. SECTION 7.12 Non-probationary employees may be suspended, demoted, disciplined or discharged only for just cause.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner 11.1 Should any difference arise between the Employer and an employee or employees as to the Union. B. Should any grievanceinterpretation, disputes application, or complaints arise over the interpretation or application alleged violation of the contents provisions of this Agreement, there they shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through taken up in the following steps.manner: STEP 1. Any (a) An employee having a grievance grievance, or one designated member of a group having a grievance, shall first take the grievance up with the matter immediate supervisor, who will attempt to adjust it. An employee may request the immediate supervisor to call the Association representative to handle a specified grievance with his/her the immediate supervisor and Union representativethe immediate supervisor will send for the Association representative without undue delay for further discussion of the grievance. A If the grievance is not submitted adjusted by the immediate supervisor, it shall be reduced to writing and signed by the employee involved, and two (2) copies shall be given to the immediate supervisor. The immediate supervisor shall give her reply in writing to the employee and the Association representative not later than five (5) working days following the receipt by the immediate supervisor of the written grievance. (b) If a settlement satisfactory to the employee is not reached in Step 1, an appeal may be taken by the employee within five (5) working days of its occurrence or when thereafter to the appropriate Manager, Human Resources, who shall render a decision in writing to the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In and to the event the supervisor in STEP 1 does Association representative not give a decision within later than five (5) working daysdays following the presentation of the written grievance to the said Manager, or Human Resources. (c) If the matter written decision of the Manager, Human Resources is not satisfactorily settled in STEP 1satisfactory to the employee, the employee or Xxxxxxx shall reduce Association may refer the written grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented Medical Officer of Health within five (5) working days following the receipt of the reply to the immediate supervisor from Manager, Human Resources. The employee, or the Employer's disposal Association Committee with her consent, or the Medical Officer of the grievance or failure to dispose of same at STEP 1. Said supervisor shallHealth, may request a meeting which shall be held within five (5) working days after receipt such request. The Medical Officer of the written grievance, give Health shall render his decision in writing. The Union may automatically take it writing to the next step of employee and the grievance procedure if no decision is given in Association Committee not later than five (5) working days by following the said supervisor. Unresolved grievances shall proceed presentation to STEP 3, provided they have been appealed within five (5) working days from him of the date the answer was received or duewritten grievance. STEP 3. In 11.2 Either the event Employer or the Association may require that the employee, or a member of the group of employees involved in the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meetingbeing appealed, shall give his answer to the grievance in writingbe present at such meeting. STEP 411.3 All grievance forms shall contain only one (1) grievance. In A written grievance shall contain a clear and concise statement concerning the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contractcomplaint, including the selection specific provision of the Collective Agreement that is allegedly violated, the persons involved, the date on which the alleged grievance occurred and the relief sought, if practicable. A grievance shall be returned to the employee if it fails to comply with these requirements and an Arbitratoremployee shall have an additional seven (7) days to refile the grievance, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of conformity with this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationSection. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances6.01 Any differences, disputes or complaints arising under and during over the terms interpretation, administration or application of this Agreement shall be settled submitted in accordance with writing on forms supplied by the procedure herein providedUnion and signed by the employee. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application The written record of the contents grievance shall state the section or sections of this Agreement, there the Agreement which is alleged have been violated. There shall be an xxxxxxx effort on the part of the both parties to settle such grievance, dispute or complaint grievances promptly through the following steps.: STEP 11 By a conference between the aggrieved employee and his immediate supervisor. Any employee having a grievance shall first take up the matter with his/her The employees may be accompanied by his Xxxxxxx. The employee's immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a his decision within five (5) full working days. The need to maintain production and delivery schedule will be the primary factor considered when scheduling this conference. Failing settlement, or then, Within five (5) full working days following the matter is not satisfactorily settled decision in STEP Step 1, an official or officials of the employee or Xxxxxxx Union shall reduce meet with representatives of the grievance to writing and present a copy to Employer at which time the immediate supervisor. Said written record of the grievance shall be signed by the grievant and must presented. The decision shall be presented given in writing within five (5) full working days to following this meeting. 6.02 Failing settlement under Step 2 of any difference between the immediate supervisor parties arising from the Employer's disposal interpretation, administration, application or alleged violation of the grievance or failure this Agreement, including any question as to dispose of same at STEP 1. Said supervisor shallwhether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request for arbitration is received within five thirty (530) working calendar days after receipt of the written grievance, give his decision in writing. The Union Step 2 is given, it shall be deemed to have been abandoned. 6.03 No complaint or grievance may automatically take it to the next step of be submitted or considered under the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have unless it has been appealed presented within five (5) working days from the date time of the answer was received or dueoccurrence of the incident given rise to the grievance. STEP 3. In 6.04 Any complaint or grievance concerning the event interpretation of this Agreement arising directly between the Employer and the Union, shall be originated under Step 2. 6.05 A claim by an employee that he has been unjustly discharged, shall be treated as a grievance and may be taken up under Step 2 of the Grievance Procedure provided a written statement of such grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, lodged with the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, Employer within five (5) working days after the discharge. 6.06 When either party requests that a dispute be submitted to arbitration as herein before provided, it shall notify the other party in writing and at the same time nominate an arbitrator. Within ten (10) full working days thereafter, the other party shall nominate an arbitrator. The two (2) arbitrators so nominated shall attempt to select by agreement, a Chairman of the meeting, shall give his answer Arbitration Board. If they are unable to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, agree upon a Chairman within a period of twenty (20) working days following the date of their appointment, either arbitrator may then request the Minister of Labour for the Province of Ontario to appoint a Chairman. If the recipient of the said judge's answer notice fails to appoint an arbitrator, the arbitrator who has been nominated may request the Minister of Labour for the Province of Ontario to do so. Through mutual agreement, the parties may agree upon a sole arbitrator as opposed to an Arbitration Board . 6.07 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or failure to answer, settle the grievance. 6.08 No matter may be submitted to arbitration. The Employer and , which has not been properly carried through the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations proper steps of the American Grievance Procedure. 6.09 The Arbitration Association. The Arbitrator Board shall proceed as promptly as possible not be authorized to hear the controversy between the parties. The make any decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of inconsistent with the provisions of this Agreement Agreement, nor to alter, modify, or amend any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions part of this Agreement. The Arbitrator's fees . 6.10 Each of the parties hereto will bear the expenses of the Arbitrator appointed by it, and the expense of arbitration shall be shared equally by parties will jointly bear the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to Chairman of the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumArbitration Board.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 11.01 It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties hereto that any complaint or cause for dissatisfaction arising between an employee and the Employer with respect to settle such grievancethe application, dispute interpretation or complaint promptly through the following stepsalleged violation of this agreement shall be adjusted as quickly as possible. STEP 1. Any 11.02 It is generally understood that an employee having a has no grievance shall first take up the matter with his/until she has given her immediate supervisor an opportunity to adjust her complaint. If an employee has a complaint, she shall discuss it with her immediate supervisor within ten (10) working days after being made aware or ought reasonably to have been aware of the circumstances giving rise to the complaint, and Union representativeshe may be accompanied by her Xxxxxxx if she so desires. A grievance If after registering the complaint with the supervisor and such complaint is not submitted settled within five (5) regular working days of its occurrence or when the employee could reasonably within any longer period which may have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance been agreed to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to parties, then the immediate supervisor from the Employer's disposal following steps of the grievance or failure to dispose of same at STEP 1. Said supervisor shallGrievance Procedure may be invoked, within five (5) working days after receipt following the decision of the written immediate supervisor. 11.03 An employee shall not leave her regular duties in order to submit a grievance hereunder, until she has first secured permission from her immediate supervisor. Such permission shall not be unreasonably withheld and shall be granted prior to the end of the shift. 11.04 A Xxxxxxx shall be allowed a reasonable period of time to assist and accompany an employee in the presentation of a grievance. A grievance will be processed in the following manner and sequence: STEP 1 The Xxxxxxx, with or without the employee, may present her alleged grievance to the Administrator or designate. The grievance shall be in writing on a grievance form and shall include the nature of the grievance, give his decision in writing. The Union may automatically take it to the next step remedy sought and the section or sections of the grievance procedure if no decision is given in agreement which are alleged to have been violated. A meeting will be held within five (5) working days by between the said supervisorAdministrator or designate and the grievor and her Xxxxxxx. Unresolved grievances The Administrator or designate shall proceed to STEP 3, provided they have been appealed deliver her decision in writing within five (5) working days from the date receipt of the answer was received or duegrievance. STEP 3. In 2 If the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge decision of the Court involved and a representative of the Local Union and MAPE shall meet Administrator is unsatisfactory, then within twenty five (205) working days from receipt of the day of appealreply at Step 1, unless otherwise mutually extended by Agreement the grievance shall be submitted in writing to discuss the grievance and, if Employer or his designate. The Employer or his designate shall arrange a meeting with the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, Grievance Committee within five (5) working days of the meeting, shall give his answer to matter being referred. Within five (5) working days following the receipt of the grievance at Step 2, the Employer shall reply in writing. STEP 4. In the event the grievance 11.05 It is not settled understood that at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into meetings between the Employer and the Union. The Arbitrator shall have no authority to require , the Employer to purchase buildings representative may have such counsel and assistance as he may desire, and that the employee may have her Xxxxxxx, and the International Union Representative may also be present at the request of either the employee and the Employer. 11.06 Failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions alleged violation of this Agreementagreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. The Arbitrator's fees and If no written request for Arbitration is received within twenty- five (25) working days after the expense of arbitration decision at Step No. 2, the grievance shall be shared equally deemed to have been abandoned and shall not be the subject matter of a further grievance. 11.07 If at any step of the Grievance Procedure the grievance has not been processed by the Employer and within the Union. Howeverprescribed time limits, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above may be advanced to the next step by the grievor within the prescribed time limits shall as prescribed. Time limits may be considered dropped and not subject to further appeal unless the time limit is extended in writing by mutual Agreement by written memorandumagreement of the parties. Working days referred to in Article 11 do not include Saturdays, Sundays, or Statutory Holidays.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents 9.1 For purposes of this Agreement, there a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For the purpose of this Article, reference to “days” relating to steps. In the grievance and arbitration procedure shall be an xxxxxxx effort on exclude Saturdays, Sundays and paid holidays, and vacations. 9.2 It is the part mutual desire of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1hereto that complaints of employees shall be adjusted as quickly as possible. Any It is understood that an employee having a has no grievance shall until he has first take up the matter with his/her given his immediate supervisor and Union representativethe opportunity of resolving his complaint. A grievance not submitted If an employee has a complaint s/he shall discuss it with his immediate supervisor within five (5) working days after the circumstances giving rise to the complaint have occurred or have or ought to have reasonably come to the attention of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence employee. The supervisor shall be considered automatically closed. STEP 2. In give his response to the event the supervisor in STEP 1 does not give a decision complaint within five (5) working daysdays and, failing settlement, or the matter is not satisfactorily settled in STEP 1failing a response, the employee or Xxxxxxx shall reduce the it may then be taken up as a grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days following advice of the immediate supervisor’s decision in the following manner and sequence: STEP 1 The employee and his Xxxxxxx may present his grievance to his immediate supervisor. The grievance shall be in writing on a grievance form and shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, shall deliver his decision in writing within five (5) working days after receipt of following the written grievance, give his decision in writing. The Union may automatically take it to the next step presentation of the grievance procedure if no decision is given in to him. Failing settlement: STEP 2 Within five (5) working days after the decision in Step 1, the Union may submit the grievance in writing to the Director, Human Resources or his designate. A meeting will then be held between the Director/Manager Human Resources, or his designate, and Union Xxxxxxx or designate, and the grievor, if either party requests. Such meeting shall be held within seven (7) days of submission of the grievance at Step 2 unless extended by written agreement of the said supervisorparties. Unresolved grievances It is understood and agreed that a staff representative of the Union may be present at such meeting at the request of either party and that the Employer may also have such counsel and assistance as it may desire. The decision of the Director, Human Resources or his designate, shall proceed to STEP 3, provided they have been appealed be delivered in writing within five (5) working days from following the date the answer was received or dueof such meeting. STEP 3. In the event the 3 If final settlement of a grievance is not settled or disposed of reached at STEP 2Step 2 then a grievance may be referred in writing, and it has been properly appealed by either party to STEP 3 Arbitration as provided in STEP Article 11, at any time within thirty (30) calendar days after the decision is received under Step 2 aboveor the time allowance for a decision has passed. Should no settlement satisfactory to the Union be determined, the presiding judge grievance may be submitted to arbitration in accordance with the Arbitration Procedure as outlined in Article 11. 9.3 The Company shall not be required to consider any grievance which is not presented within ten (10) calendar days after the griever and the Union first became aware or ought to have been aware of the Court involved and a representative alleged violation of the Local Union Agreement. 9.4 When 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 MAPE shall meet within twenty (20) working days presented to the Company beginning at Step-Two of the day Grievance Procedure. 9.5 The Union or the Company shall have the right to initiate a Policy or a Grievance of appeala general nature, unless otherwise mutually beginning at Step-Two (2) of the Grievance Procedure, and all provisions of the Grievance and Arbitration Procedures shall apply to such grievances. 9.6 a) The time allowance provided in this Article may be extended by Agreement in writing to discuss the grievance and, if mutual agreement between the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 15.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations to assist with processing grievances. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. The Union’s business agent shall be the grievance representative of the bargaining unit. 15.2 It is mutually agreed recognized and accepted by the Employer and the Union that all the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The xxxxxxx involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the xxxxxxx and the employee have notified and received the approval of their supervisor(s) to be absent to assist in processing a grievance and that such absence would not be detrimental to the work programs of the Employer. 15.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, disputes which are defined as an alleged violation of the terms and conditions of this Agreement. 15.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee’s supervisor. If the matter is not resolved to the employee’s satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within ten (10) working days of the first occurrence of the event giving rise to the grievance or complaints arising under the time when the Union with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within ten (10) working days after receiving the written grievance, a designated Employer supervisor shall meet with the Union xxxxxxx and during attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within five (5) working days following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) working days following receipt of the Employer’s written answer. Any grievance not referred in writing by the Union within ten (10) working days following receipt of the Employer’s answer shall be considered waived. Step 3. Within ten (10) working days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or designated representative and attempt to resolve the grievance. Within ten (10) working days following this meeting, the Employer shall reply in writing to the Union stating the Employer’s answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within ten (10) working days following receipt of the Employer’s answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within ten (10) working days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within ten (10) working days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 15.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be settled in accordance with final and binding on the procedure herein provided. Every effort Employer, the Union, and the employees. 15.6 The fees and expenses for the arbitrator’s services and proceedings shall be made borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to adjust controversies and disagreements be made, providing it pays for the record. 15.7 The time limits in an amicable manner between each step of this procedure may be extended by mutual agreement of the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter 15.8 It is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed understood by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE the Employer that if an issue is determined by this grievance procedure, it shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended not again be submitted for arbitration under other procedures. If an issue is determined by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of other procedures, it shall not again be submitted for arbitration under this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationgrievance procedure. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It 10.01 The purpose of this Article is mutually agreed that all grievances, disputes to provide an orderly method of the settlement of a grievance between the parties. Such a grievance shall be defined as an alleged violation or complaints arising under and during the terms misinterpretation of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days after it arises and be processed in accordance with the following steps herein set forth. The employee shall first take up her grievance with her Supervisor and if the aggrieved employee requests, the Shop Xxxxxxx shall be given the opportunity to be present at a time to be fixed by the Supervisor. Such discussion shall be held within five (5) working days. If the grievance is not settled, it shall, within five (5) working days thereafter, be set forth in writing, signed by the employee, and given to her immediate Supervisor who shall within five (5) working days after receipt thereof, give her written answer to the immediate supervisor from the Employer's disposal of grievance. If the grievance or failure to dispose is not settled at Step No. 1, the Union may appeal it by giving a written notice of same at STEP 1. Said supervisor shall, such appeal within five (5) working days after receipt of the immediate Supervisor's written grievance, give his decision in writing. The Union may automatically take it answer to the next step of Administrator who shall discuss it with the grievance procedure if no decision is given in Union's Representative at a time to be fixed by both parties. Such discussion shall be held within five (5) working days by days. The Administrator or her designated Representative shall give her written answer to the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed grievance within five (5) working days from after the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge close of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4discussions. In the event If the grievance is not settled at STEP 3Step No. 2, it may be appealed by a written notice of such appeal given by the grieving party may appeal, Union to the Employer within twenty seven (207) working days after the receipt of the said judgewritten answer of the Administrator or her designated Representative to arbitration with the procedure and conditions in the arbitration clause hereinafter set forth. 10.02 If at any step the Employer's Representative fails to give her written answer or failure to answerwithin the time limit therein set forth, to arbitration. The Employer and the Union shall mutually select may appeal the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within at the prescribed expiration of such time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumlimit.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. Section 1. It is mutually agreed that the intention of the parties hereto to submit all grievances, the disputes or complaints arising under and during out of the terms of this Agreement shall be settled in accordance with to the grievance procedure herein providedas outlined below. Every effort shall be made to adjust controversies and disagreements in an amicable manner between During the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents term of this Agreement, Agreement there shall not be an xxxxxxx effort a cessation of work on the part of the parties to settle such grievance, dispute or complaint promptly through employees nor any lockout on the following stepspart of the Employer. STEP 1Section 2. Any employee having a or Union grievance must be sub- mitted in writing and properly signed by the employee or Union official claiming to be aggrieved within fifteen (15) working days of the date upon which the event or events alleged to constitute the grievance were first known or should have been known to the employee or Union official; except that any griev- ance alleging unjustified termination or misapplication of layoff must be submitted within three (3) working days. Section 3. In the event that the parties shall first take be unable to adjust any grievance or dispute arising under the terms of the Agreement, the following steps will be taken: Step 1. It shall be taken up between the matter with his/her immediate supervisor Supervi- sor and the Shop Xxxxxxx. The Supervisor shall give his written response to the Xxxxxxx within two (2) working days. If no agreement can be reached, the Union representativemay advance the griev- ance to Step 2 within two (2) working days. Step 2. A It shall be taken up between the Labor Re- lations Specialist or Human Resources designee and the Union plant representative who shall use their best efforts to resolve the grievance not submitted or dispute. Either party may call plant employee witnesses to support their position. The Employer plant repre- sentative will give his written answer within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed.working STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP Step 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet A meeting will be scheduled within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.ten

Appears in 1 contract

Samples: Machinists Labor Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed the intention of the parties that all grievances, disputes or complaints arising under this procedure provide a just and during peaceful method of adjusting grievances and the terms parties agree to act in good faith in settlement of this Agreement shall be settled grievances in accordance with the procedure herein providedprovisions of the Article. Every effort shall be made to adjust controversies and disagreements in an amicable manner Any complaint, disagreement or difference of opinion between the Employer Company and the Union. B. Should any grievance, disputes Union or complaints arise over the employees covered by this Agreement which concerns the application or interpretation or application of the contents terms and provisions of this Agreement, there shall be an xxxxxxx effort considered a grievance. Any employee, the Union or the Company may present a A grievance concerning a dismissal shall be submitted at Step Any grievance which is not presented within (15) working days from the event giving rise to the grievance, shall be forfeited and waived by the aggrieved parties. A policy grievance filed on the part behalf of the parties to settle such grievance, dispute Union or complaint promptly through the following steps. STEP 1Company shall be submitted at Step of the grievance procedure. Any employee Union Xxxxxxx having a grievance shall complaint must first take up discuss the matter with his/her immediate supervisor and the Supervisor Operations Manager. Should such discussion not result in a satisfactory resolution of the problem, the following steps will be followed: Step The Union representative. A Xxxxxxx shall submit their formal grievance not submitted in writing to the Supervisor Operations Manager, who shall reply in writing within five three (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (53) working days, or . If a satisfactory settlement cannot be reached then the matter is not satisfactorily settled in STEP 1, the following procedure applies. Step The employee or Union Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they will have been appealed within five (5) working days from the date time the answer was received, or should have been received or due. STEP 3. In at Step present the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement complaint in writing and in person to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within Branch Manager who will have five (5) working days of the meeting, shall give his answer to respond to the grievance complaint in writing. STEP 4. In If a satisfactory settlement cannot be reached then the event following procedure applies. Step The employee Union Xxxxxxx will have ten (10) working days from the time the answer was received, or should have been received in Step to present the complaint to the Regional Manager who shall discuss the matter with the Unit Chairperson National Representative. The Regional Manager will reply within ten (10) working days. Failing a satisfactory settlement, grievance is not settled at STEP 3, the grieving party may appealthen be referred to Arbitration, within twenty (20) working days from the time of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed Step as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions established in Article of this Agreement. The Arbitrator's fees and the expense time limitations prescribed in Article may be extended, but only by mutual consent of arbitration shall be shared equally by the Employer and the Unionboth parties in Writing. However, each party shall bear their own expenses Investigations in connection with the arbitration. C. Any grievance not appealed from a decision in major violation of Company rules, regulations and major disciplinary actions will be held as quickly as possible. An employee may be held out of service for investigation. They will be given at least one (1) day's notice of the steps above investigation and notified of the charges against them. This shall not be construed to mean that a proper officer of the Company may be prevented from making an immediate investigation. An employee may, if they so desires, have the assistance of one or two fellow employees, or Local Chairperson or authorized committee person of the Union, at the investigation. Upon request, the employee being investigated shall be furnished with a copy of their own statement, if it is made a matter of record at the investigation. The decision will be rendered within twenty-one (21) calendar days from the employee being investigated. An employee will not be held out of service pending the rendering of a decision, except in the case of offence. Any employee shall be allowed to inspect their own disciplinary file in the presence of the Company, during normal business hours. Any officer of the Union, on behalf of the employee, may accompany the employee to inspect their own disciplinary file, subject to the next step written authorization of the employee. Any reprimand notices or disciplinary measures will be withdrawn the employee's file after one (1) year except if there is a reoccurrence of the same or similar infraction, within that year. Any matters affecting driving records will remain on the prescribed time limits shall disciplinary record for three except if there is a reoccurrence of the same or similar infraction, within that period. All employees will not be considered dropped and not subject required to further appeal unless meet with the time limit is extended by mutual Agreement by written memorandumCompany without Union representation.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints (cont’d) d) Disputes arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer TPA and any employee(s) regarding the Union. B. Should any grievanceinterpretation, disputes or complaints arise over 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 this agreement has been violated, or should any other dispute arise, the contents of this Agreementmatter(s) will, there shall subject to (c) above, be an xxxxxxx effort on the part of the parties considered to settle such grievance, dispute or complaint promptly through the following steps.be a formal grievance and be dealt with as follows: STEP 1. Any employee having 1 The aggrieved employee(s) shall submit a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy Local 416 Grievance Form to the immediate supervisor. Said grievance shall be managerial supervisor signed by the grievant employee(s) and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shallXxxxxxx, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days being refused redress by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In in the event the grievance is process outlined above has not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judgefollowed, within five (5) working days of after the meeting, shall give his answer incident giving rise to the grievance in writing. STEP 4became known, or should have become known to the employee. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty Within five (205) working days of receipt of the said judge's answer or failure grievance the Department Manager and/or his designated representative will arrange to answer, to arbitrationmeet with the employee and his Xxxxxxx. The Employer Department Manager will issue a formal reply to the grievance within five (5) working days of this meeting. STEP 2 Failing satisfactory settlement under Step 1, the Union may, within five (5) days after receipt of the step one reply, forward the grievance to the Vice-President & CFO, or his designated representative. At the earliest convenience of the parties, the Vice-President & CFO and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations Director of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible applicable area will arrange to meet with the Union to hear the controversy between the partiesgrievance. The decision Vice-President & CFO will issue a formal reply to the grievance within five (5) working days. Failing satisfactory settlement under Step 2 the Union may, within thirty (30) days after receipt of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for Step 2 reply, refer the dispute must be based upon an interpretation of to Arbitration in the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses manner set forth in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.Article

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances7.01 Any complaint, disputes disagreement, or complaints arising under and during difference of opinion between the Employer, the Union or the employees covered by this Agreement, which concerns the interpretation, application, operation or alleged violation of the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents provisions of this Agreement, there shall be considered as a grievance. 7.02 In any payroll grievance regarding hours worked by an xxxxxxx effort on employee and the part amount paid to an employee, the Employer shall promptly supply such information in respect to the six (6) months immediately prior to the request. If information for a longer period is required, the normal process of the parties Grievance Procedure shall apply. The Union shall not use the foregoing provision to settle request information that does not pertain to a specific grievance of an employee. 7.03 Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within twenty-one (21) calendar days following the event giving rise to such grievance, dispute or complaint promptly through fourteen (14) calendar days from the following stepslast day worked when related to a discharge grievance, shall be forfeited, and waived by the aggrieved party. STEP 17.04 All grievances shall be submitted in writing by the Union or Employer. 7.05 The procedure for adjustment of grievances and disputes by an employee shall be as follows: Step 1 By discussion between the Shop Xxxxxxx and/or Union Representative (with or without the aggrieved employee or employees present at their option) and the Store Manager/Owner. Any employee having The Store Manager/Owner shall make a grievance shall first take up decision on the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five seven (57) working days of its occurrence or when and advise the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter Union and if agreement is not satisfactorily settled in STEP 1reached, then, the employee or Xxxxxxx shall reduce the grievance parties must advise each other if they intend to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed Step 2 within five fourteen (514) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appealStep 1 decision: Step 2 The employee shall report their complaint to the Union Labour Relations Officer, unless otherwise mutually extended by Agreement in writing to discuss who will take the grievance and, if matter up with the parties at this step Store Manager/Owner who shall make a decision on the matter within twenty-one (21) days. If a satisfactory settlement cannot settle the grievance or otherwise dispose be reached then, upon request of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appealeither party, within twenty one (2021) working days of receiving the said judge's answer or failure to answer, to arbitration. The Employer and decision from the Union shall mutually select Store Manager/Owner the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, matter shall be conducted under the voluntary rules and regulations of the American referred to Arbitration Associationin accordance with Article 8. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall Time limits may be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by agreement with written memorandumconfirmation.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances11.01 All questions, disputes or complaints and controversies arising under this agreement shall be adjusted and during settled promptly within the terms and conditions as set forth in this article in the manner provided by this article. The procedure for settlement of this Agreement such grievances shall be settled in accordance with as follows. Any grievance of an employee shall first be taken up between such employee and the procedure herein providedEmployer supervisor within ten (10) days from the date on which the circumstances upon which the grievance is based were known or should have been known by the grievor. Every effort Such employee will be entitled to be accompanied by a shop xxxxxxx. The supervisor shall give an oral answer to the grievor within five (5) working days. Failing settlement at step one, such grievance shall be made reduced to adjust controversies writing by the Union and disagreements presented to the Employers supervisor within ten (10) working days of the receipt of the reply at step one. The written grievance shall contain a summary of the matter at issue and shall specify the articles of the agreement claimed to have been violated or in an amicable manner between the Employer question and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application remedy sought. The decision of the contents of this Agreement, there Employers supervisor or his delegate shall be an xxxxxxx effort on delivered to the part of Union in writing within five (5) working days. Failing settlement at step two, the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted may within five (5) working days of its occurrence or when request a meeting to be held between the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2Union and the Employer. In the event the supervisor in STEP 1 does not give a decision Such meeting must take place within five ten (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (510) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1Union’s request. Said supervisor shall, The branch manager will provide the Union with a written decision within five (5) working days after receipt such meeting. Failing settlement at step three, the grievance shall be submitted to a single neutral arbitrator, chosen by mutual agreement, within thirty (30) calendar days of the written grievance, give his decision last discussion at step three. The party requesting arbitration shall do so in writing, naming their choice of arbitrator. The Union may automatically take it If the parties fail to the next step of the grievance procedure if no decision is given in five agree upon a neutral arbitrator within ten (510) working days by after either party has served notice on the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 aboveother party, the presiding judge Minister of the Court involved and Labour will be requested to appoint a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingneutral arbitrator. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during 12.01 For the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents purpose of this Agreement, there shall be a complaint or a grievance is defined as a difference between the parties to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitral or an xxxxxxx effort on allegation that this Agreement has been violated. It is the part intent of the parties to settle such grievance, dispute or complaint promptly resolve all grievances through informal discussion among the following stepsappropriate parties. STEP 1. Any 1 To this end, an employee having with a grievance complaint shall first take up the matter have a meeting with his/her immediate supervisor supervisor. The employee may be accompanied by the union xxxxxxx and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give shall render a written decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer . At this stage the supervisor may decline to consider any complaint the alleged circumstances of which originated or occurred more than fifteen (15) working days prior to the grievance in writingrequest for the meeting. STEP 4. In 2 If the event the grievance complaint is not settled at STEP 3informally, the grieving party Union may appealsubmit a grievance in writing within fifteen (15) working days from the receipt of the written decision referenced in Step 1 above. A conference shall be arranged to be held between the Employer representative, and or his/her designate and the employee. A National Representative of the Union may, at the request of either party, attend this meeting. The Employer shall render its written decision within twenty five (205) working days of the said judge's answer conference. 12.02 The written grievance shall set out the facts and nature of the grievance, the date of the alleged occurrence, the section or failure to answersections of the Agreement alleged may be violated, to arbitration. The Employer the redress sought and shall be signed by the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in union. 12.03 In the event that an employee is discharged, the parties are not able to mutually agree on an Arbitrator, matter shall be conducted under the voluntary rules and regulations taken up as a written grievance at Step 2 of the American Arbitration Association. grievance procedure provided the employee shall initiate such grievance with five (5) working days of notification of discharge. 12.04 The Arbitrator shall proceed as promptly as possible to hear Union may file a policy grievance concerning the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an general application or interpretation of the provisions of this Agreement or any supplemental agreements entered into between commencing at Step 2 of the grievance procedure. 12.05 The Employer may file a grievance commencing at Step 2 and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally if such grievance by the Employer and is not settled at Step 2 to the Union. Howevermutual satisfaction of the conferring parties, each party shall bear their own expenses in connection with the it may be referred to arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement 14.01 A grievance shall be settled in accordance defined as a dispute between an employee; a group of employees with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner a similar grievance; or between the Employer Union and the Union. B. Should any grievanceEmployer regarding the application, disputes or complaints arise over the administration, interpretation or application of the contents alleged violation of this Agreement, there . The parties to this Agreement recognize the Stewards and the CLAC Representatives as the agents through which employees shall process their grievances. Probationary employees may be terminated upon a lesser standard of cause than a seniority employee. Such cause shall be an xxxxxxx effort on reasonable in the part opinion of the parties Union and management. A Xxxxxxx shall be allowed a reasonable period of time to settle assist and accompany an employee in the presentation of a grievance where such grievance, dispute or complaint promptly through the following stepsgrievance must be dealt with during working hours. STEP 114.02 The reference to days excludes Saturdays, Sundays and public holidays. Any employee having Time limits mentioned in this Article may be extended upon consent of both parties. 14.03 The Employer or the Union shall not be required to consider or process any grievance outside the time limits provided in this grievance procedure. 14.04 Before a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor is filed in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1writing, the employee or Xxxxxxx shall reduce discuss the grievance to writing and present a copy to the complaint with her immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed event or within five (5) working days from of the date time when the answer was received employee should have reasonably known of the occurrence of the event or duethe consequences thereof, with a view to a mutual settlement. STEP 3. In the event the 14.05 Step 1 An employee having a grievance that is not settled or disposed of at STEP 2under Article 14.04, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and shall with a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judgeRepresentative, within five (5) working days of the meeting, shall give his answer to day the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, decision made under Article 14.04 or within twenty five (205) working days of the said judge's answer day this decision should have been made, submit a written grievance to the Supervisor or failure to answer, to arbitrationher designate. The Employer will deal with the grievance and will notify the grievor and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations Representative of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision in writing within five (5) days following submission of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationgrievance. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances(a) Any dispute, disputes grievance or complaints arising under misunderstanding (hereinafter called grievance) involving occupational classification, wages, seniority, hours of work, or such other employment conditions which any employee or group of employees may desire to discuss and during adjust with the terms of this Agreement Company shall be settled handled as follows: Step 1 The employee shall discuss his grievance with the Shift Supervisor of his department. If the employee believes that he cannot properly express or explain his difficulties to the Shift Supervisor, the employee may report the matter to the xxxxxxx who, together with the employee may discuss the matter with the Shift Supervisor. If the grievance is not satisfactorily adjusted following such discussion the employee may submit a written summary of the grievance to his Shift Supervisor. Step 2 If the grievance is not satisfactorily adjusted by the Shift Supervisor within forty-eight (48) hours after the grievance has been submitted to him in writing under the provisions of Step 1 hereof, the employee and the xxxxxxx may take up the matter directly with the Site Manager or his appointee. Step 3 If a satisfactory settlement is not reached within forty-eight (48) hours after the matter has been discussed in accordance with Step 2 hereof, the xxxxxxx may submit the grievance in writing to the Union Committee with a copy to the Company. The Union Committee may then discuss it with the Company at a time to be agreed upon which shall not be later than ten (10) days following the date the grievance is submitted in writing in accordance with the procedure herein provided. Every effort provisions of Step 3. (b) All decisions arrived at by agreement between the Company and the Union Committee with respect to any grievance involving a difference between the Company and an employee or group of employees should be made in writing and shall be made to adjust controversies final and disagreements in an amicable manner between binding on the Employer Company and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there Union and shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having without prejudice and will not set a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2precedent. In the event of failure to reach agreement through Step 3 of this clause, the supervisor Company shall confirm its decision in STEP 1 does writing to the Union Committee within ten (10) days. (c) Nothing in this agreement shall be deemed to take away the right of an individual employee to present any personal complaint to the Company. (d) While an employee may discuss a grievance with his Shift Supervisor at any time, a request for retroactive adjustment need not give be entertained by the Company unless the grievance is presented in writing within thirty (30) days of the date of the incident which gave rise to the grievance or if more than two (2) weeks have elapsed from the time the grievance is carried to the next higher step. The time limits specified herein will not include periods during which an employee is unable to file or process a decision within five grievance on account of leave of absence or vacation. (5a) working days, Any difference between the Company and the Union involving an alleged violation of any Article of this Agreement which directly affects the interests of the Union or the matter is not satisfactorily settled Company as a party to this Agreement may be filed as a grievance in STEP 1, writing by either party. Any such grievance so submitted shall if initiated by the Union be signed by the employee recognized as the representative of the Union Committee of Local 9042 or Xxxxxxx shall reduce if initiated by the grievance to writing and present a copy to the immediate supervisor. Said grievance Company shall be signed by the grievant and must be presented within five (5) working days to Site Manager or his appointee. The written grievance shall state the immediate supervisor from matter at issue, the Employer's disposal grounds on which the violation of the grievance Agreement is alleged to have occurred, the specific clause or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt clauses relied upon and the nature of the written grievance, give his decision relief or remedy sought. (b) The Company and the Union Committee shall meet to discuss the grievance at a time to be mutually agreed upon which shall not be later than ten (10) days following the date the grievance is submitted in writing. The Union may automatically take it to the next step of the grievance procedure if no decision It is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and understood that a representative of the Local United Steelworkers may be in attendance at such meetings. All decisions arrived at by agreement between the Company and the Union and MAPE shall meet within twenty (20) working days of Committee with respect to any grievance involving a direct difference between the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer Company and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, be made in the event the parties are not able to mutually agree on an Arbitrator, writing and shall be conducted under the voluntary rules final and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's and shall be without prejudice and will not set a precedent In the event of failure to reach agreement the party to whom the matter was submitted shall confirm its decision on any matter properly submitted as in writing to the other party within ten (10) days. (c) While a grievance concerning a direct difference between the Company and the Union may be discussed at any time, a request for dispute must retroactive adjustment need not be based upon an interpretation entertained by the party to whom the grievance is submitted unless the grievance is presented in writing within thirty (30) days of the provisions date of the incident which gave rise to the grievance. 11.03 Unless the party initiating a grievance processes it within the time limits set forth in this Article 11 the grievance shall be deemed to have been abandoned. 11.04 The time limits specified in this Article 11 shall be deemed to be exclusive of Saturdays, Sundays, those holidays described in clause 6.03 of this Agreement or any supplemental agreements entered into between the Employer and the Unionplanned vacation shutdowns. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed These time limits shall may be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumagreement of the parties concerned.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all Election of Stewards In order to provide for the of grievances, disputes the Employer acknowledges the rights of the Union to appoint or complaints arising under and during the terms of this Agreement elect stewards, whose duties shall be settled to assist any employee which the xxxxxxx represents in preparing and presenting his grievance in accordance with the procedure herein providedgrievance pro- cedure. Every effort of Stewards The Union, shall the Employer in writing of the names of each xxxxxxx, no more than six and the he represents before the Employer shall be made required to adjust controversies and disagreements recognize them. Any changes in an amicable manner between the xxxxxxx personnel shall be given to the Employer and within days from his appointment in writing. Grievance Committee The stewards so selected shall constitute the Union. B. Should Grievance so long as they remain employees or until the Employer is advised by the Union of any changes. One xxxxxxx shall be appointed by the Union as Chief Xxxxxxx. Servicing Grievances No xxxxxxx shall his work without first getting permission from his immediate supervisor or head. He must report to the supervisor when to work. Such permission shall not be unreasonably withheld. Settlement Through Discussion The parties agree that when an employee a complaint or grievance, disputes he be encouraged to discuss the matter with his immediate supervisor, accompanied by his xxxxxxx, within ten working days from the time the incident occurred giving rise to the complaint or complaints arise over alleg- ed this Agreement and before the interpretation or application first step of the contents grievance procedure is implemented. Settling of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps.Grievances: STEP 1. Any employee having : Where the matter has not been resolved through discussion as in Article above, then within fifteen work- ing days from the time the incident occurred giving rise to the grievance, the employee, together with his xxxxxxx, may present a grievance to the Supervisor in writing. The Supervisor shall first take up render his decision, in writing, within ten working days from the matter with his/her immediate supervisor and Union representativereceipt of the grievance. A grievance not submitted STEP Failing satisfactory settlement. within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievanceSupervisor's decision under Step the grievanceshall besubmitted to the Administrator by the Grievance Committee with the employee concerned. The Administrator shall render his decision, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) ten working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge receipt of the Court involved and a representative of grievance. STEP Failing satisfactory settlement under Step the Local Union and MAPE shall meet may within twenty (20) thirty working days of receiving the day of appeal, unless otherwise mutually extended by Agreement Administrator's decision as outlined in Step and on giving five day's notice in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. Howeverits intention, each party shall bear their own expenses refer thedispute as provided for in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.Article

Appears in 1 contract

Samples: Provincial Collective Agreement

GRIEVANCE PROCEDURE. A. 8.02 It is mutually agreed the mutual desire of the parties hereto that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance with the procedure herein provided. Every effort adjusted as quickly as possible, and it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application registered within ten days of the contents alleged circumstances coming to the knowledge of this Agreementthe employee. If an employee has an unsettled complaint, there it may be taken up as a grievance within five full working days in the following manner sequence : Step No. 1 - Between the aggrieved employee who may be accompanied by the Union xxxxxxx, who shall be an xxxxxxx effort on the part employee of the parties to settle such Company, and the xxxxxxx, at which time a written record of the grievance, dispute or complaint promptly through on a standard form to be supplied by the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence Company, shall be considered automatically closed. STEP 2submitted and signed by the employee. In the event the supervisor in STEP 1 does Failing a settlement within not give a decision within more than five (5) full working days, then : Step No. 2 - within five full working days following the decision of Step No. 1; between an accredited representative of the Union and the local manager or other authorized representative of the Company; Step No. 3 - Failing settlement under Step No. 2 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 not satisfactorily settled arbitrable such difference or question may be taken to arbitration, as provided in STEP 1Article IX. If no written request for arbitration is received within fourteen days after the decision in Step No. 2 is given, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance it shall be signed by deemed to have been settled or abandoned. 8.05 Saturdays, Sundays and plant holidays will not be counted in determining the grievant and must time within which any action is to be presented within five (5) working days to the immediate supervisor from the Employer's disposal taken or completed in each of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step steps of the grievance procedure if no decision is given in five (5) working days or under Article IX. Any and all time limits fixed by this Article and Article IX may at any time be extended by agreement between the said supervisorCompany and the Union. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from All decisions arrived at between the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge representatives of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer Company and the Union shall mutually select be final and binding upon the Arbitrator. The arbitration procedures under this contractCompany, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer Union and the Unionemployee or employees concerned. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally An employee who has been disciplined by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationCompany will have such disciplinary action removed from his records after a period of two years provided that during such period no similar incident occurs. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It 4.01 The immediate attention to complaints and grievances is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents utmost importance. If an employee has a complaint arising out of this the company’s administration of the Collective Agreement, there he shall be an xxxxxxx effort on first discuss it with his supervisor. If the part employee is not satisfied following this discussion he may files a grievance at Step 1 of the parties to settle such grievance, dispute or complaint promptly through the following stepsGrievance Procedure. STEP 1. Any employee having a 1 Within ten (10) working days after the alleged grievance shall first take up incident the matter with his/her aggrieved must present the grievance to an immediate supervisor and Union representativein writing. A grievance not submitted Should no settlement satisfactory to the aggrieved be determined within five (5) working days the next step of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall procedure may be signed by the grievant and must be presented implemented within five (5) working days following. STEP 2 The aggrieved, through an authorized union representative, may submit the grievance to an authorized agent of the Employer, in writing, and the responsible parties shall meet within five (5) working days following. Should no settlement satisfactory to the immediate supervisor from aggrieved be determined within five (5) working days following this meeting, the Employer's disposal next step of the grievance or failure procedure may be implemented within five (5) working days following. STEP 3 Should no settlement satisfactory to dispose the aggrieved be determined within five (5) working days following, the grievance may be submitted to arbitration within ten (10) working days following, as provided for in Article 5 –Arbitration. 4.02 Grievances pertaining to alleged violation of same hours of work, rates of pay, overtime, vacation with pay and other monetary items, may be submitted within one (1) month of such alleged grievance incident; benefits and vacation pay may be submitted within one (1) month. 4.03 Satisfactory judgment of such grievance may be made retroactive to the point at STEP 1. Said supervisor shall, which the Employer becomes aware of a complaint. 4.04 The grievance procedure for a non-probationary employee who claims he has been terminated without just cause shall be dealt with in Step 2 within five (5) working days after receipt the termination. A probationary employee who claims to have been disciplined or discharged in violation of the written grievance, give his decision standard set out in writing. The Union Article 17.01 may automatically take it to the next step file a grievance at Step 1 of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueprocedure. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed Both parties agree that all grievancescomplaints will be adjusted as fairly and quickly as possible. Therefore, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall every attempt will be made to adjust controversies settle disputes during the first step of the grievance procedure. Investigation and disagreements settling of grievances may not be done during the regular working hours as set forth in an amicable manner between the Agreement, except in the case of emergency with the mutual consent of the Employer and the Union. B. Should . No employee individually shall have the right to institute any grievanceaction, disputes arbitration or complaints arise over the interpretation or application of the contents of proceedings under this Agreement, there . All such rights shall be an xxxxxxx effort on rest solely the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representativeUnion. A grievance with respect to discharge shall commence by invoking Step No. and shall not submitted be necessary to invoke Step No. therefor. A complaint or grievance must be made writing within five (5) working days of its the occurrence or when the employee could reasonably have obtained knowledge of its occurrence causing same and it shall be considered automatically closed. STEP 2. In taken up with the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed Department Manager by one member designated by the grievant and must be presented within five Union (5) working days to hereinafter called the immediate supervisor from Xxxxxxx!!). If the Employer's disposal of the complaint or grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have has not been appealed settled within five (5) working days from the date on which it was first brought to the answer was received attention of the Department Manager by the Shop Xxxxxxx, or due. STEP 3within such longer period as the Department Manger and the Shop Xxxxxxx may agree on, then Step No. may be invoked, provided that Step No. to be invoked must be invoked within fifteen (15) days from the occurrence causing the complaint or grievance. The Business Agent shall deliver to the Vice President of Properties and Facilities, a copy of the written grievance referred to under the heading Step No. A grievance with respect to discharge shall be delivered to the aforesaid officers within five working days of the discharge grieved. Within seven (7) days from receipt of the written grievance by the Vice President of Properties and Facilities, or within such longer period as the Employer and the Union may agree on, a joint committee composed of three representatives from each party shall meet and attempt to settle the grievance. Should the grievance not be settled by the said joint committee within seven days of its first meeting, or within such longer period as the Employer and the Union may agree on, and if it is one which concerns the interpretation, application, administration or alleged violation of this Agreement, then Step No. may be invoked. Subject to Article both parties to this Agreement agree that any dispute or grievance concerning the interpretation, application, administration or alleged violation of this Agreement shall, after it has been carried through all the foregoing steps of the grievance procedure without being settled, be referred to a Board of Arbitration at the request of either party, or to a single Arbitrator with the agreement of both parties, without stoppage of work. The Board of Arbitration shall be composed of one person appointed by the Employer, one appointed by the Union and a third person, to act as Chairman, chosen by the other two members of the Board of Arbitration. Within fifteen (15) days from the date that the joint committee has terminated its deliberations at Step No. the party requesting arbitration shall notify the other party in writing of the desire to arbitrate the grievance and in the notification it shall also state the name of its nominee to the Board of Arbitration. The recipient of the notice shall, within ten days of receipt of same, notify the other party of its nominee, and the two nominees so appointed shall confer and appoint a third person to act as Chairman of the Board or Arbitration. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed two nominees are unable to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and agree upon a representative of the Local Union and MAPE shall meet Chairman within twenty fourteen (2014) working days of the day appointment of appealthe latter of them, unless otherwise mutually extended by Agreement either party or its nominee may apply to the Minister of Labour for the Province of Ontario for the appointment of the third person to act as Chairman of the Board of Arbitration. No person may be appointed as an arbitrator who has been involved in writing an attempt to discuss the grievance and, if the parties at this step cannot negotiate or settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writinggrievance. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms The parties of this Agreement are agreed that of the utmost importance to adjust complaints and grievances as as possible and at the lowest possible step. No complaint or grievance shall be settled in accordance with considered unless it relates to the procedure herein providedinterpretation, application, administration or alleged violation of this Agreement or where the circumstances giving rise to it occurred more than five working days before filing of the complaint or grievance. Every effort Complaints and Grievances shall be made adjusted and settled as follows: The aggrieved employee shall present her complaint verbally to adjust controversies and disagreements her Supervisor in an amicable manner between a meeting specifically intended for this purpose. She shall have the Employer and presence of a Xxxxxxx if she so desires. If a settlement satisfactory to the Union. B. Should any grievanceemployee concerned is not reached within five working days, disputes or complaints arise over the interpretation or application complaint may be carried forward to Step No. of the contents grievance procedure at any time within five working days thereafter as per Article The parties agree that any settlement reached at this stage of this Agreement, there the Grievance Procedure shall be an xxxxxxx effort without admission of liability on the part of any party and shall apply only to the parties case at hand. It further understood and agreed that any settlement reached at this stage of the Grievance Procedure will not set any precedent and not be referred to settle such grievance, dispute or complaint promptly through in any way relied upon by either party in any future cases. The aggrieved employee may with her xxxxxxx present the following steps. STEP 1. Any employee having a grievance in written form to the Department Manager who shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted render his decision writing within five (5) working days the presentation of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present him. If a copy settlement satisfactory to the immediate supervisoremployee is not reached the grievance may carried forward to Step No. Said grievance shall be signed by the grievant and must be presented at any time within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt the rendering of the written grievance, give his decision in writingDepartment Manager's decision. Article at The Union aggrieved employee may automatically take it submit her grievance writing to the next step of the grievance procedure if no decision is given in five (5) working days by Plant Manager, or his designate who shall arrange a meeting with the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed employee within five (5) working days from the date receipt of the answer was received or due. STEP 3No. In At this meeting the event aggrieved employee may by the Grievance Committee and a full time representative of the Union. If final settlement of the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet completed within twenty (20) five working days of the day of appeal, unless otherwise mutually extended by Agreement in writing meeting referred to discuss at Step No. the grievance andmay be referred by either party to a Board of Arbitration as provided in Article at any time within ten days there- after, if but no later. Working days shall mean Monday through Friday excluding Paid Holidays. The failure to carry a complaint or grievance forward accordance with the parties time limits set forth in Article or shall be deemed to indicate that the complaint or grievance has. been unless have mutually agreed to an extension of the stipulated time If at this step cannot settle any step, Company’s Representative fails to provide a response as required by the grievance complaint or otherwise dispose of itgrievance. procedure, the said judgeemployee may, within five (5) working days of with Union consent, appeal the meeting, shall give his answer to the complaint or grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within step. Group Complaint or Grievance Where a complaint or grievance affects more than one employee with substantially the prescribed time limits same interest they may present the same or grievance and it shall be considered dropped and not subject to further appeal unless processed in the time limit is extended by mutual Agreement by written memorandumsame manner as an individual complaint or grievance.

Appears in 1 contract

Samples: Collective Agreement

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