Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE PROCEDURE. 1. The purpose of the procedure set forth hereinafter is to procure prompt, equitable solutions to those problems which, from time to time, may arise and which affect the application or interpretation of the terms and conditions of employment covered by this Agreement agree contract. The Superintendent and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for grievance at the procedural level involved. Teachers and appropriate administrators, in each instance, shall firstly attempt to resolve any and all steps issues which, if not resolved, would be the basis of a grievance. LEVEL ONE: An aggrieved teacher, group of teachers, and/or the Association, shall present the grievance, in writing, to and shall confer with the Building Principal within twenty-five (25) days of the event giving rise thereto, or o f the date the grievant first had ■or should have had laiowledge thereof, or the same shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsdeemed waived. The Company agrees that it Building Principal shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by issue a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, written decision within five (5) calendar work days of the alleged violation bring this to conference. LEVEL TWO: I f at the attention end of Supervisor. After discussion with Supervisor, if ten (10) days next following such presentation the matter is grievant shall not settled satisfactorilyhave been disposed of, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative grievant may, within ten (10) calendar days from after the date time when the Level One written decision is due, file such grievance with the Superintendent, who, within ten (10) days thereafter, shall meet with the grievant in an effort to settle the grievance originated. The Company Representative responsible shall answer the grievance and render a decision thereon in writing within ten (10) calendar days after thereafter. LEVEL THREE: If the grievance was presented. Step grievant is not satisfied with the decision at Level Two: Within , within ten (10) calendar days of receipt of thereafter the decision under Step Onegrievant may file an appeal, in writing, with the Local Chairperson and/or the Accredited Representative may appeal the case Superintendent, with copies simultaneously to the President and/or designated Management employee of TowerAssociation and the Board. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen Not less than ten (1510) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged nor more than fifteen (15) days after receipt of such appeal, the incident Board shall hold a hearing on the grievance. The hearing shall be conducted in Executive Session and within fifteen (15) days thereafter, the Tower comes Board shall render its decision, in writing. At such hearing there shall be presented to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct Board all prior decisions, recommendations and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent matters relating to the employee and to grievance. LEVEL FOUR:. I f the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee Association is not satisfied with the decisiondecision at Level Three, may process case further, commencing at Step Two the Association shall have ten (10) days to give written notice to the Superintendent of its election to present the grievance procedure. Should to arbitration; in such event, the employee be exonerated, shall be paid at regular rate of pay for any time lost, Superintendent and the record of Association shall select the employee shall be cleared of arbitrator from the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsfollowing panel: Xxxxxxx Xxxxxxxx, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limitsXxxxx Xxxxxxxxxx, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsXxxxx Xxxxx, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEor Xxxxx Xxxxxxx.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort Both the Company and the Union emphasize the desirability of a satisfactorygrievance procedure, the purpose of which will be made to settle disputes during grievances promptly. For the early stage purposes of this Agreement, grievances are understood to be any disputes, disagreements, dissatisfactions, differences, or alleged grievances arising out of the Grievance procedureprovisionsof this Agreement. It is understood agreed that a reasonable amount consultation at any step in the following procedurewill take place quietly and speedily so that any possiblecause of time friction may be spent reducedto a minimum. To ensure prompt handling of grievances, the matter concerned should be submitted as soon as possible, but neither the Company nor the Union shall be required to recognize a grievance submitted by members an employee after (15) work days have elapsed from the date of the Union Grievance Committee incident. The above time limit shall not apply in order those instanceswhere the grievance involves an error in employee'spay. The employee will discuss his grievance with his Supervisor, accompanied by his Xxxxxxx if he so desires. If such grievance is not settled to investigate and participate the sat- isfaction of the employee concerned, it may be submitted in grievance matters writing, signed by the employee and the Union agrees that Chief Xxxxxxx, and will be submitted to the members of the Union Grievance Committee will cooperate Supervisor. Grievancesshall be dealt with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within progressivelyinthe following manner: Step Within five (5) calendar work days of Company receiv- ing the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorilywritten grievance, the following steps in employee, with the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall Chief Xxxxxxx, may present the grievance to the Director Manager of Human Resources or Representative within ten (10) calendar days from the date Department, the grievance originatedSuperintendent and/or the Supervisor. The Company Representative responsible shall answer is expected to render its decision withintwo workdays, but, failingto do so, the Union may submit the grievance in writing within ten (10) calendar days after to the grievance was presentednext step. Step Two: Within ten (10) calendar fifteen 5)work days of receipt of the Union receiv- ing the decision under Step Onethe Union Presi- dent, and the Chief Xxxxxxx, with or without the Xxxxxxx, may present the grievance to the Man- ager, Human Resources or a designate, and the Manager of the Department, the Local Chairperson Superintendent and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of TowerSupervisor. The President and/or designated Management employee will arrange and chair a meeting of the interested parties Company expected to render its decision within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent full work days, but, failing to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both do so, the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of submit the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedurestep. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEStep

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure Employer agrees that grievances shall be adjusted or finalized as adjustedas quickly as possible. Every effort will Any employee shall have the right to the assistance of a Union Representative (or Stewards) if he or she so desires. Any grievance or dispute relating to the interpretation, applicationor alleged violation Agreement or the or conditions of employment as set forth herein, shall be made to settle disputes during dealt with in the early stage of the Grievance procedure. It is understood that following manner: STEP employee or employees having a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate or complaint shall first discuss it with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationshis or her supervisorwithin five (5) days after such grievance or complaint has arisen. The Company agrees that it immediate Supervisor shall not prevent the Committee give an answer within fortyeight (48) hours from properly fulfilling its obligations to investigate and settle grievancespresentationof such grievance or complaint. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, STEP Failing settlement after Step the employee with Representative, if so desires willor the Chief Xxxxxxx shall, within five (5) calendar days after the receipt of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall answer at Step present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair Department Head who shall render a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafterafter presentationof the grievance. Ifthe employee is not satisfied with STEP Failing settlement under Step the decisionmatter shall, may process case further, commencing at within five (5) days after the decision of Step Two be presented to the Hospital Administrator to be taken up between the the Chief Xxxxxxx and the Hospital Administratorwithin three (3) days of the grievance procedurepresentation of such grievance. Should At this meeting the employee Union Business Manager or his nominee may be exonerated, shall present if required by either Party. A decision must be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer HospitalAdministratorwithin three (3) days from such meeting. STEP Failing settlement under Step of any difference between the Company within Parties concerning the prescribed time limitsinterpretation, the grievance will application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be processed referred to Arbitration as provided in Article If Arbitration is to be invoked, a written request for Arbitration must be given to the next step of Hospital Administrator within five (5) days after the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision grievanceor has been dealt with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEStep

Appears in 1 contract

Samples: Letters of Agreement

GRIEVANCE PROCEDURE. The to All complaints or grievances arising under the provisions of this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized dealt with as quickly speedily and effectively as possible. Every effort will be made to settle disputes during If an employee, or one designated member of a group, has such a complaint the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate employee shall first consult with the Company in not conducting investigations in a manner which foreperson concerned who will unduly interfere with to resolve it. Should the Company's operations. The Company agrees that complaint remain it shall not prevent the Committee from properly fulfilling its obligations to investigate be deemed a grievance and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed dealt with as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall applyfollows: One: Step One The grievance shall be in writingreduced to writing and the written grievance shall state the specific grounds on which it is based. The Local Chairperson or Representative employee and a Committeeperson and/or xxxxxxx shall then present the grievance to the Director foreperson concerned but it shall be optional to the Company to decline to consider any grievance the alleged circumstances of Human Resources which occurred more than five working days prior to its presentation. In a case involving wages or Representative within ten (10) benefits, the employee have thirty calendar days from in which to lodge a grievance. The foreperson shall submit a written reply within two working days following his/her receipt of the date grievance. Step Two If the forepersons’ reply is not acceptable, the Committeeperson and/or xxxxxxx may appeal the grievance originatedto the Company Controller, not later than Iwo work days following receipt of said reply. The Company Representative responsible shall answer Controller will then deal with the grievance and, if war ranted, may convene a meeting between appropriate personnel and the Shop Committee. At such meeting a consultant may participate on behalf of the and the Union National Representative may speak for the Union. The aggrieved may be present if called by either party. Whether or not such a is held, the Company Controller shall render a decision in writing within ten (10) calendar five work days after the grievance was presented. Step Two: Within ten (10) calendar days of following his/her receipt of the decision under Step Oneappeal, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All unless this time limits are specified herein for the grievance procedure may be extended, but only is extended by mutual agreement and confirmed in writingconsent. In cases when an employee is investigated as a result of an alleged misdemeanor, Step Three If the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing Company Controller is not accept able, the Chairperson of the Shop shall, within two work days following receipt of decision, notify the Company President in writing within three (3) calendar that the grievance is unresolved. Within seven work days thereafterfollowing receipt of such notification the Company President or the Company President’s representative shall arrange a meeting between the appropriate Company and Union representatives to discuss and attempt to resolve the grievance. Ifthe employee is not satisfied Within five work days following such meeting the Company President shall furnish the Chairperson of the Shop Committee with the decisionCompany’s of ‘the grievance, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE.

Appears in 1 contract

Samples: Memorandum of Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early Corporation accepts a two stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters procedure and the Union agrees that Committee (maximum 3 members designated by the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsDistrict Representative) to attend meetings. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar Step Within fifteen days from the date of the incident the grievance originatedwill be presented in writing at Stage In the event of a time claim, the fifteen days will begin from the date of rejection of the Time Claim. The Company Representative responsible shall answer appropriate manager or party hearing the grievance will arrange, if necessary, a meeting to discuss the issue and will respond in writing within ten (10) calendar days after from the date of receiving the grievance. Step After receiving the Stage I reply, the Union may advance the grievance was presentedwithin thirty days to review the response at Stage I and if deemed necessary advance the grievance to The General Manager or party hearing the grievance will arrange a meeting at which time the Union District Representatives (maximum 3 members) will be present. Step Two: Appropriate management personnel may be present. The party- receiving the grievance will have thirty days from the-date of receiving the grievance to review the and respond in writing. A grievance not progressed with the time limits specified shall be dropped and shall not be subject to further appeal. A grievance in which a decision is not rendered by the designated officer of the Corporation at Steps I and II within the time limits specified in such steps, shall be considered settled in favour of the employee concerned and the Union. A settlement under such circumstances shall not constitute a precedent or waiver of the contentions of the Corporation in such matters. Within ten (10) calendar thirty days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A Stage II written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance may be advanced to arbitration. The Arbitrator shall be mutually agreed to; failure to agree, the Minister of Labour will be considered requested to have been droppedappoint an arbitrator. Where a decision with respect to such a grievance is not rendered by the appropriateofficer The expenses of the Company within the prescribed time limits, the grievance Arbitrator will be processed to the next step of the grievance procedureshared equally. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time Time limits as provided under this Article will apply equally to grievances originating with the Company and may can be extended by mutual agreement in writingagreement. Where The grievance procedure will the term “calendar days” is used, Saturdays, Sundays and holidays are excludedUnion's right to initiate a policy grievance at Stage II. ARTICLEEither party will have the right to require the to be present at any stage of the grievance

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters Company and the Union agrees recognize that grievances may arise concerning: Differences between the members parties respecting the interpretation, application, operation, or any alleged violation of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsprovision of this Agreement. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged Dismissal, discipline, or suspension of an employee bound by a group of employees and be processed as an individual grievancethis Agreement. An employee who believes is discharged, suspended, laid off or transferred from employment has been or is the right to file a grievance with the Company through the Union. The grievance must be filed within seven days of its occurrence subject to the procedure outlined herein, and failure to do so will result in the grievance being unjustly dealt withdeemed to be abandoned. Where the employee has a grievance, other than those contained in above, while working on board a vessel, must present the written grievance on a Standard Grievance Form (if available) to the Manager of the Marine Operations (Captain), Chief Engineer, Manager of Passenger Services, or that any provisions Manager of Duty Free, as the case may be, or their respective designates, with a copy to the ship's delegate within seven days of its alleged occurrence. Should the circumstances leading up to the grievance occur while on approved time off, the seven day time limit will commence employee is made aware of the Collective Agreement have not been withfacts. Upon request of the employee, the employee Ship's delegate shall assist in the grievance procedure. shall not be subject to discipline for assisting the griever in the grievance procedure, provided such assistance does not interfere with Representative, if so desires will, within five (5) calendar days the operation of the alleged violation bring this ship. The Manager of Marine Operations (Captain), Chief Engineer, Manager of Passenger Services, or Manager of Duty Free shall acknowledge receipt and reply in writing to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative griever within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar seven days of receipt of the decision under Step Onegrievance. If settlement is not achieved upon receipt by the griever of the Manager of Marine Operations' (Captain), Chief Engineer's, Manager of Passenger Services', of Manager of Duty Free's reply, the Local Chairperson and/or griever shall submit the Accredited Representative may appeal the case grievance to the President and/or designated Management employee of TowerUnion immediately. The President and/or designated Management employee will arrange and chair a meeting Within fourteen of the interested parties within fifteen Manager of Marine Operations' (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days Captain's), Chief Engineer's, Manager of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee Passenger Services' or Manager of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanorDuty Free's reply, the Director Representative of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on submit the employee's file. Any discipline assessed will be imposed without delay. In case duly completed Standard Grievance Form to the main office of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in questionCompany. Within three (3) fourteen days of such discussiont h e date t h e grievance is submitted by t h e Union t o t h e Company office, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with t h e Company s h a copyl l reply i n writing. Unless the nature of the offense warrants it, the employee will not A meeting s h a l l be held out within fourteen days of service pending disciplinet h e reply, as per Article above, prior t o t h e grievance 'being referred t o a r b i t r a t i o n . When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a I f t h e grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When s e t t l e d a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitst t h i s meeting, it shall m u s t then be considered dropped. When the appropriate officer of the Company fails to render referred t o a decision with respect to such r b i t r a claim for unpaid wages t i o n within the prescribed time limits, the claim will be paidfourteen days t h e r e a f t e r . The application Union s h a l l also have t h e r i g h t t o submit a grievance i n writing t o t h e Company on behalf of this rule shall not constitute an interpretation a l l t h e employees i n t h e bargaining u n i t or a group or category thereof within fourteen days of the Collective Agreementt h e occurrence giving rise t o t h e grievance. The time limits I n both t h e s e instances above, t h e Company s h a l l reply t o t h e grievance as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEper Article

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted If an employee has a grievance or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere dispute with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the parties agree to the following procedure: STEP The aggrieved employee with Representative, if so desires will, shell bring the matter in writing to his immediate supervisor within five (5) calendar working days of the alleged violation bring this occurrence of the grievance. A discussion must take place between the supervisor and the employee accompanied, if he so desires, with his Union Committee Member, within two (2) working days. The supervisor shall render his decision in writing within two (2) working days following such discussion. STEP Should the supervisor's response be unsatisfactory to the attention of Supervisor. After discussion with Supervisor, if the matter shall be brought up i n writing to the Plant Manager's attention within five (5) working days following STEP The Plant Manager shall then convene a meeting including the and the Union grievance committee to discuss the matter. He should render his decision in writing within five (5) days after such meeting. STEP In the event that the grievance is not settled satisfactorilyto the five employee's satisfaction, the following steps matter should be referred in writing within working days, to the Grievance procedure Company s Labour representative and the business representative to be discussed with the parties involved. The parties shall apply: One: The grievance communicate within a reasonable period of time to resolve the grievance. Should there be no agreement, the matter shall be in writing. The Local Chairperson or Representative shall present the grievance referred to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance arbitration in writing within ten (10) calendar working days after following the grievance was presentedsaid communication. Step Two: Within Arbitration In the notice the other party, the party requesting arbitration must submit a list of names of individuals that it proposes to act as a sole arbitrator. The other party has ten (10) calendar working days of receipt t o either agree to one of the decision under Step Onenames submitted or submit its own Should there be no agreement in the choice of a person to act as the arbitrator, the Local Chairperson and/or Federal Minister of Labour will be requested to appoint one. The jurisdiction of the Accredited Representative may appeal the case arbitrator shall be restrained to the President and/or designated Management employee of Towerterms and conditions spelled out in this collective agreement. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written arbitrator's decision shall be rendered within fifteen (15) calendar days binding upon all parties concerned. The cost of hearing the appealarbitrator shall be shared equally by the parties. Three: Should the Accredited Representative disagree with the decision stated in Step Two, Each party shall pay their own costs. No matter may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal be submitted to arbitration which has not been carried through all steps outlined in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exoneratedHowever, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excludedagreement. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree It is the mutual desire of the parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized 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 registered within ten days of the alleged circumstances coming to the knowledge of the employee. Every effort 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 sequence : Step No. 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 writing not later than five (5) full working days following receipt of the grievance. Failing settlement, then: Step No. After receipt of the written notice referring the grievance to Step No. a meeting will be made to settle disputes during arranged (if mutually agreed, the early stage meeting can be waived) between the aggrieved employee, an accredited representative of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members Union, and the Local Manager or another representative of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, reply in writing within five (5) calendar full working days of following this grievance meeting. If the alleged violation bring this grievance is not satisfactorily resolved at Step No. including any question as to whether a matter is the grievance may be referred to arbitration as provided in Article by notice in writing to the attention of SupervisorCompany after the Company’s reply at Step No. After discussion with Supervisor, if the matter If no written request for arbitration is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative received within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar fourteen days after the grievance was presenteddecision in No. Step Two: Within ten (10) calendar days of receipt 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 decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee steps of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure or under Article Any and all time limits fixed by this Article and Article may at any time be extended, but only extended by mutual agreement between the Company and confirmed in writingthe Union. In cases when an employee is investigated as a result All decisions arrived at between the representatives of an alleged misdemeanorthe Company and the Union be final and binding upon the Company, the Director of Union and the related department employee or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal documentemployees concerned. An employee who had completed probationary period will not be has been disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, by the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days will have such disciplinary action removed from his records after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removedprovided that during such period no similar incident or of like nature occurs. The Union or the Employer may file a policy grievance in appropriate circumstances. A copy policy grievance is defined as a difference concerning the interpretation, application, and administration of all such entries this Agreement. A policy grievance or documents a discharge grievance shall be sent to initiated in writing at Step No. of the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three grievance procedure within five (35) full working days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature notice of the offense warrants itact causing the grievance. ARTICLE When either party submits a grievance to arbitration, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one as provided in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative Article written notice shall be given in writing a complete list to the other party formally, stating the subject of the charges against grievance and any evidence to substantiate those charges known to the Company Agreement clause allegedly violated, and at the same time when notified nominate an arbitrator. If the recipient of the hearingnotice does not agree with the nomination, the parties will meet forthwith and attempt to select an alternative. At If the hearing parties fail to agree on the Company selection of an arbitrator, the Federal Minister of Labour will be requested to make the appointment. As soon as the arbitrator is appointed, he shall present all convene a meeting to hear the evidence available witnesses and representations of both parties, and shall render a decision as soon as possible. No person shall be selected as an arbitrator who has been directly involved in attempts to negotiate or evidence to support their charges and settle the employee may present available evidence or witnesses to support casegrievance. The employee must also No grievance shall be represented considered by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two arbitrator unless it has been properly carried through all previous steps of the grievance procedure, except where otherwise noted. Should The arbitrator shall not have jurisdiction to alter or change any of the employee be exoneratedprovisions of this Agreement, or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement. The fees and expenses of the arbitrator shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed one-half by the CAW within Company and one-half by the prescribed time limitsUnion. It is understood that the Company may bring forward at any meeting held with the Union, the any complaint or grievance will be considered to have been dropped. Where a decision with respect to the conduct of the officers, committeemen, employees generally, or any matter concerning this agreement, and if such a complaint or grievance is not rendered by settled to the appropriateofficer mutual satisfaction of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsconferring parties, it shall may be considered dropped. When the appropriate officer of the Company fails referred to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits arbitration as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEArticle

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The (a) Any dispute, grievance or misunderstanding (hereinafter called "grievance") involving occupational classification, wages, the benefits plans, seniority, hours of work or other working conditions which any employee or group of employees may desire to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate discuss and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere adjust with the Company's operations, shall be handled in accordance with the provisions of this Article. While an employee may discuss a grievance with foreperson at any time, a request for retroactive adjustment need not be entertained by the Company unless the grievance is presented in writing within thirty (30) days of the date of the incident which gave rise to the grievance. Any grievance shall be deemed to have been withdrawn if, after a written decision has been given at either step or step more than thirty (30) days have elapsed before the grievance is carried to the next step. The Company agrees that employee shall first take up grievance directly with the foreperson of department. If the matter is not resolved by the foreperson, it shall not prevent be handled as follows: Step The employee may report the Committee from properly fulfilling its obligations matter to investigate the xxxxxxx designated to represent group, who, together with the employee may take up the matter with the foreperson and settle grievances. The Grievance Procedure shall apply equally at the same time present to grievances lodged by the foreperson a group written summary of employees and be processed as an individual the grievance. An If the written decision of the foreperson does not settle the matter to the satisfaction of the employee who believes has been or is being unjustly dealt with, or that any three (3) regularly scheduled working days of the employee have elapsed since the grievance was submitted under the provisions of the Collective Agreement have not been withthis step, the employee with Representative, if so desires will, within five (5) calendar days and the xxxxxxx may: Step Submit the grievance to the appropriate Manager or appointee. If the written decision of the alleged violation Manager or appointee does not settle the matter to the satisfaction of the employee or fourteen (14) days have elapsed since the grievance was submitted under the provisions of this step, the xxxxxxx may: Step Submit the grievance in writing to the Union Bargaining Committee which may bring this the matter to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, Site Manager by presenting to or appointee the following steps in written statement of the Grievance procedure shall apply: One: The grievance shall be in writinggrievance. The Local Chairperson or Representative shall present Union Bargaining Committee may then discuss the grievance with the Site Manager or appointee at a time to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examinationagreed upon. A written decision shall be rendered within fifteen (15) calendar days may attend the discussion of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer mutual consent of the Company within and the prescribed time limits, Union. If the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEof

Appears in 1 contract

Samples: Memorandum of Agreement

GRIEVANCE PROCEDURE. The purpose of this Article is to this Agreement agree that all steps a procedure for the orderly settlement of grievances. grievance shall be taken considered to assure exist when it is that grievances there is a violation of this agreement interpretation, application or failure to comply with terms thereof. It shall be adjusted or finalized as quickly as possibleoptional with the Company the Union to consider any grievance, the alleged which occurred more than to its written presentation. Every When a grievance arises, xxxxxxx effort will shall be made to settle disputes during it by the early stage the employee concerned, and the Union, and it shall handled in the Steps as hereinafter provided. Step No. - Anyregular employee has a grievance shall present the to h Supervisor and will be accompanied by a Xxxxxxx. shall state his decision verbally within working days of such meeting. If this verbal does not satisfactorily adjust the grievance, it may appealed to Step following. Step NO. Notice of appeal must made withinseven in writing, in triplicate, on forms supplied by the and signed by the aggrieved employee and two of the Grievance procedureCommittee. It is understood that a reasonable amount of time may shall be spent by members dated showing the date of the Union Grievance Committee in order grievance, particulars of giving rise to investigate and participate in grievance matters and the Union agrees that grievance, the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions Article Section of the Collective Agreement alleged to have not been withbe violated, the date of the submission, as well as corrective action requested of the Company, and shall t presented to Divisional Management (in the case of Gas Supply, Gas Supply Management] designated to handle Step Within five (5)working days of receipt of the appeal or within any agreed upon extension, Divisional Man- agement (in the case of Gas Supply, Gas Supply designated to handle Step will meet with up to two (2) members of the Grievance Committee in an attempt to resolve the grievance. A written decision shall given by Divisional Management (in the case of Gas supply, Gas Supply Management) designated to handle Step within five (5) working days of the date of such If this written decision does not satisfactorily the grievance, it may be appealed to Step following. Step No. Notice of appeal must be in writing by dating andsigning the grievance forms within ten (10)working days from the written decision of Divisional Management (in the case of Gas Supply, Gas Supply Management) or their designate, through the Employee and Labour Relations, setting forth the areas or points of disagreement within the Step written decision. The Manager, Employee and Labour Relations, will arrange a Management Committee to meet with up to two (2) members of the Grievance Committee and the Local President, or Bargaining Unit Chairperson, or designated alternate, within seven (7)working or a time mutually agreed upon. The two committees jointly will discuss the grievance and may request the attendance of any person or persons interested or involved. The Management Committee will render its in writing within seven (7) working days from the date of such meeting to the Local or Bargaining Unit. If the Committee's decision does not bring about a satis- factory settlement, the grievance may be referred by either party to arbitration as provided for in Article Should a regular employee with Representativeclaim he has been unjustly discharged and wishes to seek re- dress under the grievance procedure, if so desires willhe must p. such grievance, in writing, within five (5) calendar days of hi. discharge and may do so at Step of the alleged violation bring procedure. Failure by the Company to reply to within the time limits provided in this to the attention of Supervisor. After discussion with Supervisoragreement, if the matter is not settled satisfactorilyor any agreed upon extension, the following steps will result in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be xxxx- xxxxx being processed to the next step of the Step within grievance procedure. When An employee and/or Xxxxxxx shall the permission of his Supervisor before interrupting or leaving his work to deal with a written grievance based on a claim for unpaid wages is grievance. will not progressed by the CAW within the prescribed time limits, it shall be considered droppedarbitrarily or unreasonably withheld. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under In this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar only, when working days” is used, Saturdays, Sundays and recognize holidays are excludedshall not be included. ARTICLEARTICLE N Where a difference arises between the parties relating to the interpretation, application or of this agreement, including any questions to whether a matter is arbitrable, or where an is made that this agreement has been violated, either party may after exhausting any grievance pro- cedure established by this agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party's appointee to an Arbitration Board and shall be to the other within thirty (30)days of the reply Step of the Grievance Procedure. The recipient shall, within ten (10)working days advise the other of the name of its appointee to the Arbitration Board. The two appointees so selected shall a third person who shall be the Chairman. If the recipient party fails to appoint its members or if the two fail to agree upon a Chairman, the appoint- ment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board. No person may be appointed who has been involved in an attempt to negotiate or the grievance. The Board of Arbitration shall not power to alter or change any of the provisions of agreement, nor to substitute any new provisions for existing provisions, nor to give any decision with the terms and provisions of this agreement. Where a grievance resulting from a charge or suspensionwhich is filed under is no settled and duly comes before an arbitration board, the board may make a ruling:

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The parties to this Agreementare agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violation of the Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort No grievance shall be considered where the circumstances to more than five full working days before the filing of the grievance. Permanent incentive standards established by the Company will be made subject to settle disputes during the early stage griev- ance procedure until the operator performs the operation against the incentive standard for a period of days. Any dispute with regard to the incentivestandard will only beconsidered if a grievance is submitted within5 working days following the expiration of the Grievance proceduretrial period. It If an incentive standard is understood that changed as a reasonable amount result of time a grievance, the change will be retroactive to the effective date of the permanent standard. Provisional incentive standards issued will be dated and if not revised will become permanent eighteen (18) months after issue. Provisional standards may be spent by members grieved after (25) working days of issue. If a provisional standard is changed as a result of a grievance, the change will be retroactive to the date twenty-five (25) working days prior to the date of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An Subject to section grievances properly aris- ing under this Agreement shall be adjusted and settled as follows: Prior to submission of a grievance in writing, any employee who believes that he has been or is a justifiable complaint shall discuss and attempt to settle it with his Supervisor with his departmental xxxxxxx being unjustly dealt with, or that any provisions present. The Supervisor will make known his decision within two (2)working days. This shall be deemed as Step of the Collective Agreement have grievance procedure and must be adhered to. If an agreement cannot been withbe reached between the employee, xxxxxxx and Super- visor, the employee with Representative, if so desires willcomplaint may be treated as a formal grievance and appealed to Step At this the grievance must be submitted in writing on grievance forms supplied by the Union, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar working days from the date of receiving the grievance originatedStep answer, to the applicable Supervisor. The Company Representative responsible shall answer grievance will slate the grievance in writing within ten (10) calendar days after violation and the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examinationarticle violated. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree meeting with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement Distribution Manager or Plant Manager and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will Union’s chief xxxxxxx xxxxxxx be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by . At this meeting the Local Chairperson and may be present at the Company, without request of either party. A decision in writing shall be rendered within two (2)working days. Failing at level the holding of a hearing. The employee must grievance may be notified at least one processed lo Within five (15) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of days from receiving the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsanswer, the grievance will be considered submitted to the Within ten working days: such time as agreed between parties, a with the Director of Corporate Human Resources, Vice-president ofManufactur- ing or Distribution (or a designated alternate), Dis- tribution Manager or Plant Managerand the Union (President, Chief Xxxxxxx, Steward, will take place discuss and attempt to settle the grievance. The International Representa- tive of the Union will attend this meeting. A to the International Representative, local Presi- dent and chief xxxxxxx. If the grievance is not resolved this point the procedureand it is one which concerns the interpre- tation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to an Arbitrator as provided in Article at any time within ten working days after the Manage- ment Grievance Committee’s decision. If no such written request for arbitration is received within the time limit, then it shall be deemed to have been droppedabandoned. Where a decision with respect to such a grievance It is not rendered by the appropriateofficer agreed that any of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this specified in Article will apply equally to grievances originating with the Company and Clause may be extended by mutual agreement between the parties. Grievances not presented the Company in writingkeep- ing with the time limits specified in Article Clause or not carried to the next step within the time limits specified shall be deemed to have been abandoned and may not be raised except by mutual consent of the parties. Where by the term “calendar days” is usedCompany to answer a grievance obtain an extension within the time limits speci- fied, Saturdaysthe Union may advance such grievance to the next step, Sundays up to and holidays are excluded. ARTICLEincluding arbitration.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The Should any alleged grievance arise as to the interpretation and application of the provisions of this Agreement agree that all steps Agreement, such grievance shall be taken processed within ten 0) working days after the circumstances giving rise to assure that grievances the grievance have originated or occurred, in the following manner and sequence: FIRST STEP: SECOND STEP: Between the aggrieved employee, with or without the Shop Xxxxxxx, and his supervisor. The decision of the Supervisor shall be adjusted or finalized as quickly as possiblegiven within three working days following presentation of the grievance. Every effort Failing settlement, then Within three (3) working days following the decision under the first step a meeting will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of held between the Union Grievance Committee in order to investigate and participate in grievance matters and/or Union Representative and the Union agrees that the members of the Union Grievance Committee Operations Manager. A decision under this step will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, given within five (5) calendar working days following such meeting. The grievance will be presented in writing at this step by the grieving party. Failing settlement, then If the grievance remains unsettled, then within ten working days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step Onethe second step the grievance shall be referred to a Board of Arbitration as provided herein. The term "working days" for purpose of this Article shall not be deemed to include Saturdays, Sundays and Paid Holidays. The Company agrees to recognize a Grievance Committee which the Local Chairperson and/or Union will elect from among the Accredited Representative may appeal Shop Stewards. The number of members on the case committee shall be agreed upon between local management and the Union. A list of Grievance Committee members shall be furnished to the President and/or designated Company. Grievance meetings with the Grievance Committee shall be conducted at times suitable to the operation of the business, by arrangement between Company Management employee of Towerand Chief Shop Xxxxxxx. The President and/or designated Management employee Company will arrange and chair a meeting pay members of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt Grievance Committee at their regular rates for time spent at meetings of the written advanceGrievance Committee with Management representatives during regular working hours. If an employee, will respond within ten calendar days if decides to change who has completed the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extendedprobationary period, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of has an alleged misdemeanorgrievance that he has been unjustly discharged, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, he shall notify the Company shall not inscribe on through the record of any employee any complaint lodged more than fifteen (15) days after the incident Grievance Committee within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by days after the Local Chairperson and date of separation stating the Company, without the holding reason of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known objection to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges discharge and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered commencing with the second step of section of this Article. Should any grievance arise directly between the Company and the Union as to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer interpretation and application of the Company within the prescribed time limitsprovisions of this Agreement, the grievance will shall be processed taken up commencing at the second step of section of this Article. Pending settlement of any grievance, the aggrieved employee shall perform the duties assigned to him. Before leaving his job or his department in connection with any grievance, a Shop Xxxxxxx or member of the Grievance Committee must first obtain permission from the Supervisor of his department. Should the grievance require such Xxxxxxx or member of the Grievance Committee to go into another department, he must first report to the next step person in charge of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEdepartment.

Appears in 1 contract

Samples: Articles of Agreement

GRIEVANCE PROCEDURE. The to A grievance exists when the Association or an employee has a complaint or dispute regarding any term or condition of employment provided for in this Agreement agree that all steps agreement. Employees who have completed their initial probation shall be taken free to assure that present grievances in the prescribed manner, and shall be adjusted assured freedom from discrimination, coercion, restraint or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee reprisal in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle presenting grievances. The Grievance Procedure of Termination. A grievance regarding the termination of an employee shall apply equally to grievances lodged by a group of employees and be processed as an individual grievancefiled at Step 3. An employee who believes has been terminated and filed a grievance on such action in accordance with the procedures in the Agreement shall be considered suspended without pay or is being unjustly dealt with, or that any provisions benefits until all Steps of the Collective Agreement procedure have not been withfollowed. If the employee is reinstated, the employee with Representativeshall not be subject to any loss of pay, if so desires willbenefits, within five (5) calendar days or seniority, except as may be agreed upon by the parties or ordered by an arbitrator. Employees in their initial probation shall not have the right to grieve dismissal. Employees in their initial probation may, through the Association, file a grievance on other matters at Step 1 and appeal to Step 2, but the decision of the alleged violation bring this department director is final and not subject to the attention of Supervisorfurther appeal or arbitration. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps An employee should make an attempt to resolve all problems which arise in the Grievance procedure shall apply: One: The grievance shall workplace with the Borough. Such efforts should be in writing. The Local Chairperson made on an informal basis by the employee alone or Representative shall present with the grievance to the Director assistance of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt a representative of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal documentAssociation. An employee who had completed probationary period will not be disciplined has informally discussed his problem with the Borough and still has a grievance shall follow the following formal grievance procedure. The employee shall have the right to representation by the Association in excess all formal steps. The Association shall serve as the exclusive bargaining representative of all employees covered by this Agreement and shall have the right to enter into a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record final and binding resolution of any employee grievance at Step 1, or at any complaint lodged more than fifteen (15) days after time thereafter. If the incident within grievance is outside the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature jurisdiction of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be first-line non-represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitssupervisor, the grievance will be considered to have been droppedinitiated at Step 2 within the same time limits set out for Step 1. Where a decision with respect to such a grievance is not rendered by However, if the appropriateofficer Borough determines that some or all of the Company issues are within the prescribed time limitsjurisdiction of the first-line non-represented supervisor, it may refer the grievance will be processed to the next step of the grievance procedure. When that supervisor for a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEStep 1 response.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or violation of this Agreement agree that all steps shall be taken including any question as to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedurewhether a matter is arbitrable. It is the mutual desire of the parties hereto that complaints of employees be adjusted as as possible and it is understood that an employee has no grievance until he has first given the employee's immediate supervisor the opportunity of adjusting the employee's complaint. If an employee has a reasonable amount of time may complaint, such complaint shall be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate discussed with the Company in not conducting investigations in a manner which will unduly interfere with employee's immediate supervisor within ten (10) days after the Company's operationscircumstances giving rise to the complaint have originated or occurred. The Company agrees that it shall not prevent If the Committee from properly fulfilling its obligations immediate supervisor is unable to investigate and settle grievances. The Grievance Procedure shall apply equally adjust the complaint to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within five (5) days following the decision of the immediate supervisor. A of an employee properly arising under this Agreement shall be adjusted and settled as follows: Step The employee must submit a written grievance, with the assistance of a Union xxxxxxx, if desired, signed and dated by the employee, to the employee's immediate supervisor. The nature of the grievance and the remedy sought should be set out in the grievance. The immediate supervisor will deliver the decision in writing within five (5) days after receipt of the grievance writing. Failing settlement, the next step in the procedure may be taken. Step Within five days following the decision under Step the employee must submit the written grievance to the Department Head (or his designate), or where the Department Head is the immediate supervisor, then the appropriate senior director will receive the grievance. In a nursing the Director of Nursing or the employee's designate will receive the grievance. The appropriate above referred-to person will deliver a decision in within five (5) days of the alleged violation bring this employee's receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a and place suitable to both parties. Such meeting shall be with the Grievance Committee. Failing settlement, the next step in the grievance procedure may be taken. Step Within five (5) days following the decision under Step the grievance be submitted to the attention of Supervisor. After discussion with SupervisorExecutive Director (or his designate), if to be discussed at a meeting between the matter is not settled satisfactorilyExecutive Director (or his designate), the following steps in and the Grievance procedure shall apply: One: The grievance shall be in writingCommittee, including the within five (5) days of receipt of the grievance. Either party may have assistance from outside the at the meeting if desired. The Local Chairperson Executive Director (or Representative his designate), shall present give his written disposition within five (5) days of the grievance to date of the Director of Human Resources meeting or Representative within ten (10) calendar days from of submission at the date third step if no meeting is held. Failing settlement, either party may submit the grievance originated. The Company Representative responsible shall answer the grievance in writing matter to arbitration within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written Mitten reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEgiven.

Appears in 1 contract

Samples: And Its Local

GRIEVANCE PROCEDURE. The In the event a grievance arises on a vessel of the Company as to the interpretation or application of or in compliance with the provisions of this Agreement agree that all steps Agreement, including without limiting the generality of the foregoing, a grievance in respect to wages, hours of work or conditions of employment of any Officer, there shall be taken to assure that grievances no interruption or impeding of work, and the parties shall be adjusted or finalized as quickly as possible. Every effort will be made endeavour to settle disputes during the early stage grievance in the following manner: STEP ONE An Officer who believes he has a grievance must discuss that grievance with the Master, and if no satisfactory solution is achieved, he must submit that grievance in writing to the Master of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative vessel within ten (10) calendar days of its alleged occurrence. The Master must reply to the written grievance within ten (10) days of its receipt. If the Master is not living aboard or is not available, such grievance must be submitted directly to the Company within the same time limit of its alleged occurrence. The Company must reply to the written grievance within ten (10) days of its receipt. If no settlement is reached in Step One, the Guild representative acting on the Officer's behalf must within twenty (20) days from the date the grievance originatedMaster replied under Step One, meet with a Company representative in order to discuss the grievance, and if possible, to achieve a settlement. The Company Representative responsible representative shall answer render his decision in writing. STEP THREE If no settlement is reached in Step Two, either party may indicate its intention to proceed to arbitration by notifying the grievance in writing other party by registered mail within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two. Notwithstanding any other provisions of this Agreement, if the Company or any of its representatives fail or refuse to comply with any step or condition of the grievance procedure set out in subsection the Guild acting on behalf of an Officer, may within sixty (60) days advise submit the President and/or designated Management employee of Tower by letter of intention to appeal grievance at once to arbitration in the manner prescribed set out in Article The President and/or designated Management employee upon receipt subsection If there is a grievance which is the same for a number of Mates of a Company, such grievance shall be presented directly to a representative of the written advance, will respond within ten calendar days if decides to change Company involved. If no settlement can be reached between this representative and a representative of the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanorGuild, the Director matter may then be submitted to arbitration as per Step Three. The results of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee such arbitration shall be notified of anything inscribed binding on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against Guild and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied persons concerned with the decision, may process case further, commencing at Step Two of the particular grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEinvolved.

Appears in 1 contract

Samples: www.sdc.gov.on.ca

GRIEVANCE PROCEDURE. Stage An employee accompanied by a Union representative of his department or his delegate should present his grievance in writing to his xxxxxxx within twenty (20) days from the occurrence of the event giving rise to the grievance in an attempt to settle same. The xxxxxxx shall give the aggrieved employee a written answer within forty-eight (48) hours. Stage In the event the grievance is not settled to this Agreement agree that all steps the satisfaction of the employee in Stage the grievance shall be taken presented within forty-eight (48) hours to assure that grievances the Manager, Industrial Relations or his delegate after the receipt of the decision of Stage A meeting, if necessary, will be held at Stage and a decision in writing will be rendered by the Manager, Industrial Relations or his delegate within seventy-two (72) hours after the receipt of the grievance at Stage Stage If the grievance is not settled at Stage it shall be adjusted submitted in writing to the Plant Manager or finalized as quickly as possible. Every effort will be made to settle disputes during his delegate within (72) hours following the early stage decision of the Grievance procedureManger, Industrial Relations. It is understood that a reasonable amount The Plant Manager shall render his decision in writing within one hundred and twenty (120) hours following the receipt of time may the grievance at Stage A meeting shall be spent by members of held between both parties within such period and the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members may be accompanied by an accredited outside representative of the Union Grievance Committee Union. Dates and times of meetings will cooperate with be mutually agreed upon by both parties. Stage If the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter grievance is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall at Stage it may be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal submitted to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen twenty (1520) days after the incident within answer of the Tower comes Plant Manager at Stage Arbitration The parties will appoint an arbitrator selected in rotation from the list supplied by the Ontario Labour Management Arbitration Committee. A list of four arbitrators will be agreed upon and will be shown under a separate letter of intent signed by both parties. Any member of the panel of four arbitrators who, having been requested in his turn to the attention of Management. An employee act as arbitrator on an arbitration case and shall be notified unable to act as arbitrator, shall not again be requested to act until his name comes up again on the regular rotation of anything inscribed the panel. If none of the panel of four arbitrators are available within days of the decision to arbitrate and the parties cannot agree on record. Any formal which relates to an employee's conduct and which could be used for a suitable arbitrator, the purpose of administration of discipline appointment shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended made by the Local Chairperson and the Company, without the holding Minister of a hearingLabour for Ontario. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with arbitrator shall be final and binding on both parties, but the decision, may process case further, commencing at Step Two jurisdiction of the grievance procedure. Should the employee be exonerated, arbitrator shall be paid limited to deciding the matter at regular rate issue within the meaning of pay the existing provisions of the Agreement and in no event shall the arbitrator have the power to add to, subtract from, alter or amend this Agreement in any respect. Where an arbitrator determines that an employee has been discharged or otherwise disciplined by the Company for any time lost, cause and the record Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the employee arbitration, the arbitrator may substitute such other penalty for the discharge or discipline as to the arbitrator seems just and reasonable in all circumstances. It is agreed that each party shall pay the expenses incurred by their own representatives and that the expenses of the arbitrator shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed divided equally by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreementboth parties. The time limits as provided under specified in this Article will apply equally shall be deemed to grievances originating with the Company be exclusive of Saturdays, Sundays and those holidays mentioned in Article and may be extended by mutual agreement of the parties. Should an agreement occur at any stage of the grievance procedure, the decision arrived at shall be given in writingwriting and signed by both parties. Where Such settlement shall bind both parties. In the term “calendar days” event that an employee be discharged from his employment after the date of execution of this Agreement, and believes that his discharge is usedin violation of the provisions of this Agreement, Saturdayssuch discharge shall constitute a matter to be dealt with under the provisions of the Agreement respecting Grievance Procedure. Any such matter may be presented at the second stage of the Grievance Procedure within seven (7) days the date of such discharge and not otherwise. Before leaving the plant premises, Sundays any discharged or suspended employee shall be permitted to interview a duly elected representative of the Union at the time, privately for a period not to exceed thirty (30) minutes. The Union shall receive a copy of warning, suspension and holidays are excludeddischarge notices issued to an employee by the Company. ARTICLEIf an employee has a clear record for one (1) year, previous warning or suspension notices will not be used against such employee as evidence in arbitration cases, except for such serious offenses as theft of Company property or sabotage of Company property. SENIORITY General Definition Seniority shall mean an employee's length of service with the Company, and shall accumulate from the first day worked, but shall not come into force until a probationary period of four hundred (400) hours has been worked. New employees will undergo core health and safety training and workplace specific orientation during their first eighty hours of work. A member of the joint health and safety committee who is designated by the Union shall be permitted to meet for one hour with new within five

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The An employee who is discharged, suspended, or laid off his employment has the right to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that file a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with through the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, Union within five (5) calendar days of the alleged violation bring this its occurrence subject to the attention of Supervisorprocedure outlined herein. After discussion with SupervisorWhere the employee has a grievance while working on board a vessel or on leave, he must present his or her grievance on Standard Grievance Form (if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance avail- able) to the Director of Human Resources Captain or Representative Chief Engineer and the Company with a copy to the ship’s delegate within ten (10) calendar days from of the alleged occurrence. Upon request of the grieving employee, the ship’s delegate shall assist in the grievance procedure. He or she shall not be subject to discipline for assisting the griever in the grievance procedure, provided such assistance does not interfere with the operation of the ship. The Captain or Chief Engineer shall acknowledge receipt and reply to the griev- ance by completing and returning to the griever a duly completed Standard Grievance Form (if available) within five (5) days of receipt of grievance. If settlement is not achieved upon receipt by the griever of the Captain’s or Chief Engineer’s reply, the griever shall submit the Standard Grievance Form to the Union immediately with copy to the Company’s head There was no clause prior to December Within thirty (30) days of the Captain’s or Chief Engineer’s reply, the Union shall submit the duly completed Standard Grievance Form to the head office of the Company. Within thirty (30) days of the date the grievance originatedis submitted by the Union to the Company’s head office, the Company shall reply to the grievance. The Company Representative responsible Union shall answer also have the right to submit a grievance in writing to the repre- sentative of the Company on behalf of all of the employees in the bargaining unit or a group or category thereof within thirty (30) days of the occurrence giving rise to the grievance. In both these instances above, the Company shall reply to the grievance as per clause above. A labour management meeting shall be held between the Company and the prior to a grievance being referred to arbitration. Such meeting may be held by telephone conversation. If the grievance is not settled at the meeting referred to in clause of this Article, the grievance must be referred to arbitration within ten (10) calendar days after thereaf- ter. Due to the grievance was presented. Step Two: Within ten (10) calendar days of receipt location of the decision under Step Onevessels and the difficulty in getting information quickly, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All above time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writingextended upon request from either party. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period Agreement for extensions will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEunreasonably withheld.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 1. The purpose of the procedure set forth hereinafter is to procure prompt, equitable solutions to those problems which, from time to time, may arise and which affect the application or interpretation of the terms and conditions of employment covered by this Agreement agree contract. The Superintendent and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for grievance at the procedural level involved. Teachers and appropriate administrators, in each instance, shall firstly attempt to resolve any and all steps issues which, if not resolved, would be the basis of a grievance. LEVEL ONE: An aggrieved teacher, group of teachers, and/or the Association, shall present the grievance, in writing, to and shall confer with the Building Principal within twenty-five (25) days of the event giving rise thereto, or of the date the grievant first had or should have had knowledge thereof, or the same shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsdeemed waived. The Company agrees that it Building Principal shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by issue a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, written decision within five (5) calendar work days of the alleged violation bring this to conference. LEVEL TWO: If at the attention end of Supervisor. After discussion with Supervisor, if ten (10) days next following such presentation the matter is grievant shall not settled satisfactorilyhave been disposed of, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative grievant may, within ten (10) calendar days from after the date time when the Level One written decision is due, file such grievance originated. The Company Representative responsible shall answer with the grievance in writing Superintendent, who, within ten (10) calendar days after thereafter, shall meet with the grievant in an effort to settle the grievance was presented. Step Two: Within and render a decision thereon in wilting within ten (10) calendar days of receipt of thereafter. LEVEL THREE: If the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree grievant is not satisfied with the decision stated in Step at Level Two, may within sixty ten (6010) days advise thereafter the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advancegrievant may file an appeal, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, with the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident Superintendent, with all related parties prior copies simultaneously to the issuance of a formal documentAssociation and the Board. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged Not less than ten (10) nor more than fifteen (15) days after receipt of such appeal, the incident Board shall hold a hearing on the grievance. The hearing shall be conducted in Executive Session and within fifteen (15) days thereafter, the Tower comes Board shall render its decision, in writing. At such hearing there shall be presented to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct Board all prior decisions, recommendations and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent matters relating to the employee and to grievance. LEVEL FOUR: If the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee Association is not satisfied with the decisiondecision at Level Three, may process case further, commencing at Step Two the Association shall have ten (10) days to give written notice to the Superintendent of its election to present the grievance procedure. Should to arbitration; in such event, the employee be exonerated, shall be paid at regular rate of pay for any time lost, Superintendent and the record of Association shall select the employee shall be cleared of arbitrator from the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsfollowing panel: Xxxxxxx Xxxxxxxx, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limitsXxxxx Xxxxxxxxxx, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsXxxxx Xxxxx, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEor Xxxxx Xxxxxxx.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The Contractor shall refer any dispute/grievance in respect of any transgression and/ or penalty in terms hereof, in writing to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willGREHOA offices, within five 7 (5seven) calendar days of the alleged violation bring this to the attention of Supervisoroccurrence complained of. After discussion with Supervisor, if The GREHOA board shall discuss the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance and if need be consult with a practising lawyer and/or a building expert and their ruling shall be in writingfinal and binding on the parties. The Local Chairperson If no written objection to a fine or Representative shall present penalty is received by the grievance to the Director of Human Resources or Representative GREHOA within ten 48 (10forty eight) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten hours (10Saturdays, Sundays and public holidays excluded) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting imposition of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department fine or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitspenalty, it shall be considered droppeddeemed accepted and shall not be subject to review by the GREHOA. When SIGNED at on this day of 2009 THE CONTRACTOR: Name of person who warrants that he/she is duly authorised Name of Contracting Company SIGNATURE NHBRC Residential Unit Enrolment Certificate No. THE OWNER Name of person who warrants that he/she is duly authorised SIGNATURE GROOTVLEI RESIDENTIAL ESTATE HOMEOWNERS ASSOCIATION Name of person who warrants that he/she is duly authorised SIGNATURE Date Annexure A SECURITY RULES, REGULATIONS AND PROCEDURES (Subject to change as the appropriate officer need arises) The Contractor shall register each one of his workforce and vehicles at the GREHOA office prior to commencing building or related operations. The Contractor may be issued with scanning tag. All contractors, their agents, employees, workmen, sub-contractors, tradesman, delivery people, invitees and visitors are to enter through gate 3, sign all relevant documentation, leave identity documents of each worker and comply with any instructions given by security or a GREHOA board member, staff or agent of GREHOA, at the time of entry. ID documents are only used to confirm that everyone that entered the estate has exited the estate. The Contractor shall ensure that all delivery personnel and vehicles, at all times, adhere to the speed limits, security rules, regulations and procedures. The Contractor shall notify GREHOA office of any changes in its workforce and shall ensure that the necessary documents are issued in respect of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limitsnew workers before they will be allowed on Site. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Annexure B HEALTH AND SAFETY INDEMNITY To: GROOTVLEI RESIDENTIAL ESTATE HOME OWNERS ASSOCIATION (“GREHOA”) I/we, the claim will undersigned (“the Contractor”) Herein represented by who warrants that he is duly authorised to act herein on behalf of the Contractor hereby agree and irrevocably undertake: to keep you indemnified and hold you harmless against all or any loss, damage or costs, including but not limited to the costs of litigation should action be paidinstituted against you, arising from any breach of and or non-compliance with the Health and Safety Regulations applicable to construction and building work undertaken by me on the Estate. The application I further irrevocably undertake to take out and maintain, for the period during which I shall be building on the Estate, insurance against the risks (min R5 000 000) inherent in the construction and building work to be undertaken by me on the Estate, and to furnish the GREHOA with a copy of this rule the insurance policy before commencing with any building activities, failing which I shall not constitute an interpretation be allowed to commence/continue any building activities until I have done so. SIGNED at in the presence of the Collective Agreementundersigned witnesses on this day of 20 Contractor Sign Sign Witness 1 Sign Witness 2 Annexure C Site Induction Register I the undersigned acknowledge that I have been given site induction. The time limits This induction included being explained all the contractor rules and regulations contained in the contractor’s agreement, as provided under this Article will apply equally to grievances originating well as identifying all hazards on the building site with the Company controls to mitigate the risk of injury or damage and may be extended by mutual agreement in writingsafe working procedures while working on the site. Where I was offered the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEopportunity to ask questions regarding any points I did not understand.

Appears in 1 contract

Samples: Contractors Agreement

GRIEVANCE PROCEDURE. The to A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possibleagreement. Every An xxxxxxx effort will be made on the part of both parties to settle disputes during such a grievance promptly through the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as following steps: step an individual grievance. An employee who believes has been or is being unjustly dealt witha grievance, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, shall first take up grievance Su- pervisor within five (5) calendar working days of the alleged violation bring this to commission of the attention of Supervisoract originating the grievance. After discussion with Supervisor, if the matter If settlement is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative arrived at within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days (excluding Statutory Holi- days), unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses proceed to support caseStep No. Step grievance will be submitted in written form to the employee’s Superintendentor Supervisor by the employee and department xxxxxxx. The employee must also Superintendent or Supervi- sor will give decision in writing within six (6) work- ing days. Step appeal from that decision may be represented made in writ- ing within seven (7)working days by the grievance commit- tee. Both parties agree that upon request by either party for a grievance meeting that such meeting shall take place wi- thin ten working days. The local Union representation, and/or an accredited representative committee may be aug- mented by officers of the CAWUnion. The Company will render give its decision of the hearing in writing within three (3) calendar ten working days thereafterafter the date of such meetings. Ifthe employee is If the decision does not satisfied with the decision, may process case further, commencing at Step Two bring a satis- factory settlement of the grievance proceduregrievance, either party may refer it to Arbitration. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, The Company and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended Union by mutual agreement may waive the time limits provided above. An employee acquired seniority standing who claims has been unjustly discharged must submit grievance in writing. Where the term “calendar days” is used, writing to Company and such be taken within (48) hours (excluding Saturdays, Sundays and holidays are excludedHolidays) of discharge. Such grievance shall commence at Step No. of the grievance procedure and at that step may be settled by confirming the Compa- ny’s action in dismissing the employee, or by reinstating the employee with full compensation for the time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The Company and the Union endorse the principle of an orderly grievance procedure and the prompt handling of grievances and to this Agreement agree that all steps end will work within the procedure. Any difference between the Company and any seniority employee or the Union shall be taken up in the manner hereinafter set forth: Union representatives will make every effort to assure that grievances identify the alleged article violated and describe the dates, times, places, and people involved in the incident or occurrence being grieved, when practicable. If this information is not identified the grievance will be returned to the xxxxxxx for clarification. If this still does not result in obtaining the information specified above the grievance will be forwarded to the Plant President of the Union (Chairman) for completion. Time limits associated with this article will not commence until the grievance has been resubmitted with the appropriate information. The Company may refuse to consider any complaint, the alleged circumstances of which arose more than eight working days before it was referred to the supervisor. An exception to the above will be a complaint with respect to the employee’s amount of wages in which event this period be extended to twenty-one calendar days. Should any difference arise between the Company and any seniority employee or the Union, there shall be adjusted or finalized as quickly as possible. Every no stoppage of work on account of such differences, but an effort will should be made to settle disputes during such difference in the early stage following manner: Any complaint raised by an employee with his supervisor which is not settled within one full working day will, within a further period of two working days, be referred to his supervisor as a written grievance, which will be dated and signed by the employee. During any discussion of a complaint with the supervisor, the employee’s xxxxxxx will be present if requested by either the employee or the supervisor. Step Within eight working days following receipt of a written grievance the supervisor and/or such other persons as may be designated by the Company will meet with the employee and the xxxxxxx to discuss the grievance. Within three working days thereafter, supervisor or his designate will give a written reply to the grievance which shall be copied to the filing union xxxxxxx. Step If the reply of the Grievance proceduresupervisor is not satisfactory to the employee concerned, the grievance may within three working days following the date of the reply at Step be referred to the Manager, Employee Relations. It is understood that Once per month, at a reasonable amount of time predetermined date arranged between the parties, the Manager, Employee Relations and/or such other persons as may be spent designated by members the Company, will meet with the Union Committee to discuss the grievance. A full-time representative of the Union Grievance Committee in order to investigate and participate in grievance matters and Business Agent, etc.) will be present if his presence is requested by either the employee, the Union agrees that Committee or the members Manager, Employee Relations. Within five working days following this meeting the Manager, Employee Relations will give his written reply to the grievance. As used in this Article only, the term “working days” shall mean Monday to Friday inclusive. Any of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be allowance provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and above may be extended by mutual agreement consent of the parties involved, such extension of time to be in writing. Where If a grievance is to be referred to arbitration, it shall be done within fifteen working days following the term “calendar days” date of the reply at Step Failure to with time limits at Step unless extended by mutual consent will automatically result in a grievance proceeding to Step From: To: New 7 DISCHARGE CASES: An employee who has completed the probationary period and who is usedsubsequently discharged by the Company, Saturdaysmay submit a written grievance, Sundays dated and holidays are excludedsigned, to the Manager, Employee Relations, provided such grievance is submitted within three working days after the discharge occurs. ARTICLEGrievances relating to discharge may be settled by confirming the Company’s action, or by reinstating the discharged person with full compensation or by any other arrangement which is just and equitable. The Plant President of the Union (Chairman) shall be present when an employee is to be discharged. In the absence of the Plant President of the Union (Chairman) a designate shall be appointed to act on President’s behalf. Copies of all discharge letters shall be provided to the Plant President of the Union (Chairman). is understood that the Union will not move to nullify any discharge action if said documentation is not delivered in a timely fashion. From: To:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The (a) When an employee is to be notified of disciplinary action and/or undesirable behaviour, the employee will be advised that Union representation will be allowed if the employee so desires. Parties to this Agreement agree are agreed that all steps shall be taken it is of the utmost importance to assure that resolve grievances shall be adjusted or finalized and disputes in good faith and as quickly as possible. Every effort will The aggrieved employee may be made to settle disputes during the early stage pre- sent at any or all steps of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of grievance procedure if the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievancesemployee so desires. The Grievance Procedure shall apply equally to grievances lodged by be as follows: STEP NO. Employees who consider that they have a group of employees and be processed as grievance shall through or with their Union Xxxxxxx discuss the grievance with the employee's imme- diate supervisor. The supervisor shall give an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, oral decision within five (5) calendar regular working days following the day on which discussions com- menced. If this decision is unsatisfactory to the Employee or the Union, Step may be followed within two (2) regular working days of the alleged violation bring this supervisor's deci- sion. Notwithstanding the foregoing, where it is mutually agreed between the par- ties during the First Step discussion that the circumstances provoking the grievance can be reviewed most appropriately at Third Step, such a grievance may then be submitted directly in writing to Third Step within five (5) regular working days of the commencement of the discussions. STEP NO. The Union Xxxxxxx shall reduce the Grievance to writing and refer it to the attention of SupervisorDepartment Head. After discussion The Union Xxxxxxx shall discuss the grievance with Supervisorthe Department Head and the immediate supervisor involved. The Department Head shall within five (5) regular working days following the day the grievance was submitted to the Department Head, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be render a deci- sion in writing. The Local Chairperson or Representative shall present the grievance If this decision is not satisfactory to the Director of Human Resources employee or Representative the Union, Step may be followed within ten two (102) calendar days from the date the grievance originatedregular working days. STEP NO. The Company Representative responsible Lead Xxxxxxx shall answer refer the grievance in writing within ten (10) calendar days after to the grievance was presented. Step Two: Within ten (10) calendar days of receipt Company through the Manager of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of TowerPersonnel Division. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of Within two (2) years and then removed. A copy of all such entries or documents shall be sent to regular work- ing days following the employee and to day the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairpersongrievance was submitted, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature Manager of the offense warrants it, the employee Personnel Division will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against arrange for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with conference between the Company and the Union to take place within ten regular working days following the day the grievance was submitted. The reply in writing shall be submitted to the Chief Xxxxxxx of the Union Committee with- in five (5) regular working days follow- ing the day on which the conference was held. If such reply does not con- tain a satisfactory settlement, then the grievance may be extended referred by mutual agreement either xxxxx to Arbitration as provided for in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEArticle

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A grievanceshall consist only of a dispute concerning interpretationof any clause in this Agreement, alleged violations of the Agreement and alleged abuses of discretion of supervision in the treatment of employees. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of those provisions, the question may be taken up through the Grievance Procedure and determined, if necessary, by arbitration. There shall be an xxxxxxx effort on the part of both Parties to settle such grievance promptly through the following steps: STEP -Any grievance of an employee shall first be taken up between such employee and his immediate supervisor. In Terminals where there are no supervisors, the Terminal Managerwill become involved at this Step, The employee will be entitled to this Agreement agree be accompanied by a xxxxxxx or Union representative. Time limit to institute grievances: Termination or lay-off Ten (10) days All others Thirty (30) days STEP Failing settlement under Step such grievance shall be reducedto writing and taken up between the Terminal Manager and a Shop Xxxxxxx or Local Union representative. STEP Failing settlement under Step such grievance shall be referred to and taken up between the Secretary or other bargaining representative of the Union and the General Manager or designate. Such written notice shall be within ten (10) days of the completion of Step Any questions, dispute or controversy that all steps is not of a kind subject to Steps and may be instituted at Step Such shall be submitted in writing and taken up between the Secretary or other bargaining representative of the Union and the General Manager or his designate. STEP Failing settlement under Step the grievance shall be taken up in presentation to assure that grievances shall be adjusted or finalized a Grievance Board hereinafter referred to as quickly as possiblethe "Board", consisting of two (2) Union representatives, selected by the Union and two (2) Company representatives, selected by the Company. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by All members of the Union Grievance Committee in order to investigate this Board shall have been duly appointed and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withso authorized, or that any provisions settlement arrived at by this Board of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The a specific grievance shall be in writingfinal and binding. The Local Chairperson or Representative shall present Except by mutual agreement between the grievance to Union and the Director Company providing for an extension of Human Resources or Representative time, Step must be completed within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under completion of Step OneEither Party may give notice to the other Party to waive Step and in such event Article No. shall apply, Should the Parties fail to reach a satisfactory settlement in any of the preceding steps, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The final settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered determined by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEarbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. An employee may present the grievance to the Committee and have such grievance heard without intervention by the Association provided the Association is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the Committee and the Association. Level One—The to this Agreement agree that all steps shall employee with a grievance will first discuss it with their principal or immediate supervisor with the object of resolving the matter informally. A representative of the Association may be taken to assure that grievances shall present. The grievance must be adjusted submitted within thirty (30) school days from the date of occurrence of the grievance or finalized as quickly as possiblethe date of first knowledge of the grievance by any party affected by it. Every effort A meeting will be made to settle disputes during held with the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters immediate supervisor and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate employee and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, his/her Association representative within five (5) calendar school days of the alleged violation bring this filing of the Grievance. Level Two—If, at the end of five (5) school days next following the Level One meeting r, the grievance is not disposed of to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorilyemployee’s and/or Association’s satisfaction, the following steps in employee and/or the Grievance procedure shall apply: One: The grievance shall be Association may submit the matter, in writing, to the Superintendent within five (5) school days. The Local Chairperson or Representative Superintendent, within eight (8) school days of receipt of the written grievance, shall meet with the aggrieved employee and/or the Association in an effort to resolve the matter. The Superintendent will respond, in writing, to the aggrieved employee and/or Association within five (5) school days following the meeting. Level Three—If the grievance is still unresolved, the employee and/or Association shall present the grievance grievance, in writing, to the Director School Committee within five (5) school days following the written response of Human Resources or Representative the Superintendent. The School Committee, at the next regular School Committee meeting, after receipt at a regular meeting of the written grievance, shall meet with the aggrieved employee and representatives of the Association in an effort to resolve the matter. Level Four—If the Association is not satisfied with the disposition of the grievance at Level Three, the Association may, by giving written notice to the Committee within ten (10) calendar school days from following the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step OneSchool Committee disposition, submit the Local Chairperson and/or the Accredited Representative may appeal the case grievance to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting American Arbitration Association for disposition in accordance with the applicable Rules of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision American Arbitration Association, provided, however, no grievance shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal submitted to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEthat:

Appears in 1 contract

Samples: Teacher Agreement

GRIEVANCE PROCEDURE. The to Grievanceswithin the meaning of the grievance and arbitration procedure shall consist only of disputes about the interpretation or application of particular clauses of this Agreement agree that all steps and about alleged violations of this Agreement. In the event of any dispute concerningthe meaning or application of any provision of this Agreement or a dispute concerning an alleged violation of this Agreement, there shall be taken to assure that grievances no suspension or disruption of work, but such dispute shall be adjusted or finalized treated as quickly as a grievance and shall be settled, if possible, by and the Union. Every effort will be made to settle disputes during In the early stage interests of expediting the procedures, the parties shall process grievances in following manner: PRELIMINARY DISCUSSION Disputes arising out of the Grievance procedureinterpretation or alleged violation of this Agreement shall, if possible, be settled by discussion between the employee his xxxxxxx and the employee's supervisor. It is understood that FIRST STEP If a reasonable amount dispute cannot be resolved by this method, the Accredited Union Representative for the Union may file a formal grievance on the prescribed form with the Manager of time may Construction or the Field Construction Manager. Such grievance shall be spent by members filed within fifteen (15) working days of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members alleged grievous act. Within ten (1O) working days of the filing of the grievance, the Manager of Construction or Field Construction Manager shall investigate the grievance and convene a meeting which he or the Accredited Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsRepresentative considers necessary to resolve it. The Company agrees that it Manager of Construction or Field Construction Manager shall not prevent give his reply on the Committee from properly fulfilling its obligations prescribed form to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, Accredited Union Representative within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar working days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under First Step Onemeeting. Copies of completed grievance forms signed by the appropriate parties shall be filed by the Manager of Construction or the Field Construction Manager with the General Manager of and by the Accredited Union Representative with the International Representative of the Union. If a First Step grievance meeting is considered appropriate, the Local Chairperson and/or Management Committee shall comprise the Accredited Representative may appeal the case to the President and/or designated Management employee Manager of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step TwoConstruction or Field Construction Manager, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guestsdesignates, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of plus two (2) years and then removedManagement officials, one (1) of whom shall be a representative of the Employer against whom the grievance has been filed. The Union Committee shall comprise the Accredited Union Representative plus two (2) additional Union officials. SECOND STEP If a dispute has not been resolved at the First Step of the grievance procedure, the Accredited Union Representative may refer the grievance on the prescribed form to Grievance Officer. Such grievances shall be referred within ten (1 O) working days after the disposition has been issued under the First Step of this procedure. A copy of all such entries or documents the grievance form shall be sent forwarded by the Accredited Union Representative to the employee International Representative of the Union. The Grievance Officer shall investigate the grievance and convene a meeting which he or the International Representative considers necessary to it and give his reply on the prescribed form to the Local Chairperson at the time any entry or document is placed on the file and both International Representative of the Union and within five (5) working days from the employee receipt of the grievance form which was completed at First Step. If a Second Step grievance meeting is considered appropriate, the Management Committee shall comprise the Grievance Officer plus two (2) other Management representatives, one (1) of whom shall be required to acknowledge receipt a representative of samethe Employer against whom the grievance has been filed. Any written reply from the The Union Committee shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within comprise three (3) days of such discussionpersons, including the employee will be notified of any discipline in writing International Representative and the Local Chairperson will be provided with a copy. Unless Accredited Representative for the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least plus one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited other representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEUnion.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage Alleged grievance of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Fire Department or the Executive Committee will cooperate of Local 2050 with respect to wages, rates of pay, hours, working conditions, or all other terms and conditions of employment, including this interpretation of this Agreement shall be handled in accordance with the Company in not conducting investigations in following grievance procedure: STEP 1: When an employee covered by this Agreement, and/or Local 2050, believes there is a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willgrievance shall be submitted in writing to the Executive Committee of Local 2050, within five fourteen (514) calendar days of its occurrence, where if justified and approved by the alleged violation bring this to the attention Executive Committee of Supervisor. After discussion with SupervisorLocal 2050, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative it shall present the grievance to the Director Chief of Human Resources the Department or Representative his/her designee. The Chief or his/her designee shall issue a written answer to the grievance within ten fourteen (1014) calendar days after receipt of said grievance, and such answer must contain a decision on the merits of the grievance. Should the Chief or his/her designee not respond within the time period set forth herein, it shall be presumed that the grievance has been denied. All grievances that are denied shall proceed to Step 2 if the Executive Committee of Local 2050 is in agreement to proceed forward. STEP 2: If the grievance is not settled at Step 1, it shall be presented in writing by the Union with any additional supporting material that has been approved by the Executive Committee, to the Town Manager, within fourteen (14) calendar days. The Town Manager shall give his written answer to the grievance to the Union within fourteen (14) calendar days. Should the Town Manager fail to respond within the time period set forth herein, it shall be presumed that the grievance has been denied and the grievance may proceed to the next step. STEP 3: If agreement cannot be reached via the methods set forth in STEPS 1 and 2, Local 2050 may request arbitration of the grievance in writing no later than fourteen (14) calendar days from and after the date response of the grievance originatedTown Manager is due. Local 2050 shall file a demand for Arbitration with the American Arbitration Association. The Company Representative responsible selection of the arbitrator and the conduct of the proceedings shall answer be governed by the grievance Voluntary Labor Arbitration Rules for the American Arbitration Association. WRITTEN PRESENTATION: All grievances presented in accordance with these procedures shall be submitted in writing within ten (10) calendar days after explaining the grievance was presented. Step Two: Within ten (10) calendar days of receipt time and date of the decision under Step Onegrievance, the Local Chairperson and/or provision(s) of the Accredited Representative may appeal agreement, if any, alleged to have been violated and remedy sought. All grievances shall be signed and dated by the case to the President and/or designated Management employee of Towerduly authorized Union representative. The President and/or designated Management employee will arrange and chair Fire Chief or the Town Manager may request a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the his /her duly authorized Union and the employee shall be required to acknowledge receipt representative. A duly authorized member of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee granted reasonable time off during working hours to investigate and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Companyseek to settle grievances, without the holding loss of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEpay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. The Employer and the Association agree important to this Agreement agree that all steps shall be taken to assure that adjust complaints and grievances shall be adjusted or finalized as quickly as possible. Every effort will The nurse, the Association or the Employer may present a complaint at any time without recourse to the forma: grievance procedure. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays as defined in Clause shall not be made to settle disputes during counted. At the early time formal discipline imposed or at any stage of the Grievance grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. It In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. A formal grievance shall be one having to do with the interpretation or alleged violation of this Agreement. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the of this Agreement on which the grievance based. A formal grievance must be filed within working days of the circumstances giving rise to the grievance. If the grievance is understood based on a charge that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes nurse has been or is being discharged unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, grievance must be filed within five (5) calendar days. The following shall be the procedure handling and processing nurse grievances submitted the nurse or the on her The individual nurse shall first discuss her complaint with the Association to determine its merit. The nurse and/or the Association will then submit the written cornplaint to the Supervisor who shall give her decision within five (5) working days of receipt of the grievance. If the grievance not satisfactorily settled at Step then the Grievance Committee may, within five ( 5 ) working days of the alleged violation bring this to receipt of answer of the attention of Supervisor. After discussion with Supervisor, (or if the matter no answer is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present received within five ( 5 ) working days after such answer ought to have been received) refer the grievance to the Assistant Executive Director of Human Resources or Representative who shall meet with the Grievance Committee within ten (10) calendar working days from of the date referral. The Assistant Executive Director shall render decision in writing within five (5) working days of such meeting. If the grievance originated. The Company Representative responsible shall answer not settled at Step the Association may refer the grievance to arbitration. Any difference arising between Employer and the Association concerning interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing by either party for consideration at a meeting of the Grievance Committee and the Representatives of the Employer. If such grievance cannot be resolved within ten (10) calendar working days after by discussion between the Employer and the Association such grievance was presentedmay be referred to arbitration. Step TwoNOTE : Within ten (10) calendar days of receipt Any of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and allowances may be extended by mutual agreement between the parties. Arbitration Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter arbitrable, or where an allegation made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party within ten (10) working days in writingwriting of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first appointee to an Arbitration Board. Where The recipient of the term “calendar days” is used, Saturdays, Sundays and holidays are excludednotice shall within five (5) working days inform the other party in writing of the name of its appointee to the Arbitration Board. ARTICLEThe two appointees so selected shall within five

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The It is the intention of the parties that this procedure shall provide a just and peaceful method of adjusting grievances and the parties agree to act in good faith in settlement of grievances in accordance with the provisions of this article. Any complaint, disagreement between the parties to this Agreement agree that all steps agreement which concerns the application or interpretation of the terms and provisions of this agreement shall be taken considered a grievance. Any employee, the association executive or the EMPLOYER may present a grievance. Any party desiring to assure that grievances submit the grievance submit a written statement of such grievance to the EMPLOYER within ten working days after the act which prompted such grievance or the date of discovery thereof. Any grievance submitted after such date shall be adjusted null and void. The grievance shall thereafter be processed in accordance with the following steps, time limits and conditions herein set forth: Step The grievance shall first be taken up with the chief dispatcher or finalized as quickly as possiblethe assistant in that order. Every effort will The chief dispatcher or the assistant manager shall, within four working days after of such grievance, give written answer to such grievance. Step In the event the grievance is not settled in the manner set forth in Step 1 , the ASSOCIATION may appeal it by giving written notice of such appeal within seven working days after receipt of the supervisor's written answer to the grievance. Such appeal shall be made to settle disputes during the early stage branch manager or his designate, who shall discuss it with the association representative. The branch manager or his designate shall give a written answer to the grievance within four working days after the close of the Grievance procedurediscussion. Any employee shall 'be allowed to inspect his own personal file. It is understood intended that a reasonable amount of the time as set forth in this article be strictly adhered to. Such time limits may be spent by members extended upon mutual agreement of the Union Grievance Committee in order parties. In the event the employer's representative fails to investigate and participate in grievance matters and give a written answer within the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed time limits as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been withhereinabove set forth, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present ASSOCIA- TION may appeal the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson next step at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days expiration of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLElimit.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The Any grievance of a disciplinary nature shall first be taken up between such employee and the employer’s Management Team. Such employee will be entitled to this Agreement agree that all steps be accompanied by a Shop Xxxxxxx or Union representative. Time Limit to institute a grievance: Termination or layoff ten (10) calendar days All others (15) calendar days Failing settlement under a) above, such grievance shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during up between the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withemployee’s Supervisor, or that any provisions of the Collective Agreement have not been withhigher authority, the employee with and a Shop Xxxxxxx or Local Union Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall This Step must be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative completed within ten (10) calendar days from the date completion of a) above. Failing settlement under above, such grievance and any question or controversy that is not of a kind that is subject to a) and above, the grieving party shall reduce the grievance originatedto writing and it will be referred to and take up in a presentation to a Grievance Board, hereinafter referred to as “The Board”. The Company Representative responsible Such Board shall answer consist of two (2) Union Representatives appointed by the Secretary-Treasurer or higher authority of the Union, and two (2) representatives of the Employer, appointed by an officer of the Employer. Appointments to the Board by the Parties shall be in writing. All members of the Board shall have been duly appointed and so authorized that any settlement arrived at by the Board on a specific grievance in writing shall be final and binding. Except by written mutual agreement between the Union and the Employer providing for an extension of time and setting a firm meeting date, above, must be completed within ten (10) calendar days after from the completion date of above. In all such grievance was presented. Step Two: Within ten (10) calendar days procedures, the Union representative shall act in the capacity of receipt Chairman of the decision under Step Onemeeting, and the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting representative of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examinationEmployer shall act in the capacity of Recording Secretary. A written decision All copies of all minutes shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower signed and dated by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee Employer Failing settlement under the above steps, the matter will be referred to an agreed-upon neutral person to act as an Arbitrator, who will meet with the Parties to hear both sides of the case. Failing to agree upon a neutral person, the Department of Labour will be requested to appoint a neutral Arbitrator. The Arbitrator shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three hand down his decision within thirty (330) calendar days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified following completion of the hearing, and his decision shall be final and binding on the two Parties to the dispute. At The cost of the hearing Arbitrator will be borne equally by the Company shall present all the evidence available witnesses or evidence to support their charges Union and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEEmployer.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in (a) A group grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged submitted by a group of employees or a policy grievance submitted by the Union or the Board may be initiated at Step of the grievance procedure. Written notice of the grievance shall be submitted to the Superintendent of Human Resources or designate. Such notice shall be filed within five (5) working days after the aware of the circumstances giving rise to the complaint and a meeting will take place within ten (10) working days. The Superintendent of Human Resources or designate shall reply within five (5) days. If the reply of the Superintendent of Human Resources or designate is not satisfactory, the Union may submit such grievance to arbitration as provided in Article of this Agreement. Should any difference arise between the Board and an employee as to the interpretation, application, administration or alleged violation of this Agreement, an xxxxxxx effort to settle such difference without delay shall be processed as an individual made in the following sequence and manner. Step Within five (5) working days of the event which gave rise to the difference, the employee, who shall be accompanied by the xxxxxxx, shall discuss the complaint with the supervisor in the area. The supervisor in the area shall reply orally within five (5) working days of the discussion during which time the matter at issue will be discussed with the Manager of Facility Services or designate. A grievance alleging dissatisfaction with a job posting will be initiated at Step of the grievance procedure provided such grievance is lodged with the Manager of Facility Services or designate within five (5) working days of the event that gave rise to the grievance. An employee who believes has been or In situations where there is being unjustly dealt withno immediate supervisor, or that any provisions of the Collective Agreement have not been withcomplaint will go directly to Step Step Failing satisfaction, the employee with Representative, if so desires willshall, within five (5) calendar working days of the reply of the immediate supervisor above, reduce the grievance to writing detailing the which is alleged violation bring this to have been violated, and sign the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writinggrievance. The Local Chairperson employee, accompanied by the xxxxxxx, or Representative an appropriate Union official, shall present submit the grievance to the Director appropriate manager or designate who, together with the appropriate supervisor, shall endeavour to settle the dispute and shall reply in writing within five (5) working days of discussion with the employee and the xxxxxxx. Step Failing satisfaction, then within five (5) working days after receipt of the reply of the appropriate manager or designate in Step above, the Union may submit the grievance to the Superintendent of Human Resources or Representative designate, who shall meet with the griever accompanied by the Grievance Committee, within ten (10) calendar working days from of receipt of the date grievance. A representative of the grievance originatedCanadian Union of Public Employees may be present at such meeting. The Company Representative responsible Superintendent of Human Resources or designate shall answer the grievance in writing within ten (10) calendar working days after of the meeting with the griever and the Grievance Committee. In case of a grievance alleging improper discharge of a seniority employee, the grievance was presented. may be initiated at Step Two: Within of the grievance procedure provided such grievance is lodged with the Superintendent of Human Resources or designate within ten (10) calendar working days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Towersaid discharge. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts Grievance Committee referred to in this Article will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed as defined in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein provided for in each step of the grievance procedure may shall be mandatory unless mutually agreed in writing to be extended, but only . Such extension shall not be Local unreasonably withheld by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal documenteither party. An employee who had completed probationary period will not initiating a grievance must be disciplined in excess accompanied by an official or officials of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union in any step of the grievance procedure where a meeting takes place between the Board officials and the employee shall be required griever. Nothing in this article precludes the parties from mutually agreeing to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of grievance mediation during any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two stage of the grievance procedure. Should the employee be exonerated, The Agreement shall be paid at regular rate made in writing and stipulate the name of pay for any time lost, the mediator and the record time line for grievance mediation to occur. It is agreed that the cost of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance mediation will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEshared equally.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The (a) Any dispute, grievance or misunder- standing (hereinafter called “grievance”) involving occupational classification, wages, seniority, hours of work or other working conditions which any employee or group of employees may desire to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate discuss and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate adjust with the Company shall be handled as follows: Step The employee shall take up his grievance directly with his section head or xxxxxxx, except where the employee believes that he cannot properly express or explain his difficulties to his section head or xxxxxxx, in not conducting investigations in a manner which will unduly interfere case the employee may report the matter to the xxxxxxx representing his group, who, together with the Company's operationsemployee, may take the matter up with the section head or xxxxxxx. The Company agrees that it shall With the permission of the employee’s xxxxxxx another xxxxxxx may be consulted on a grievance by the employee in the absence of the regular xxxxxxx representing his group. Step If the grievance is not prevent adjusted by the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes section head or xxxxxxx within eight hours after the grievance has been or is being unjustly dealt with, or that any submitted to him under the provisions of Step the Collective Agreement have employee may report the matter to the xxxxxxx representing his group, who, together with the employee, may take up the matter with the section head or xxxxxxx and shall at the same time present a written summary of the grievance, signed by the employee. Step If the section head or xxxxxxx does not settle the matter to the satisfaction of the employee within forty-eight hours after the grievance has been withsubmitted to him under the provisions of Step 2 hereof, the employee with Representativeand the xxxxxxx, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if or Chief Xxxxxxx may take up the matter directly with the supervisor. If a satisfactory settlement is not settled satisfactorily, obtained within forty-eight hours after the following steps in matter has been discussed with the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present supervisor the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer xxxxxxx may submit the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of TowerUnion Bargaining Committee with a copy to the Company. The President and/or designated Management employee will arrange Union Bargaining Committee may then discuss it with the Company at a time to be agreed upon. All decisions arrived at by agreement between the Company and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected Union Bargaining Committee with respect to examination. A written decision any grievance shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline made in writing and shall be final and binding upon the Local Chairperson will Company and the Union. Nothing in this agreement shall be provided with a copy. Unless deemed to take away the nature right of the offense warrants it, the individual employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of to present any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and personal grievance to the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under specified in this Article will apply equally IX shall be deemed to grievances originating be exclusive of Saturdays and Sundays and those holidays described in Article V of this agreement. While an employee may discuss a grievance with his section head or xxxxxxx at any time, a request for retroactive adjustment need not be entertained by the Company and may be extended by mutual agreement unless the grievance is pre- sented in writing. Where writing within thirty days of the term “calendar days” 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 used, Saturdays, Sundays and holidays are excluded. ARTICLEcarried to the next higher step.

Appears in 1 contract

Samples: Memorandum of Agreement

GRIEVANCE PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her or his union representative. In the case of suspension or discharge, the Hospital shall notify the nurse of right in advance. The to this Agreement agree Hospital also agrees, as a good labour relations practice, in most circumstances it will also notify the local Association. It is the intent of the parties that all steps shall be taken to assure that grievances of nurses shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It , and it is understood that a reasonable amount nurse has no grievance until she or he has first given her or his immediate supervisor the opportunity of time may COLLECTIVE AGREEMENT MARCH adjusting the complaint. Such complaint shall be spent by members discussed with her or his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Union Grievance Committee nurse. This discussion may include consultation, advice and assistance from others. If there is no settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days in order the following manner and sequence: Step No. The nurse may submit a written grievance, through the Association, signed by the nurse, to investigate the Chief Nursing or designate. The grievance shall be on a form referred to in Article and participate in shall identify the nature of the grievance matters and the Union agrees that remedy sought and should identify the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representativewhich are alleged to be violated. The parties may, if they so desires willdesire, meet to discuss the grievance at a time and place suitable to both patties. The Chief Nursing Officer or designate will deliver her or his decision in writing within five nine (59) calendar days following the day on which the grievance was presented to her or him. Failing settlement, then: No. Within nine (9) calendar days following the decision under Step No. the grievance may be submitted in writing to the Hospital Administrator or designate. A meeting will then be held between the Hospital Administrator or designate and the Grievance Committee within nine (9) calendar days of the alleged violation bring this to submission of the attention grievance at Step unless extended by agreement of Supervisorthe parties. After discussion with Supervisor, if It is understood and agreed that a of the matter Ontario Nurses’ Association and the may be present at the meeting. It is not settled satisfactorily, further understood that the following steps in Hospital Administrator or designate may have such counsel and assistance as she or he may desire at such meeting. The decision of the Grievance procedure shall apply: One: The grievance Hospital shall be delivered in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative writing within ten nine (109) calendar days from foilowing the date of such meeting. A copy of the second step grievance originatedreply will be provided to the Labour Relations Officer. The Company Representative responsible A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of the Agreement shall answer be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Hospital shall be filed with the Bargaining Unit President or designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Chief Nursing or designate within ten (10fourteen 4) calendar days after the circumstances giving rise to the grievance was presented. Step Two: Within ten (10) calendar days of receipt have occurred or ought reasonably to have come to the COLLECTIVE AGREEMENT attention of the decision under The grievance shall then be treated as being initiated at Step One, No. and the Local Chairperson and/or the Accredited Representative may appeal the case applicable provisions of this Article shall then with respect to the President and/or designated Management employee processing of Towersuch grievance. The President and/or designated Management employee will arrange release of a probationary nurse for reasons based on performance and chair a meeting of ability to do the interested parties within fifteen (15) calendar days so that related facts will job, including skills, suitability and availability shall not be subjected subject to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee unless the probationary nurse is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEreleased for:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that an employee has no he has given his immediate or xxx superintendent an opportunity to adjust his complaint. Grievances arising under this Agreement shall be adjusted and settled as follows: STEP Within working days after circumstances giving rise to the occurred or originated the aggrieved employee shall present his grievance orally or in writing to the of the employer named by the employer, to handle grievances at this step. a reasonable amount of time settlement satisfactory to the employee concerned is not reached two full working days, the step in the grievance procedure may be spent taken at any time in two full working days thereafter. STEP The aggrieved employee may, with his xxxxxxx or union representative. present his grievance. which shall be reduced to writing on a form supplied by members the Union to the official of the employer named the employer to handle grievances at this step. Should no settlement satisfactory to the employee be reached within two full working days. the step in the grievance procedure may be taken at any time within two working days thereafter. STEP The Union Grievance Committee in order Committee, if it considers it a grievance, may submit the grievance to investigate and participate in grievance matters a committee of the employer and the Union agrees that respective shall meet as promptly as possible thereafter. in an endeavour to settle the members grievance. a satisfactory settlement is not reached within ten full working days from this meeting and grievance is one the interpretation or alleged violation of this Agreement, the grievance may be submitted to as provided in Article below at a time within days thereafter but not later. ARTICLE ARBITRATION Where a differencearises between any of parties hereto relating to the interpretation; application or administration of this Agreement, including any question as to whether a matter is arbitrable. either of the Union Grievance Committee will cooperate parties, may after exhausting the grievance procedure described above. the other in writing of its desire to submit the or allegation to arbitration and the notice shall contain the name of the nominee of the party wishing to bring the matter to arbitration. Such written notice shall also state clearly the matter or matters in dispute to be dealt with by the Company in not conducting investigations in a manner which will unduly interfere with Arbitration Board and what relief if any is claimed by the Company's operationsparty requesting arbitration. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willparty receiving such notice shall, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by advise the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list other party of the charges against and any evidence to substantiate those charges known name of its nominee to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEArbitration Board.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The Where a difference arises between the Parties relating to the interpretation, application or administration of this Agreement agree agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes this agreement has been or is being unjustly dealt withviolated, or that any provisions of whenever an employee is suspended or dismissed for cause, such difference, allegation, suspension or dismissal being hereinafter referred to as the Collective Agreement have not been withgrievance, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisorgrievance procedure set forth below apply. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The No grievance shall be in writingconsidered where the circumstances giving rise to occurred or originated more than five full working days before the filing of the grievance. Page Any employee having a grievance may, with or without xxxxxxx, submit grievance verbally to most immediate Non-Union Supervisor up to the level of Department Head wherefrom it apparent the circumstances giving rise to concern were directed. In any instance where that approach is considered by the Supervisor misdirected, the shall be appropriately redirected. The Local Chairperson or Representative appropriate supervisor shall present the grievance respond to the Director of Human Resources or Representative employee within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar working days after the grievance was presentedis brought to attention. If no response given to the within the time allowed under Step Two: Within ten or the reply of the appropriate supervisor is not acceptable, the employee shall firstly review grievance with the Grievance Committee of Local after which wishes to proceed, shall within working days of the circumstances which gave rise to submit the grievance, accompanied by Xxxxxxx to Department Head (10or designate). The grievance at this stage must be in writing, signed by the and a member of the Grievance Committee and describe the particulars, remedy sought, of the Agreement alleged to have been violated, and the name of the appropriate .supervisor approached Step The Department Head (or designate) calendar shall respond in writing to the employee with a copy to the President of the Union and the Xxxxxxx within working days after receives the grievance. If no response is given to the by the Department Head (or designate) within the time allowed under Step or the reply not acceptable to the employee, the grievance may within working days of receipt of the decision under Step Onereply, or expiry of the Local Chairperson and/or time allowed, whichever is earlier, be referred to the Accredited Representative may appeal Town Administrator (or designate) only endorsed and supported by the case Union’s Grievance The Town Administrator (or designate) shall meet with the employee and the Union Committee, and written reply to the grievance will be sent to the President and/or designated Management employee of Towerthe Union within working days after the meeting concluded. A full-time representative of the Union may be present at the meeting referred to this step. The President and/or designated Management employee will arrange shall be confined to the grievance and chair a meeting redress sought as set forth the written grievance filed as provided in Step The time limits fixed this article may be extended by mutual consent of the interested parties to this agreement confirmed in writing. Page The Grievance of Local shall consist of three members of Local and the Union shall keep the Corporation informed by written notice of the composition of Grievance Committee. Any grievance on a discharge or suspension shall be initially filed with the Department Head (or designate) in writing as provided in Step excepting that it must be submitted within days of the discharge or notice of suspension. ARTICLE NINE It is understood that the Corporation may bring forward at any meeting held with the Union Committee, any complaint with respect to the conduct of the Union, its Officers or members and that if such complaint by the Corporation is not settled to the mutual satisfaction of the two parties, may be treated as a grievance and referred to Arbitration in the manner as the grievance of an employee. ARTICLE TEN Both parties to this agreement agree that any alleged misinterpretation or violation of the provisions of this agreement, including any grievance which has been properly carried through all of the steps of the grievance procedure outlined Article Eight and which has not been settled, may be referred to a Board of Arbitration as provided by paragraph of Section of The Ontario Labour Relations Act at the request of either of the parties hereto provided that such request must be received by the Town Administrator not later than fifteen (15) calendar days so that related facts will be subjected to examination. A written after a decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Twoat, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within step three (3) days of such discussion, the employee will be notified of any discipline in writing grievance procedure has been rendered. The Corporation and the Local Chairperson will be provided Union recognize the right of either party to refer a grievance to a single Arbitrator in accordance with a copy. Unless the nature Section of the offense warrants it, Labour Relations Act. If either party opts for this alternative will advise the employee will not be held out other party writing of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at its intention within the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two limits of the grievance procedure. Should Any Board of Arbitration appointed hereunder shall not have any power to alter or change any of the employee be exonerated, shall be paid at regular rate provisions of pay for this agreement or to substitute any time lostnew provisions or to give any decision or award inconsistent with the terms and provisions of this Agreement. Each of the parties will bear the expense of the nominee appointed to represent it, and the record parties will jointly equal shares, bear the expenses, if any, of the employee shall be cleared Chairman of the alleged offenseArbitration Board and any other costs arising out of the arbitration proceedings. The settlement Page Any Board of any Arbitration appointed hereunder shall deal only with the matter in dispute and shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior have power to the date that such grievance was submitted at Step One alter or change any of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application provisions of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally agreement or to grievances originating substitute any new provisions or to give any decision or award inconsistent with the Company terms and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEprovisions of this agreement.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. An employee may present the grievance to the Committee and have such grievance heard without intervention by the Association provided the Association is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect betw een the Committee and the Association. Level One The to this Agreement agree that all steps shall employee with a grievance will first discuss it with their principal or immediate supervisor with the object of resolving the matter informally. A representative of the Association may be taken to assure that grievances shall present. The grievance must be adjusted submitted within thirty (30) school days from the date of occurrence of the grievance or finalized as quickly as possiblethe date of first knowledge of the grievance by any party affected by it. Every effort A meeting will be made to settle disputes during held with the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters immediate supervisor and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate employee and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, his/ her Association representative within five (5) calendar school days of the alleged violation bring this filing of the Grievance. Level Two----If, at the end of five (5) school days next following the Level One meeting r, the grievance is not disposed of to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorilyemployee’s and/ or Association’s satisfaction, the following steps in employee and/ or the Grievance procedure shall apply: One: The grievance shall be A ssociation may submit the matter, in writing, to the Superintendent within five (5) school days. The Local Chairperson Superintendent, within eight (8) school days of receipt of the written grievance, shall meet with the aggrieved employee and/ or Representative the Association in an effort to resolve the matter. The Superintendent will respond, in writing, to the aggrieved employee and/ or Association within five (5) school days following the meeting. Level Three If the grievance is still unresolved, the employee and/ or Association shall present the grievance grievance, in writing, to the Director School Committee within five (5) school days following the written response of Human Resources or Representative the Superintendent. The School Committee, at the next regular School Committee meeting, after receipt at a regular meeting of the written grievance, shall meet with the aggrieved employee and representatives of the Association in an effort to resolve the matter. Level Four If the Association is not satisfied with the disposition of the grievance at Level Three, the Association may, by giving written notice to the Committee within ten (10) calendar school days from following the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step OneSchool Committee disposition, submit the Local Chairperson and/or the Accredited Representative may appeal the case grievance to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting American Arbitration Association for disposition in accordance with the applicable Rules of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision American Arbitration Association, provided, however, no grievance shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal submitted to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEthat:

Appears in 1 contract

Samples: Teacher Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps A grievance shall be taken to assure a claim, filed by an employee on his/her own behalf, or the Association (for alleged violations of Association rights) contending that grievances shall be adjusted the City has violated or finalized as quickly as possiblemisapplied an obligation expressed, referenced and/or written in the Agreement. Every effort will shall be made to settle disputes during resolve a grievance through discussion between the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters grievant and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsimmediate supervisor. The Company agrees that it shall not prevent grievant must bring the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this grievance to the attention of Supervisorhis/her immediate supervisor within 14 _ days of the grievable event. After discussion Failure to do so will constitute a waiver of the grievance3. If, after such discussion, the grievant does not feel that the grievance has 3 Rev 2021 been satisfactorily resolved, the grievant shall have the right to discuss the matter with Supervisorthe supervisor's superior, if any, within the departmental organization. Otherwise, the grievant shall have the right to discuss the matter with the department head. If the grievant is not settled satisfactorilyin agreement with the decision rendered in the informal grievance procedure, the following steps in grievant shall have the Grievance procedure shall apply: One: The grievance shall be right to present a formal grievance, in writing. The Local Chairperson or Representative shall present the grievance , to the Director of Human Resources or Representative department head. If such a formal grievance has not been submitted within ten twelve (1012) calendar days from the date of receiving the informal decision, the informal decision shall be considered as final. When discussing the formal grievance with the department head, the grievant shall have the right to appear with a representative who xxxxxxx participate in the discussion. The department head receiving the grievance originated. The Company Representative responsible shall answer the grievance review it, render a decision and comments in writing and return them to the grievant within ten twelve (1012) calendar days after receiving the grievance was presentedformal grievance. Step Two: Within ten If the grievant does not agree with the decision reached, the grievant may present an appeal in writing to the City Manager within twelve (1012) calendar days. Failure of the grievant totake further action within twelve (12) calendar days of after receipt of the decision under Step Oneof the department head will constitute withdrawal of the grievance. Upon receipt of an appeal, the Local Chairperson and/or City Manager or designated representative shall discuss the Accredited Representative may appeal grievance with the case to grievant, the President and/or designated Management employee of Towerrepresentative, if any, and other appropriate persons. The President and/or designated Management employee will arrange and chair City Manager may designate a meeting fact-finding committee, an individual not in the normal line of the interested parties within fifteen (15) calendar days so that related facts will be subjected grievant's supervision, or the City Attorney to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing render advice concerning the appeal. Three: Should Within twelve (12) calendar days, the Accredited Representative disagree City Manager shall render a formal decision in writing to the grievant. If the grievant does not agree with the decision stated reached, the grievant may present an appeal in Step Twowriting to the City Council within twelve (12) calendar days. Upon receipt of an appeal, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration City Council shall discuss the grievance with the grievant, the representative, if any, and other appropriate persons. The City Council shall designate a fact-finding committee, an individual not in the manner prescribed in Article The President and/or designated Management employee upon receipt normal line of the grievant's supervision, or the City Attorney to render written advance, will respond within ten calendar days if decides to change advice concerning the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in questionappeal. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEtwelve

Appears in 1 contract

Samples: mccmeetingspublic.blob.core.usgovcloudapi.net

GRIEVANCE PROCEDURE. The to this Agreement agree It is the mutual desire of the parties hereto that all steps employees complaints be dealt with as soon as possible. No employee shall file a grievance under Article until the employee has first discussed complaint with immediate supervisor or supervisor involved, accompanied by Xxxxxxx. Failing settlement of the complaint within four (4) calendar days, an employee may present a grievance in accordance with Article It shall be taken optional to assure that the Employer to decline to consider any grievance, the alleged circumstances of which originated or occurred more than seven (7) calendar days (eight (8) calendar days in the case of part-time and substitute employees) prior to its presentation. Grievances and responses to grievances shall be adjusted or finalized as quickly as possiblesubmitted in writing at all stages. Every effort will be made Grievances shall make reference to settle disputes during the early stage original complaint, and shall contain a detailed statement of the Grievance procedureadjustment requested. It is understood that Step An employee having a reasonable amount of time may be spent grievance shall, either directly or assisted by members of Xxxxxxx, submit the Union Grievance Committee in order to investigate and participate in grievance matters same signed by the and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsXxxxxxx to Program Manager. The Company agrees that it Program Manager shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, render decision within five seven (57) calendar days next following receipt of the alleged violation bring this grievance. Step If the decision of the Program Manager is not acceptable to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorilyUnion, the following steps in Union may appeal the Grievance procedure shall apply: One: The decision to the Operations Director by grievance shall be appeal notice in writing. The Local Chairperson or Representative shall present , signed by the grievance to the Director of Human Resources or Representative employee and a Union Xxxxxxx, within ten seven (107) calendar days from (eight (8) in the date case of part-time and substitute employees) of the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step Oneof the Program Manager. If the is absent on an authorized leave and is not available to sign the appeal notice within the relevant time limit, such appeal notice may be signed by the Local Chairperson and/or second Union Xxxxxxx in lieu of the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair Operations Director shall hold a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the Union Xxxxxxx, and shall render decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and the Chairperson of the Grievance Committee within seven (7) calendar days next following receipt of the appeal notice. Step If the decision of the Operations Director is not acceptable to the Local Chairperson at union, the time any entry or document is placed on union may appeal the file and both decision to the Union and Executive Director by grievance appeal notice in writing, signed by the employee shall be required to acknowledge and a Union Xxxxxxx, within seven (7) calendar days (eight (8) calendar days in case of part-time and substitute employees) of the receipt of samethe decision of the Operations Director. Any written reply from If the is absent on an authorized leave and not available to sign the appeal notice within the relevant time limit, such appeal, notice may be signed by a second Union shall be placed on Xxxxxxx in lieu of the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension Thereupon the Director of Human Resources Grievance Committee shall meet with the Local Chairperson, the employee and SupervisorExecutive Director or designated representative, to discuss deal with the offense grievance. The Executive Director, or designated representative, shall render decision within (7) calendar days (eight (8) calendar days in question. Within three (3case of part-time and substitute employees) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, meeting with the employee will not be held out of service pending disciplineGrievance Committee. When In the nature of event that the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing Executive Director is not satisfactory to the Union, the Union may invoke the arbitration provisions of this Agreement provided written notice of the Union s intention to proceed to arbitration is given to the Executive Director within three fourteen (314) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90twenty-one (21) calendar days prior to the date that such grievance was submitted at Step One in case of part-time and substitute employees) of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer receipt of the Company within the prescribed time limits, the grievance will be processed to the next step decision of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidExecutive Director. The application of this rule shall not constitute an interpretation of the Collective Agreement. The above time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writingbetween the parties. Where any step of the term “grievance procedure may require, without reasonable notice, the substitution of the alternate Xxxxxxx or Chairperson of the Grievance Committee, the Employer may, in lieu of allowing such substitution, designate with written confirmation to the Union that such step shall be deferred until the absent Xxxxxxx is available or until reasonable notice can be given to the alternate Xxxxxxx or Chairperson of the Grievance Committee that such person must be excused from work. Where a paid holiday or paid holidays set out in Article fall within a time limit for taking of any step of the grievance procedure, the time limit will be automatically extended by an equivalent number of calendar days” is used. However, Saturdayssuch time limits, Sundays referred to above shall be construed as mandatory. Failure to comply with the time limits by the Employer or the Union shall be deemed an abandonment of the grievance. Failure of the Employer to reply within the time limits shall entitle the employee or the Union, as provided above, to proceed to the next step. For the purpose of the grievance and holidays are excludedarbitration procedures, a grievance shall mean a dispute or difference as to the interpretation, application or administration of this Agreement or an alleged violation thereof. ARTICLEHowever, the Employers decision with respect to the designation of Program Co- ordinators may not be the subject of a grievance by an employee or the Union.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The to this Agreement parties agree that all steps shall any complaint that may become a grievance will be taken up with the other party ately upon becoming aware of the circumstances giving rise to assure that grievances shall the complaint. Unless otherwise provided for in this Agreement, every subject of joint discussion will first be adjusted or finalized taken up by the Union and the Company in accordance with the procedures provided for in this Agreement, and every effort will be made by the parties to reach a mutu- ally satisfactory agreement as quickly as possible. Every effort will No employee shall be made deemed to settle disputes during have a grievance until his or her supervisor has had an opportunity to adjust the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievancecomplaint. An employee who believes has been a complaint may speak with his or her supervisor regarding the matter, and if the employee is being unjustly dealt with, not satisfied with his or that any provisions of the Collective Agreement have not been withher supervisor’s an- swer, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the may then make a verbal grievance to the Director of Human Resources supervisor with his or Representative within ten (10) calendar days from the date the grievance originatedher xxxxxxx’x assistance. The Company Representative responsible supervisor shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case respond to the President and/or designated Management employee of Towerverbal grievance orally within two days. The President and/or designated Management employee will arrange and chair a meeting of If the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decisionsupervisor’s answer, may process case furtherthe union shall then, commencing at Step Two refer a written grievance to Manager’s Committee within working days of the supervisor’s oral response. Manager’s Committee will meet with the Union Com- mittee within ten working days of receiving the written grievance procedurefrom the union. Should Manager’s Committee will respond in writing within five days, after such meeting and a copy will be sent to the employee be exonerated, shall be paid at regular rate of pay for any National union. At this stage a full time lost, and the record representative of the employee shall union may be cleared present when the grievance is being discussed if re- quested by either party. If the decision of the alleged offenseManagers’ Committee is not sat- isfactory, the Union Grievance Committee may, within eight (8) working days, refer the grievance to the Vice President of Human Resources, or such other person as he may designate. Within eight (8) working days of receipt of such notice, a meeting will be held with the Union Grievance Committee, composed of not more than three (3) employees of the particular plant. An an- swer will be given within eight (8) days after such a meeting has been held. At this stage, a full-time representative of the Union may be present if requested by either party. The settlement of time allowances provided in the above sections may be extended by mutual agreement. If the time allow- provided for written grievances and any dispute shall mutually agreed upon extensions, are not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed observed by the CAW within union or the prescribed time limits, company then the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed advanced to the next step stage. The aggrieved employee will be present for any discus- sions if requested by either party. It is recognized that Stewards, members of committees and Union Officers have regular duties to perform as employees of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLECompany.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances It is the mutual desire of the parties hereto, at the of regular employees shall be adjusted or finalized as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate Xxxxxxx an opportunity of adjusting his complaint. Every effort Should he so desire, he may be accompanied by a Union Xxxxxxx, and this permission shall not be unduly withheld. Any grievance must be submitted in writing, duly signed, and presented within ten working days of its alleged occurrence, or from the date it became known to employee, or same shall not be subject to grievance procedure unless agreed to by the Company. In the event of a grievance concerning the discharge of a regular employee it shall be initiated at Step No. The Union shall be advised by the Company of the discharge of any regular employee. All reference to days in the following steps of the grievance procedure mean Plant working days, and time limits specified may be waived by mutual agreement. More than one employee may sign a grievance form for an identical grievance. It will be made processed in the same manner as if each had filed a separate grievance, except that the group would be represented in the grievance and arbitration procedures by not more than two of the If an employee has a grievance he wishes to settle disputes during discuss with the early stage Company, he shall, accompanied by his Xxxxxxx, take the matter up with his immediate Xxxxxxx within two working days from the time he receives a reply to his complaint. If the matter is not settled satisfactorily within two working days, it shall then be reported to the Shift Superintendent, who will meet the Grievance Committee of the Union. STEP NO. 3 If the Shift Superintendent fails to adjust the matter satisfactorily within two working the Grievance Committee of the Union may request a meeting with the Production Manager to endeavour to adjust the grievance, and such meeting shall be held within five working or within any longer period which may be agreed upon. The Grievance Committee may be assisted at this meeting by an official of the Union. Should a satisfactory settlement not be reached in this step of the Grievance procedureProcedure within working days after the Grievance Committee has met with Management, then, if the matter is one involving interpretation or alleged violation of this Agreement, it may be referred within the next days to the Arbitration Procedure as outlined in Article 6 of the Labour Agreement. It is understood that a reasonable amount the Company may submit to the Union any complaint with respect to the conduct of time may be spent by members its officers, committee men, stewards, or of the employees generally, or to the application or interpretation of any provision of this Agreement. The complaint will first be presented to the President of the Union, and a meeting will be held within seven working days with Union Grievance Committee in order to investigate and participate in grievance matters Representatives if requested by the Company. POLICY GRIEVANCE Procedure for other than individual employee grievances, should any difference arise between the Company and the Union agrees that as to the members interpretation or alleged violation of the provisions of this Agreement affecting the Union Grievance Committee will cooperate with as such, the Company in not conducting investigations in Union shall have the right to file a manner which will unduly interfere with grievance, signed by the Company's operations. The Company agrees that it shall not prevent Local President, beginning at Step 2 of the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure as outlined. Such grievance shall apply equally conform to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any the provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days Article 5 of the alleged violation bring this to the attention of SupervisorAgreement. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The No such grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision filed with respect to such the same subject matter that is already the subject of a grievance is not rendered filed by the appropriateofficer of the Company within the prescribed time limits, the an employee under Article nor shall any grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed filed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision an employee with respect to such the same subject matter that is already the subject of a claim for unpaid wages within grievance filed by the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided Union under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEsection.

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. When any dispute arises between any employee, or number of em- ployees and the Company concerning the interpretation orapplication of this Agreement, it shall first be discussed with the employee’s immediate manager or delegated representative normally within thirty working days after the employee is aware of the situation. The employee(s) shall have a Shop Xxxxxxx present if so desired. The manager or delegated representative shall answer the dispute within three working days of the last discussion with the employee(s) unless the Union agrees to extend this Agreement agree that all steps time limit. When the dispute cannot be settled by this informal procedure, it shall be taken to assure that grievances deemed a “grievance” and the management person with whom it was discussed shall be adjusted or finalized as quickly as possiblenotified accordingly within five working days. Every effort will be made In this grievance procedure the time limit in “days” refer to settle disputes during the early stage working days, exclusive of the Grievance procedureSaturdays, Sundays and holidays. It is understood that a reasonable amount of These time limits may be spent waived by members mutual agreement. At any time the Union accepts the Company’s ruling on a grievance the Business Manager of the Union Grievance Committee in order shall within five days notify the Com- pany of the Union’s acceptance. The notice shall be sent to investigate and participate in the manage- ment person with whom the grievance matters was last discussed. Should the Union fail to refer a grievance to the next step within thirty days of the specified time limit, the grievance shall be deemed abandoned. Step If the employee(s) or the Union is not satisfied with the decision of the management employee to whom the dispute was referred and the em- ployee or Union agrees that wishes to continue with the members of grievance procedure, the shall be submitted. in writing within five days to the appro- priate Level II management employee. After the grievance is received, the Level II management employee, or delegated representative shall arrange a meeting or meetings with the Union Grievance Committee will cooperate with representative named in the Company in not conducting investigations in a manner which will unduly interfere with grievance at the Company's operationsearliest agreeable time, and than five days from the time the grievance is received. The Company agrees that it shall not prevent the Committee from properly fulfilling will state its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group disposition of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar three days after of the grievance was presentedlast meeting convened to deal with the grievance. Step Two: Within ten (10) calendar days of receipt If a “grievance” is not settled in step the Union must take the matter up within five with the Senior of the decision under Step OneThe Senior Manager delegated representative, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Twoas promptly as possible, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond but within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15O) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. Howevermatter is submitted, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and SupervisorBusiness or delegated representative, to discuss settle the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW“grievance”. The Company will render state its decision disposition of the hearing grievance in writing within three (3) calendar four days thereafter. Ifthe employee is not satisfied of the last meeting convened to deal with the decision, may process case further, commencing grievance. If no agreement is reached at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next this step of the grievance procedure, the Union shall have up to thirty days to refer the subject to arbitration Complaints, more particularly those of wide application or concern- ing interpretation of this Agreement and the General Policy of the Com- pany, may be taken up with the appropriate Vice President. The Vice Presi- dent or delegated representative will arrange to meet within ten days of notification with the Business Manager or delegated representative. The Company will state its disposition of the grievance in writing within five days of the last meeting convened to deal with the grievance. If the com- plaint cannot be settled by this method, the Union shall have up to thirty days to refer the subject to When, in the opinion of the Company, the Union or any of its members violate the terms of this Agreement, the Company may refer the matter to the Business Manager of the Union and request a meeting to discuss the matter. of such a from the the Business Manager representative shall, within ten arrange to meet with the Company representative and discuss the com- plaint When a written grievance based on a claim for unpaid wages is the complaint cannot progressed be settled by the CAW within the prescribed time limitsthis method, it shall be considered dropped. When deemed to be a “grievance” and shall be submitted in writing to the appropriate officer Business Manager of the Union within five days. The Business Manager or del- egate shall as promptly as possible, but within ten days after the matter is submitted, meet with the President or delegated representa- tive, to settle the grievance. The Union will state its disposition of the grievance in writing within five days of the last meeting. If no agreement is reached at this step of the grievance procedure, the Company fails shall have up to thirty days to refer the matter to arbitration. Arbitration Whenever a difference relating to the interpretation, application, administration, or alleged violation of this agreement arises between the Company and Union, either party may, after complying with the provisions as set forth in the grievance procedure, submit the matter to arbitration. Arbitration proceedings shall be instituted by written notification to the other party of its desire to submit the difference or allegation to arbi- tration. If after five working days from the original notice given the parties fail to agree to an arbitrator! then either party may request the Minister of Labour to appoint an The decision of the arbitrator shall be final and binding on the parties, No cessation or slow down of work shall be exercised or prompted by any individual employee or group of employees during the course of the grievance procedure outlined above, nor shall any illegal strike take place. The arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions thereof, and in reaching his decision it shall be bound by the terms and provisions of the Agreement. In determining any grievance arising out of discharge or other dis- cipline, the arbitrator may dispose of the claim by affirming the Company’s action and dismissing the grievance, or by setting aside the disciplinary action involved and restoring the to his former position with or without compensation or in such other manner as may, in the opinion of the arbitrator be equitable. The arbitrator render a decision with respect to such a claim for unpaid wages the parties within four weeks of the prescribed time limits, last hearing on the claim will be paiddispute. The application of this rule parties shall not constitute an interpretation contribute equally to the expenses and remunera- tion of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company arbitrator and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEall proceedings related thereto.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The to Union shall appoint a Grievance Committee. The Union shall inform the Employer in writing the names of the Chairman and the Committee. If an employee, group of employees or the Union believes they have been treated unfairly regarding the meaning, interpretation, operation, or application of this Agreement, or where an allegation is made that this Agreement agree has been violated or, that all steps an employee has been disciplined, suspended or, discharged without just cause, or where a questions arises as to whether any matter is arbitrable such differences shall be taken to assure that grievances the subject matter of grievance and shall be adjusted or finalized processed as quickly as possibleset forth herein. Every effort will be made The Union agrees to settle disputes during bring to the early stage attention of the Grievance procedureDistrict Chief, Manager or the General Manager or Operations or Support Services any matter which may lead to the filing of a Grievance. It is understood The Halifax Regional Municipalityagrees that a reasonable amount the District Chief, Manager or General Manager of time may be spent by members of Operations or Support Services shall meet with the Union Grievance Committee in order to investigate try and participate in resolve any matter prior to a grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsbeing filed. The Company agrees that it This meeting shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, take place within five seven (57) calendar days of the alleged violation bring notice of this matter being brought to the attention of Supervisorthe above noted management persons. After discussion with Supervisor, if The above noted management person agrees to give the matter is not settled satisfactorily, Union a written answer within seven (7) calendar days of the following steps in the Grievance procedure shall apply: One: meeting. The grievance shall not be brought forward unless the employee submits his grievance in writing. The Local Chairperson or Representative shall present writing to the Union’s Grievance Committee who, after review may submit said grievance to the Deputy Chief Director of Human Resources or Representative within ten thirty (1030) calendar days from of the date event giving rise to the dispute. (A copy of the grievance originatedshall be also provided to the Generalist). The Company Representative responsible Deputy Chief Director shall provide a written answer to the grievance in writing within ten seven (107) calendar days after of the receipt of the grievance. If the satisfaction is not obtained through the matter may be referred in writing to the Chief Director of Fire and Emergency Service, who a meeting which shall be within seven (7) days of the receipt of the grievance was presented. Step Two: Within ten with the Union’s Grievance Committee shall render a decision within seven (107) calendar days. If satisfactionis not obtained in the grievance shall not be carried forward unless within thirty (30) days of receipt of the decision under Step One, answer in the Local Chairperson and/or the Accredited Representative may appeal the case Union gives notice in writing to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Chief Director of Fire and Emergency Service that it intends to submit the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior matter to the issuance of a formal documentarbitration. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to Where an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee answer is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW rendered within the prescribed time limitstime, or as otherwise mutually agreed, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will may be processed to the next step of the grievance procedure, the same as if the decision had been rendered. When Where a written grievance based on dispute involves a claim for unpaid wages is not progressed by an employee that has been discharged without just cause, a grievance may be initiated at within seven (7) days of the discharge. Under no circumstances shall an employee covered by this Agreement be required to discuss a grievance which has been filed at unless represented by the CAW within Grievance Committee or their designate. In the prescribed time limitscase of a grievance lodged by the employer, it shall the matter may be considered dropped. When submitted in writing to the appropriate officer Secretary of the Company fails Union within fourteen (14) calendar days of the event giving rise to render a decision the grievance, or knowledge thereof. Representatives of the Union Executive shall meet with respect management in an attempt to such a claim for unpaid wages resolve the grievance, within days of receipt of the prescribed time limits, the claim will be paidgrievance. The application of this rule Union shall not constitute an interpretation respond in writing within days of the Collective Agreementmeeting. The time limits If the issue remains unresolved, managementmay, within days of receipt of the Union’s response, give notice to the Union Secretary that it intends to submit the matter to arbitration as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEper Article

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree It is mutual desire of the Parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized as quickly as possible. Every effort will Such complaints shall be made to settle disputes during the early stage of the Grievance procedure. acted upon in following manner and sequence: Step It is understood that an employee has no grievance until has first given immediate supervisor an opportunity of adjusting complaint. Such complaints shall be discussed with the immediate Supervisor within seven (7) working days after circumstances given rise to the complaint have occurred and, failing settlement, it may then be taken up as a reasonable amount of time grievance. In discussing such complaint, the employee may be spent accompanied by members a Union Representative. If the is satisfied has a grievance, shall submit grievance in writing to the Chairperson of the Union Committee. If the Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate considers the grievance to be justified, the concerned, together with the Company in not conducting investigations in Grievance Committee, shall first seek to settle the dispute at a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar working days of following the alleged violation bring this to discussion at the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writingStep meeting. The Local Chairperson or Representative shall present written grievance signed by the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless aggrieved must contain the nature of the offense warrants itgrievance, the employee will not be held out of service pending discipline. When remedy sought and the nature section or of the Agreement which are alleged offense is one to have been violated. The Department will deliver' decision in which dismissal is contemplated, no employee may be held out writing -to the Grievance Chairperson with a copy to the Secretary of service for investigation of any charges against for a period longer than the Union within three (3) working daysdays following the day on which the grievance is presented to Failing settlement then step may be invoked. Step five (5) working days following decision under Step the Grievance Committee may submit the written grievance to or Director, unless mutually extended by at a meeting. person so notified will deliver decision in writing to the Local Grievance Committee Chairperson and with a copy to the Company, without Secretary of the holding of a hearingUnion within five (5) working days from the date on which the written grievance is presented to Failing settlement then Step may be invoked. Step Within five (5) working days following the decision under Step Grievance Committee may submit the written grievance to the Administrative Services or designate. A meeting will be held ten (10) days at which time the matter will be reviewed. The employee must be notified at least one Commissionerof Administrative Servicesor designate will deliver their decision in writing to the Grievance Committee Chairperson with a copy to the Secretary of the Union within five (15) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to from the date that such on which the meeting was held under Step The Corporation or the Union shall have the right to file policy grievance was submitted at beginning in Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits Grievance Procedure as provided under this outlined in Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEwhere:

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters Airport Authority and the Union agrees agree that discussions should occur between employees, Union representatives and Airport Authority representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, Union representatives and Airport Authority representatives including the members President and where discussions, relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application, operation or any alleged violation of the Union Grievance Committee will cooperate with Agreement arises between the Company Airport Authority and or the Union, or between the and the Airport Authority, it shall be processed according to the following grievance procedure, Nothing in not conducting investigations this provision deprives of any rights or remedies to which they are entitled in a manner which will unduly interfere with any legislation including the Company's operationstransfer legislation. Grievances involving the interpretation, application, operation or any alleged violation of the agreement must have the approval and support of the bargaining agent. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for set out in the grievance procedure may be extended, but only by mutual agreement are mandatory and confirmed in writingnot directory. In cases when an employee is investigated as a result of an alleged misdemeanorcalculating time limits, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guestsSaturdays, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee Sundays, and holidays shall be notified of anything inscribed on recordexcluded. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at If the time any entry limits set out in Step, Step or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall procedure are not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed complied with by the CAW within the prescribed time limits, Union then the grievance will be considered as being abandoned, unless the parties have agreed, in writing, to have been droppedextend the time limits. Where a decision with respect Should the Employer fail to such a grievance is not rendered by the appropriateofficer of the Company respond within the prescribed time limitslimits provided for in this Article, the grievance will grievances shall be processed deemed to be shall have the next right to be represented at any step of the grievance procedure. When The and the union representative be given leave with pay to attend such meetings. At either Complaint Step or Step the Airport Authority representative may be assisted by a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it Human Resource representative. The Union shall be considered droppedgiven opportunity to present evidence and make representations throughout the grievance procedure. When The shall be advised of their right to have a union representative present at any disciplinary meeting or at any meeting held with bargaining unit to investigate alleged misconduct of the The Airport Authority shall post the names and titles of the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEdesignated Airport Authority representatives.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The A Grievance is a difference arising between the Company and the Union or any Employee from the interpretation, application, administration, or alleged violation of the pro- visions of this Agreement. Without restricting the general- ity of the foregoing, this includes the right of Management to this Agreement lodge a grievance against the Union starting at Step Both parties agree that all steps shall be taken it is of the utmost to assure that adjust complaints and grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during possible and therefore, within twenty-five (25) days after the early stage oc- xxxxxxxx or origin of the circumstance giving rise to the grievance, the following procedure shall be followed. Step Any employee Xxxxxxx may dis- cuss any grievance with Supervisor. The Supervi- sor shall slate decision to the Xxxxxxx one (I) working day or at a time mutually agreed upon. If no settlement is reached then, within three (3) working days the grievance shall be stated in writing and presented to the Director of Manufacturing. Step The Director of Manufacturing shall hold a meeting with the Union's Grievance procedure. It is understood that Committee to attempt a reasonable amount of time may be spent by members settle- ment of the Union Grievance Committee in order to investigate and participate in grievance matters and dispute within (5) days. If the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in matter is not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, satisfactorily settled at this level within five (5) calendar working days of receiving the alleged violation bring this grievance then it may be submitted to the attention Vice President, Human Resources of Supervisorthe Welland plant or a designate for disposition. After discussion with Supervisor, if the matter Step If there is not settled satisfactorilyan outstanding grievance, the following steps in Vice President, Human Resources of the Grievance procedure Welland plant or a designate shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present hold a meeting within days of receiv- ing the decision from the Union that they are processing the grievance to Step with the Director Union Grievance Commit- tee, who may be accompanied by the Representative of the International Union assigned to service the Local, or a designate. The Vice President, Human Resources of the Welland plant or a designate shall state the decision in writing to the Representative within ten (105) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar working days of receipt of the decision under Step Onesuch meeting, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair or at a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removedmutually agreed upon. A copy of all such entries the decision will be given to the local Union President. The Union shall have the right to initiate group grievances, or documents grievance of general nature, under Step Should the Union to carry on a grievance within the time allowance set out in this article, or agreed upon, then the grievance shall be sent deemed to the employee and to the Local Chairperson at be abandoned. If the time allowance or any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will agreed upon extensions are not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended observed by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, then the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed advanced to the next step stage. Arbitration. If arbitration is to be invoked, the request for arbitration must be made in writing within thirty (30) days of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer decision of the Company fails to render Vice President, Human Resources of the Welland plant or a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paiddesignate under Step The notice shall contain names of arbitrators that are recom- mended as chairmen. The application of this rule shall not constitute an interpretation recipient of the Collective Agreementnotice shall within fifteen (15) working days advise the other party which of the recommended names is acceptable or submit another of recommended arbitrators. The time limits as provided under this Article will apply equally to grievances originating with If the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEUnion fail to agree upon a Chairman within Fifteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. Should any difference anse between the Company and any employee as to the interpretations, application, administration or alleged violation of the provisions of this Agreement, it is agreed between the Company and the Union that such difference will be settled without undue delay in the following manner: STAGE ONE The employee shall, with reasonable promptness, make his representations to this Agreement agree that all steps his Xxxxxxx, and in doing so the employee may, if he so desires, be accompanied by his designated Xxxxxxx. If, within two (2) days after such representations are made, a decision satisfactory to the employee has not been reached, then, STAGE TWO If, within two (2) working days after the decision at stage one has been given, agreement cannot be obtained, then the grievance shall be taken presented in writing to assure that grievances shall the Xxxxxxx and the Xxxxxxx will notify the Chief Xxxxxxx, and the Xxxxxxx will notify the Human Resource Department. The Chief Xxxxxxx or his designated representative, and Page a Human Resource representative will discuss the case and the Departmental Xxxxxxx and the Departmental Xxxxxxx may be adjusted or finalized as quickly as possiblepresent so requested by either party. Every effort will be made to settle disputes during the early stage The Hum Resource representative give his decision within ten (10) days after presentation of the grievance in writing to the Xxxxxxx. STAGE THREE Union may, within three (3) working days after the has been given, present set out in writing at stag Human Resources or his designated representative, who notify the Chairman of the Union Grievance procedure. It is understood that a reasonable amount Committee of time may be spent by the and place where he meet the of the Local and not more than four (4) members of the Union Grievance Committee in order to investigate discuss the difference and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsendeavor to settle it. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withDirector, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance his designated give his decision in writing within ten (10) calendar days after written notification from the Union has been received advancing the grievance was presentedto Stage Three. Step Two: Within ten (10) calendar days al Representative of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative present at this stage if so r The aggrieved person may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for present at any stage the grievance procedure may if so requested by either party. Page DISCHARGE CASES In the event that any employee other than a probationary employee be extendeddischarged or suspended from employment after the date hereof, but only by mutual agreement and confirmed in writingshould he or the Union believe that his discharge or suspension was without reasonable cause, such discharge or suspension constitute a matter to be dealt with under this grievance procedure, provided however, that no such grievance shall be dealt with once the employee has advised both the Company and the Union that the grievance is to be dropped. In cases when an Any such matter, if it is to be dealt with, shall be presented at Stage Two of this grievance procedure within twelve (12) working days after notice to the employee is investigated as a result of an alleged misdemeanor, discharge or suspension and not otherwise and the Director First Stage of the related department grievance procedure shall be omitted. The Company agrees that a discharged or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An suspended employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for granted a private interview with the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. HoweverChief Xxxxxxx, or his designated representative, in the case of incidents of a like nature, Human Resource Office to leaving the formal entry will be held on an employee's file for a period of two (2) years and then removedpremises. A copy of all such entries or documents Such interview shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEten

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The Employees are urged to attempt to settle any com- plaints or grievances with their immediate shift bosses or supervisors before proceeding with the Grievance Proce- dure. It is agreed that the settlement of any grievance shall not be construed as a precedent and shall not be binding on the Company or the Union in respect to any other grievance. Nothing in this Agreement agree that all steps shall be taken construed to assure that grievances limit or impair the right of any employee to present any complaint directly to any representative of the Company. Should any difference as to the interpretation, applica- tion, administration or alleged violation of the provisions of this Agreement arise between the Company and the Union or any employee and in the latter case, if the employee should wish to present his difference through the procedure set out below instead of presenting it directly to a representative of the Company, an xxxxxxx effort shall be adjusted made to settle such difference in the following manner: STAGE ONE: The employee (accompanied and represented by a Xxxxxxx who is reasonably familiar with the work on which the employee is engaged) shall, providing it is done within ten calendar days after the circumstances giving rise to the alleged grievance have originated or finalized as quickly as possiblearisen, present his complaint in writing to his immediate Supervisor, and if within seven calendar days from the time when such complaint was made to the immediate Supervisor a decision satisfactory to the employee is not given to him, STAGE TWO: Before proceeding further with the matter such repre- sentations shall be stated by the employee in writing signed and presented by him (accompanied by his Xxxxxxx), within seven calendar days after the decision of the immediate Supervisor for Stage One has been if no decision was given, then within seven calendar days from the of the time period for giving such decision. Such written representations shall be presented to the Department Superintendent or his designate from time to time to handle such matters at Stage Two. The Department Superintendent or his designate may be accompanied by other officials of the Company. The Department Superintendent or his desig- nate shall give his decision in writing within seven calendar days from the date upon which such representa- tions were presented to him and if the matter is not satisfactorily disposed of, STAGE THREE Notice in writing requesting further consideration of the matter shall, within seven calendar days after the decision of the Department Superintendent or his desig- nate for Stage Two has been or should have been given, be given by the Grievance Committee to the Mine Manager or his designate to handle such matters at this Stage Three. The Mine Manager or his designate shall notify the Union of the time and place at which he will meet the Grievance Committee to discuss the matter. At such time, the representations in writing presented at Stage Two indicating the nature of the grievance and the remedy sought shall be presented to the Mine Manager or his designate by the employees and not less than two and not more than three members of the Grievance Committee. The Mine Manager or his designate may, if he desires, be accompanied by other officials of the Company. At this meeting, such representations and the decision of the Department Superintendent or his desig- nate for Stage Two shall be considered. At the inception of or during this Stage Three, the Company or the Union may require that a Staff Representative of the Union be present at such meeting. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, such difference within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) seven calendar days from the date upon which the grievance originated. The Company Representative responsible Mine Manager or his designate for Stage Three received written notice of the matter as above set forth and the Mine Manager or his designate shall answer give the grievance decision in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer behalf of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “seven calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEday period.

Appears in 1 contract

Samples: Grievance Procedure

GRIEVANCE PROCEDURE. The to A grievance is a claim by an individual Postdoctoral Scholar, a group of Postdoctoral Scholars or the UAW, that the University has violated a specific provision of this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage term of this Agreement. A Postdoctoral Scholar may be represented at all stages of the grievance and arbitration procedures. Representation is to be provided by one (1) person, only. However, a University employee designated as managerial, supervisory or confidential by the University shall not represent any Postdoctoral Scholar or group of Postdoctoral Scholars at any step of the Grievance procedureProcedure or in any activity or role provided for in the Grievance Procedure. It is understood that Resolutions shall be consistent with this Agreement, and shall not be precedential unless agreed to in writing by the parties to this Agreement. The University shall provide the UAW with a reasonable amount of time may be spent by members copy of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that proposed resolution. The University shall not implement the members proposed resolution of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate grievance until timely receipt and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions review of the Collective Agreement have not been with, the employee with RepresentativeUAW’s written comments, if so desires willany. Only the UAW has standing to file a grievance on the following: A designated campus and/or medical center’s failure to provide Postdoctoral Scholar lists in accordance with Article 00, within five Xxxxx Xxxxxx and Rights, and Article 30, Union Security. “Locking out” Postdoctoral Scholars in accordance with Article 14, No Strikes. Failure to provide the necessary information to the mailing house as set forth in Article 30, Union Security. Filing grievances/appeals Grievances must be filed by hand, electronically or by U.S. Mail at the designated campus and/or medical center (5UCLA and UCSD) calendar days of labor relations office at the location where the alleged violation bring this to the attention of Supervisoroccurred. After discussion with Supervisor, if the matter If a grievance or appeal is not settled satisfactorilyfiled by email, the following steps in the Grievance procedure shall apply: One: The grievance shall attachment must be in writingPDF format or similar electronic document. The Local Chairperson Union also agrees that by filing a grievance or Representative appeal by email, all subsequent University responses may be sent by email and shall present constitute service of any written response as outlined in this article. Each campus/medical center labor relations office shall notify the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt Union of the decision under Step One, email address where grievances and appeals may be electronically filed. All subsequent University responses may be sent by email to xxx0000@xxx0000.xxx Filing at the Local Chairperson and/or the Accredited Representative may appeal the case to Office of the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only sent by mutual agreement and confirmed in writingemail to xxxxxxxxxxxxxxxx@xxxx.xxx. In cases when an employee is investigated the event the union alleges a contract violation as a result of an alleged misdemeanorOffice of the President action, the Director grievance shall be filed directly at the Office of the related department President within 30 days of the day the union knew or their designated representative and/or should have known of the Director of Human Resources will investigate the incident with all related parties prior action giving rise to the issuance grievance. The University shall issue a step 3 response within 45 calendar days from the day the grievance was filed at the Office of a formal documentthe President. An employee who had completed probationary period will not Time Limits - The date of filing shall be disciplined in excess of a written reprimand without a proper hearingthe date the grievance is received at the designated campus/medical center labor relations office. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days Filings received after the incident within the Tower comes to the attention close of Management. An employee business shall be notified of anything inscribed on recorddeemed filed the next business day. Any formal which relates The parties may mutually agree to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at extend the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day limits in advance of the expiration of the time limit and such a hearing. The employee or representative agreements shall be given documented in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreementwriting. The time limits as provided under this Article will apply equally to and meetings for the processing of grievances originating shall be in accordance with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEsteps addressed below:

Appears in 1 contract

Samples: postdoc.ucsd.edu

GRIEVANCE PROCEDURE. The to this Agreement agree a) It is the mutual desire of the Employer and the Union that all steps shall be taken to assure that complaints and grievances shall be adjusted or finalized as quickly as possible. Every effort will All meetings at which grievances are processed shall be made held Employeeswho are covered by this Agreement shall be required to settle disputes during follow the early stage procedures laid down in Article A grievance under this Agreement shall be de- fined as any difference or dispute between the Employer and any employee or the Union relat- ing to the interpretation, application, or adminis- tration of this Agreement, 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 taken up within and not after seven (7) work- ing days the date of the incident giving rise to the grievance. The following procedure shall be adheredto in process- ing grievances, save as otherwise provided in this Agreement: STEP I The employee shall take the matter up verbally with the forepersonor supervisor as set out inArticle The employee shall be accompanied by the stew- ard. STEP 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 not after five (5) working days of that date, take the grievance up in a meeting with the Controller of Plant and/or del- egate. A grievance submitted at Step shall be in writing, shall contain a concise statementof the facts complained of and the redress sought and shall be signed by the (or inthe case of a policy or group grievance by the chair of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters Committee) and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsXxxxxxx. The Company agrees that it Controller of Plant and/or delegate shall not prevent give the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, decision in writing within five (5) calendar working days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after upon which the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree discussed with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLExxxxxxx.

Appears in 1 contract

Samples: Public Employees

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps Grievances shall be taken handled in the following manner: Step One: An employee having a grievance shall first present it orally to assure that grievances the House Manager or his/her designee, and an effort shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during resolve the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee grievance in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsthis manner. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, will within five (5) calendar working days from receipt of or reasonable knowledge of said grievance request a meeting with the alleged violation bring this House Manager or his/her designee. This meeting will then be scheduled at the earliest convenience of House Manager or his/her designee, said employee and union representative (if member chooses to have union representative present). Step Two: If the verbal grievance cannot be satisfactorily adjusted in Step One no later than five (5) working days after the facts that occurred which gave rise to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorilygrievance, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writingreduced to writing and presented to the Company’s Licensee Administrator, or his/her designee. The Local Chairperson written grievance shall, as a condition of arbitrability, set forth a statement of the facts relied upon, including events, dates and persons involved, the Section or Representative Sections of this Agreement allegedly violated, the specific remedy sought, and shall present be signed by the employee. The Licensee Administrator, or his/her designee, shall make a written answer to the grievance within five (5) working days of receipt of a timely grievance and an effort shall be made to resolve the complaint in this manner. If the Licensee Administrator, or his/her designee fails to respond, the grievance may be processed to Step Three. Step Three: If the written grievance cannot be satisfactorily settled in Step Two, the Xxxxxxx and/or the Program Coordinator of the Union may appeal the Licensee Administrator’s decision by delivering to the Director Residential Administrator, or his/her designee, a written request within five (5) working days following receipt of Human Resources the Step Two answer, or Representative following the date the answer was due. The Residential Administrator, or his/her designee, shall make a written answer to the grievance within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar working days of receipt of the decision under Step Onea timely grievance, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision an effort shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention made to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for resolve the grievance procedure may be extended, but only by mutual agreement and confirmed in writingthis manner. In cases when an employee is investigated as a result of an alleged misdemeanor, If the Director of the related department Residential Administrator or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior his/her designee fails to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsrespond, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will may be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEarbitration.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree It is the mutual desire of the parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It , and it is generally understood that an employee has no grievance until he has first given his immediate supervisor an opportunity of adjusting his complaint. If an employee has a reasonable amount of complaint or question which he wishes to discuss with the Company, he shall take the matter up orally with his immediate supervisor, at which time he may be spent accompanied by members a Union Officer or a member of the Union Grievance Committee Committee. Such matter shall be taken up not later than three working days from the facts giving rise to the complaint or question. The immediate supervisor's decision shall be given orally within twenty-four hours. If such complaint or question is not settled satisfactorily in order accordance with the above procedure, the matter may then be reported to investigate and participate in grievance matters and the Union agrees that Grievance Committee by the members employee or employees concerned. The Union Grievance Committee may then within five working days from receipt of the immediate submit the matter in writing to the Superintendent. The Superintendent shall deliver his reply in writing within five working days. If such matter is not settled to the satisfaction of the Union Grievance Committee will cooperate Committee, the matter may be referred to the Resident Manager within five working days from receipt of the Superintendent's reply. The Resident Manager shall meet with the Company Union Grievance Committee to discuss the matter within ten working days from receipt thereof and shall deliver his reply in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, writing within five (5) calendar working days of from the alleged violation bring meeting. Any meeting held at this to stage shall be attended by such Company representatives as the attention of SupervisorCompany may designate. After discussion with Supervisor, if If the matter is not settled to the satisfaction of the Union Grievance Committee, it may be referred to Arbitration within thirty days from receipt of the Resident Manager's reply in accordance with the provisions of Article Time Limits mentioned herein may be extended by mutual agreement of the parties. If the Union or the Company has a complaint against the other, it may be dealt with as a grievance and shall be initiated in writing at the Resident Manager's stage of the Grievance Procedure. If not settled satisfactorily, it be processed to Arbitration in accordance with the following steps provision of Article ARTICLE ARBITRATION If a grievance has not been settled . satisfactorily in the Grievance procedure shall apply: One: The Procedure, either party may refer the Grievance to an Arbitration Board. Such grievance shall involve the interpretation, application, operation or alleged violation of any Article of this Agreement; and shall be in writingreferred to Arbitration within a period of thirty days following the day of communication of the written decision of one party to the other party. The Local Chairperson or Representative party desiring to submit a matter to arbitration shall present the grievance deliver to the Director other party a Notice of Human Resources Intention to Arbitrate. This notice shall state the matter at issue in concise terms and shall state in what respect the Agreement has been violated or Representative within ten (10) calendar days from misinterpreted by reference to the date the grievance originatedspecific clause or clauses relied upon. The Company Representative responsible notice shall answer also stipulate the grievance in writing within nature of the relief or remedy sought. Within ten (10) calendar days after the grievance was presented. Step Two: Within date of delivery of the foregoing notice, the party initiating arbitration shall notify the other party of the name of its representative on the Arbitration Board, and the other party shall appoint its representative within ten (10) calendar days of receipt of this notification. In the decision under Step Oneevent that either party shall fail to appoint a representative to the Arbitration Board within the delay provided, the Local Chairperson and/or other party may request the Accredited Representative may appeal the case to the President and/or designated Management employee Minister of Tower. The President and/or designated Management employee will arrange and chair a meeting Labour of the interested parties Province of Ontario to appoint a representative on behalf of the defaulting party. When the representatives have been appointed, they shall forthwith choose a Chairman, who with the two representatives shall constitute the Arbitration Board. Should the representatives fail within fifteen (15) calendar five days so that related facts will to agree on a Chairman, the Minister of Labour of the Province of Ontario may be subjected requested by the representatives of either of them to examination. A written decision appoint a person who shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt Chairman of the written advanceArbitration Board. After the Arbitration Board has been formed by the foregoing procedure, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident it shall meet with all related members present and hear the evidence of both parties prior to the issuance of and render a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) decision within seven days after the incident within the Tower comes to the attention completion of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreementtaking evidence. The time limits as provided under this Article will apply equally specified herein shall be deemed to grievances originating with the Company be exclusive of Saturdays, Sundays and Mill Holidays, and may be extended by mutual agreement consent of the parties or by the Arbitration Board. The decision of the majority of the Arbitration Board on the matter at issue shall be final and binding on both parties, but in no event shall the Arbitration Board have the power to add to, subtract from, alter or amend this Agreement in any respect. Each party shall pay its own costs and the fees and expenses of witnesses called by it and of its representatives. The fees and expenses of the Chairman shall be shared equally between the parties. At stage of the Grievance procedure, including Arbitration, the conferring parties may have the assistance of the employees concerned, and any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to have access to the Trenton Mill to view disputed operations and to confer with the necessary witnesses. ARTICLE DISCHARGE CASES A claim by a permanent employee that he has been unjustly discharged from his employment shall be treated as a grievance if a written statement of such grievance is lodged with the Resident Manager or his designate, within three working days after the employee ceases to work for the Company. The Company will notify the Union within two working days of suspension or discharge and reason therefor. The Company shall meet the Union to discuss the discharge grievance within five working days of receipt of the grievance and shall render a reply thereto, in writing, within three working days following the hearing. Where If the term “calendar days” Company reply under Section 3 is usednot satisfactory, Saturdaysthe grievance may be processed to arbitration provided the Union gives the Company notice of intention to arbitrate within three working days after receipt of the Company reply. In the event a discharge grievance shall be processed to arbitration, Sundays the arbitration board shall be empowered to: confirm the Company's action in dismissing the permanent employee; or reinstate the permanent employee with full compensation for time lost; or make a finding other than the above which shall be just and holidays are excludedequitable under the circumstances. ARTICLEA decision to discharge a probationary employee shall not be reversed through the grievance or arbitration procedure.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The Subject to Article should any misunderstanding or controversy arise between the Employer and the Union as to the compliance of either party with any of its obligations hereunder or should there be any grievance involving the terms of this Agreement agree that all steps by an employee or group of employees or the Union or the Employer. the same shall be taken to assure that grievances handled in the following manner: Any grievance of an employee shall be adjusted presented in writing (on a standard form provided by the Union and completed as indicated on the form) to the aggrieved employee's department head or finalized his or her delegate. Such grievance form shall be completed in triplicate and signed by the employee. One of the forms shall be retained by the employee; one by the Union the other handed to the department head or his or her delegate. The department head or his or her delegate shall give his or her written disposition within five working days of the receipt of the grievance by him or her. If the grievance is not settled at the preceding step, the Union shall take the matter up with the Administrator or his or her delegate. The Administrator or his or her delegate shall give his or her written disposition within five days of the receipt of the grievance by him or her No grievance shall be considered which has not been instituted as quickly herein provided unless the Employer and the Union otherwise agree. A Saturday, a Sunday, a statutory holiday within the meaning of this Agreement, or an aggrieved employee's day off shall be excluded in computing the time limits within Employer: Union: which a step is taken under the grievance procedure of this Agreement. If an employee wishes to grieve his or her suspension or discharge, such employee shall within a calendar week of such suspension or discharge reduce such grievance to writing and it shall be dealt with under the grievance procedure at Step thereof. An employee may only be discharged for just cause, except that any employee who has not completed the probationary period may be terminated on the basis of a fair and proper assessment of suitability for employment with the Centre, which action may be taken up as possiblea grievance. Every effort will Misunderstandings or controversy as referred to in Article arising between the Employer and the Union which may be made considered as policy or group matters shall be reduced to settle disputes during the early stage writing by either party and dealt with commencing at Step of the Grievance procedureProcedure. It is understood The Employer or the Union may have such counsel or other assistants present as they may desire when grievances are taken up under Step of this Article provided that a reasonable amount no more than two of time such counsel or assistants representing either the Employer or the Union may be spent by members of present at such meeting unless all parties agree to additional representation. Failing settlement under the Union Grievance Committee in order foregoing procedure, any grievance may be submitted to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsarbitration as hereinafter provided. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or If no written request for arbitration is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willreceived, within five twenty (520) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step Oneis given, the Local Chairperson and/or the Accredited Representative may appeal the case grievance shall be deemed to the President and/or designated Management employee of Towerhave been abandoned (effective 1999). The President and/or designated Management employee will arrange and chair a meeting time specified in Article may at any time whether before or the event be extended or abridged by mutual consent of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examinationEmployer and the Union. A written decision Such consent shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline expressed in writing and shall specify the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEalteration agreed to.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that This Article establishes the exclusive procedure for the processing and settlement of grievances. All grievances shall be adjusted processed solely in accordance with the procedures set forth in this Article. A grievance is defined as any dispute or finalized claim arising out of or relating to the interpretation or application of this agreement. The parties agree to encourage discussions between employees and supervisors prior to implementing the official steps as quickly as possibleoutlined in this Article. Every effort will be made to settle disputes during the early stage The parties agree that legal counsel shall not attend grievance hearings through Step 3 of the Grievance procedureformal process. It is understood that When employees are required to attend a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in hearing as a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withgrievant, University witness, or that any provisions of Union representative, they will only be paid for the Collective Agreement have not been withtime spent in attending grievance hearings when such time coincides with their regularly scheduled working hours. When a grievance is filed by more than one employee, the employee with Representative, if so desires will, within five (5) calendar days grievance will identify one of those employees who shall represent the alleged violation bring this to the attention class of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson grievant at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two each step of the grievance procedure. Should the employee be exonerated, Neither party shall be paid responsible for the expense of witnesses called by the other party, including lost work time. Without a compelling reason for absence, a grievance will be dismissed when the grievant fails to be present at regular rate of pay for any time lost, and the record one of the employee shall be cleared hearings of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One steps of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW “Working day” within the prescribed meaning of this Article is defined as Monday through Friday, excluding all paid holidays. Whenever the University fails to meet the time limitslimits required in this Article, the grievance will at issue may be considered appealed to have been droppedthe next step. Where a decision with respect Whenever the Union or grievant fails to such a grievance is not rendered by meet the appropriateofficer of the Company within the prescribed time limitslimits required in this Article, the grievance will shall be processed regarded as settled on the basis of the University’s last response or position. Initial steps and time limits of this Article may be waived by mutual written agreement, of the Union and the University. No Step 1 or 2 grievance settlement shall establish precedent or practice for either the Union or the University. A grievance may be withdrawn at Steps 1 or 2 without prejudice or precedent. When the Union alleges that the University has violated a specific provision or provisions of this agreement, so as to allegedly violate employees’ rights under the terms of the agreement, the Union may initiate a grievance at Step 3 of this procedure. No employee shall be discriminated against for participating in the grievance procedure. Employees who have filed a grievance shall have the right to be present personally at any stage of the Grievance Procedure. However, an employee may waive the right to be present. The employee may be accompanied by a Union representative. Union representatives may assist employees who wish to file grievances. At each step of the grievance procedure, each party shall present the facts and documents known to the party at the time to support its position on the grievance. Additional information requested by either party in writing shall be provided in keeping with applicable labor law prior to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer The steps of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule grievance procedure shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEbe:

Appears in 1 contract

Samples: 2019 2022 Agreement

GRIEVANCE PROCEDURE. The To provide for the expeditious and mutually satisfactory settlement of grievances with respect to wages, hours of work and other conditions of employment, the procedure hereinafter set forth shall be followed. Nothing contained in this Agreement agree that all steps shall deprive any individual employee of the right to discuss with any supervisor or executive of the Company matters in his own interest. However, after the Union has referred a grievance to the Company for adjustment, the Company will not initiate discussion of the matter with the employee involved, nor adjust the grievance pending settlement with the Union. Page ‘The Committee has the right to fully investigate any legitimate complaint, grievance or alleged violation of the Contract. Employees have the right to have complaints or grievances handled by a Committee member with the option to be present in Steps and if they want to. Representation by a member of the Committee is to be made available without delay upon request by the employee, When an employee or group of employees wish to have a grievance presented for settlement by the Union, such grievance shall be taken presented as outlined below and settlement effected at one of the steps indicated. Except in cases of dismissal, any grievance which is not presented within fourteen (14) days following the event giving rise to assure the grievance shall be forfeited and waived by the aggrieved party. COMPLAINTS It the desire of the parties hereto that grievances legitimate complaints of employees shall be adjusted or finalized as quickly as possible. Every effort will be made If an employee has any complaints which he wishes to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere discuss with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee shall along with Representativeor through his xxxxxxx, if so desires willdiscuss the matter with immediate superior. If such a complaint is not settled to the satisfaction of the griever concerned within one working day, the following steps of the grievance procedure may be invoked in order. STEP ONE A meeting shall be held within five (5) calendar working days of a written grievance being filed with management. In attendance at said meeting will be the alleged violation bring this Branch Manager or his appointee, The Union Committee as per and the Managements reply will be issued in writing within five (5) working days of said meeting. STEP TWO If the grievance has not been settled satisfactorily in step one above, then within five (5) working days the grievance must be submitted to step two. A meeting shall be held within five (5) working days of a grievance being submitted at step two, attending said meeting shall be the attention Company Director of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorilyIndustrial Relations, the following steps in Branch Manager or their appointees, the Grievance procedure shall apply: One: The grievance shall Committee, the and the Union Business Agent. Management reply will be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance issued in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar working days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEsaid meeting.

Appears in 1 contract

Samples: Vending Employees

GRIEVANCE PROCEDURE. The Should any dispute arise between the employer and an employee or between the employer and the Union as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every Agreement, an xxxxxxx effort will be made to settle disputes during such differences without undue delay, in the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. following manner: STEP The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willinvolved shall, within five (5) calendar working days of the alleged violation bring this date of the incident giving rise to the attention Complaint or of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case incident giving rise to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges Complaint should reasonably have been known to the Company at employee, discuss the time when notified Complaint with his Supervisor. The Shop Xxxxxxx shall be present during this discussion. The Supervisor shall give his answer within five working days following the date of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support casemeeting. The employee must also Shop Xxxxxxx shall be represented by present when the local Union representation, and/or an accredited representative of Supervisor gives his answer. STEP If the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decisionSupervisor's answer to the complaint, a Grievance may process case furtherbe filed within five working days of the date the Supervisor gives his answer to the Complaint. The employee may have the assistance of the Shop Xxxxxxx in filling out the Grievance Form. All Grievances shall be in writing, shall be signed by the Employee and the Shop Xxxxxxx. All Grievances shall contain the Article of the Collective Agreement alleged to have been violated, the nature of the grievance and the adjustment requested. The Grievance Form shall be presented to the next higher level of supervision above the Supervisor who answered the Complaint in STEP or their designate and discussed with the employee and Shop Xxxxxxx at that time. The employer shall have five working days to answer the grievance in writing and present to the employee and Shop Xxxxxxx. If the employee is not satisfied with the employer’s written answer given at STEP and the Uniondoes not withdraw the grievance in writing within five working days following the date of the meeting at which the employer gave their written answer to the grievance, the grievance shall proceed to a STEP meeting. STEP This meeting shall be arranged in a timely manner by the Employer and a Business Representativeof the International Association of Machinists and Aerospace Workers, District Lodge No. The employer shall have five working days to answer the grievance in writing to the Shop Xxxxxxx. A copy shall also be sent to Business Representative. If the grievance is not settled at STEP and the Union does not withdraw the grievance in writing within five (5) working days following first Wednesday of any month after the date of the meeting at which the employer gave their written answer to the grievance, at STEP the grievance shall proceed to arbitration under Article of this Collective Agreement. Where a difference arises between the Union and the employer relating to application, administration or alleged violation of this Collective Agreement, the Union may within five (5) working days of the date the incident becomes known to the Union file a policy or group grievance. Article STEP shall then apply as though the Union’s policy or group grievance was a grievance of an employee. The employer may file a policy grievance against the Union, the employer may within five (5) working days of the date the incident becomes known to the Union file a policy or group grievance. Article STEP shall then apply as though the employer‘s policy grievance was a grievance of an employee. In the event that the Company initiates disciplinary action against an employee who has completed his probationary period and which results in the suspension or discharge of such employee, such disciplinary action shall be confirmed in writing by letter to the employee involved, setting forth the actiontaken and the penalty imposed. All disciplinary action is to be dispensed in the presence of a Union representative. Whenever the Company deems it necessaryto reprimandan employee indicatingthat dismissal may follow if such employee fails to bring his work up to a required standard by a given date or if there is a repetition of the matter complained of, the Company shall, within ten 0) working days thereafter, give written particulars of such censure to the employee involved. A claim by an employee who has completed his probation period that he has been suspended, discharged, or disciplined without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Company commencing at Step Two No. of the grievance procedureprocedure within five working days of such suspension, discharge or discipline. Such grievance may be settled by confirming the Company’s action or by reinstating the employee, with or without compensation, for the time lost, or by any other arrangement which is just and equitable in the opinion of the conferring parties of the board of arbitration, if the matter is submitted to arbitration, subject only to the provisions of Schedule “ A attached hereto and forming part of this Agreement. Written warnings will not be used for further disciplinary action after (24) months, if the employee receives no additional disciplinary action for the same or a related offence during this period. Suspensions will not be used for further disciplinary action after twenty-four (24) months, if the employee receives no additional disciplinary action for the same or a related offence during this period. Article Arbitration Any matter or question arising from the interpretation, application, administration, or any alleged violation of this Agreement, including the question of whether a matter is arbitrable, may be submitted to arbitration by the parties hereto as herein provided. When either party to this Collective Agreement fails to withdraw or settle a grievance as set out in Article section STEP the party initiatingthe grievance shall write the other party, in a timely manner and shall include a list of proposed arbitrators. The other party shall notify the initiating party of any acceptable arbitrator on the list. If none of the arbitrators are acceptable the other party shall submit a list of proposedarbitrators back. This process shall continue until an arbitrator is agreed upon or an impasse is reached, at which time the party initiating the grievance shall make application to the Ministry of Labour for the appointment of an arbitrator. No matter shall be submitted to arbitration by the parties hereto unless and until they shall have attempted to arrive at a settlement by the means provided by Article hereof. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle a grievance. The sole arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part thereof. The decision of the sole arbitrator will be final and binding upon the parties hereto and the empI Each of the parties hereto will bear the expenses of the arbitrator jointly. Article Union Representation The Union may appoint or otherwise select a Shop Committee to be composed of not more than three (3) members who will be designated as Shop Stewards. The Union acknowledges that Stewards have their regular duties to perform on behalf of the Company and that a Xxxxxxx shall not leave such duties in order to present a grievance under the grievance procedure or to assist employees in the preparation of grievances without first obtaining the permission of his immediate supervisor. Such permission shall not be unreasonably withheld. The Union shall give the Company a list of names of its Shop Stewards, their assigned areas and any changes thereto. Leaves of Absence The Company will grant employees leavesof absence without pay, annually, for up to fifteen (15) working days, to serve as delegates on Union business. Should the Union request further leaves, without pay, such leaves will be at the sole discretion of the Company. In all cases, reasonable notice must be given by the Union and more than two (2) employees will be on leave at the same time. Such requests for leave of absence shall not be unreasonably refused. In the event of the death of an employee's mother, father, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or grandchild, the employee will be exoneratedgranted up to three consecutive days leave of absence without loss of regular pay to make arrangements for and to attend the funeral. It is understood that an employee shall not receive payment for absence on a day or days on which he would not otherwise have worked. Two (2) days will be granted in the events of death of grandparents. When an employee is unable to attend the funeral due to distance, shall be paid at regular rate of pay for any time lost, and the record of the employee shall receive two (2) days off with pay, as days of mourning. However, proof these and all other such events in the future, must be cleared submitted. When an employee must travel a considerable distance to attend the funeral, the Company shall grant an extended leave of absence without pay beyond the time set out in section of this Collective Agreement. Leaves of Absence without pay may be granted by the Company given that the following conditions are met: Notice of three months is given to the Company, except in unforeseencircumstances, beyond the control of the alleged offenseemployee; Request does not exceed a maximum of four weeks and it is used in conjunctionwith annual vacation entitlement. The settlement Inspecial unforeseencircumstances the Company grant a Leave of any dispute shall not under circumstances involve retroactive pay beyond Absence to an employee for a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One six months without loss of the grievance procedureseniority. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance Article Seniority An employee will be considered on probation and will not be subject to the seniority provision of this Agreement, nor shall his name be placed on the seniority list until after he has successfully completed sixty-three days of work in the employ of the Company. Upon completion of such probationary period, the employee's name shall be placed on the appropriate seniority list with seniority dating from the date he was hired by the Company. The dismissal of a probationary employee shall not form the subject matter of a grievance. A seniority list shall be posted annually. In the event of any lay-off, Union Stewards shall be deemed to have been dropped. Where a decision with respect to such a grievance is not rendered by seniority over all other employees and shall be retained in the appropriateofficer employ of the Company within during their respective term of office, provided however the prescribed time limitsCompany has work they are qualified to perform. In the event of a work shortage which causes the lay-off of employees and for the of recalling those to work who have been laid off, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it following factors shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEconsidered:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to A grievance, within the meaning of this Agreement agree that all steps Agreement, shall be taken to assure that grievances shall be adjusted or finalized defined as quickly as possible. Every effort will be made to settle disputes during any dispute between the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters University and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by Union, an employee, or a group of employees and be processed as an individual grievanceto alleged misapplication or misinterpretation of the terms of this Agreement or the Employer’s written personnel rules, policies or practices. An Any employee who believes has they have been or is being unjustly dealt withaggrieved may personally seek relief from that condition by filing a grievance, irrespective of any supervisor’s opinion of the grievance’s validity. In the presentation of grievances, the employees shall be safe from restraint, interference, discrimination, or that any provisions reprisal. The Union as exclusive representative of bargaining unit employees is the responsible representative of said employees in grievance matters. However, an employee may be self-represented or select a representative outside the Union membership for Steps One and Two. In such cases, the Union shall not be held liable for the results or costs of such outside representation and will be considered an interested party to the proceedings. An extension of the Collective Agreement have not been withtime limitations as stipulated in the respective steps below, may be obtained by mutual consent of the parties. Failure of the employee to comply with the time limitations without a request of time extension shall constitute withdrawal of the grievance. Failure of the Employer to comply with the time limitations without a request for time extension shall establish the right of the employee to proceed with Union concurrence to the next step of the grievance procedure. For the purposes of calculating time requirements, the first day shall be the day following the day on which the employee was aware, or reasonably should have been aware, of the issue giving rise to the grievance. Saturdays, Sundays, and University holidays shall be included in the calculation of days except that the final day may not be on a Saturday, Sunday, or holiday but will end at the close of the first working day following the Saturday, Sunday, or holiday. Meetings and discussions on the grievance held with Representativethe Employer in connection with this grievance procedure shall normally be held during the University’s regular business hours, or as mutually agreeable, and no deduction in pay status shall be made for the grievant or xxxxxxx for reasonable time spent in such meetings or discussions during the employee’s scheduled duty hours. The work schedule of the grievant will be seriously considered in the scheduling of the grievance meetings. Time off for employees and Stewards shall be granted by supervision following a request, but in consideration of job responsibilities. If the requested time off cannot be granted, the parties shall arrange for time off at the earliest possible time thereafter. A grievance may be withdrawn in writing at any time by the Union or the Employee and if withdrawn shall not be resubmitted. All grievances shall be processed in accordance with the following procedure. Grievances over final counseling or dismissal will begin at Step Two. For all other grievances, the parties may agree to waive Step One. For grievances filed directly at Step Two, the grievant will have thirty (30) calendar days from the occurrence of the situation, condition or action that caused the grievant to file. Within thirty (30) calendar days of the occurrence of a situation, condition, or action that caused the grievance, the employee(s) affected and/or the xxxxxxx or Union representative shall present the grievance to the employee’s immediate supervisor for resolution. The Human Resources Consultant may also attend, if so desires willdesired by the University. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee’s immediate supervisor, the grievance may be presented to the next higher level of supervision. In the event the employee’s immediate supervisor does not have authority to resolve the grievance, the grievance will be presented at the level having authority to act as determined by the Employer. The Employer will respond within five (5) calendar days of the alleged violation bring this meeting. In the event an employee files a grievance outside the department in which the employee is employed and the grievance cannot be resolved at Step One, the grievance will be processed at Step Two by the level of management as designated by the University in the department which has been named in the grievance. If a satisfactory settlement is not reached in Step One, and the employee wishes to the attention of Supervisor. After discussion with Supervisor, if pursue the matter is not settled satisfactorilyfurther, the following steps in the Grievance procedure shall apply: One: The said grievance shall be in writing. The Local Chairperson or Representative shall present put into writing on the agreed upon grievance form and referred to the Director department head or designee or to the next appropriate level of Human Resources or Representative management and the Office of Labor Relations within ten fifteen (1015) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step, the Union agrees to cite all known sections of the Agreement and/or written policy or practice allegedly violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a xxxxxxx and a union staff representative. The University will be represented by the appropriate management official(s) or designee(s), a representative from the date Office of Labor Relations, and a Human Resources Consultant, if desired by the grievance originatedUniversity. The Company Representative responsible shall answer the grievance University will respond in writing within ten (10) calendar days after the grievance was presenteddays. If a satisfactory settlement is not reached at Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or grievant with authorization from the Accredited Representative Union may appeal submit the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties written grievance within fifteen (15) calendar days so that related facts to the Office of Labor Relations requesting grievance mediation. A response to the request will be subjected issued within ten (10) days. Upon mutual agreement, the Employer and the Union shall request, within ten (10) calendar days, grievance mediation services of the Public Employment Relations Commission (PERC). If those services are unavailable on a timely basis, the parties shall immediately request a list of grievance mediators from the Federal Mediation and Conciliation Service (FMCS) or other agreed upon mediation provider. The cost of the mediation shall be borne equally by both parties. If a satisfactory settlement is not reached at the prior step, either of the signatory parties to examinationthis Agreement may submit the grievance to binding arbitration. Such submittal must be made within thirty (30) calendar days following the conclusion of the prior step. The arbitration process will be administered by the PERC using a list of designated arbitrators established in accordance with RCW 41.58.070. No later than seven (7) working days prior to the scheduled arbitration meeting, the parties will submit questions of arbitrability to the arbitrator for preliminary determination, share the name of each witness intending to testify at the hearing, and attempt to agree upon the issue statement. A copy of written materials submitted to the arbitrator will be provided to the opposing party. The parties agree that the arbitrator shall have no power to render a decision that adds to, subtracts from, alters or modifies in any way the terms and conditions of the Agreement. The parties further agree that the decision of the arbitrator will be final and binding upon all parties. The Union or the Employer will have the right to request the arbitrator to require the presence of witnesses and/or documents. The cost of the arbitration shall be borne equally by the parties and each party shall bear the full cost of presenting its own case including any expert or attorney’s fees and costs. The arbitrator’s decision shall be rendered made in writing and the arbitrator shall be encouraged to render the decision within fifteen thirty (1530) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt close of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writingarbitration. In cases when an employee where a grievance is investigated as a result moved to arbitration and the parties did not avail themselves of an alleged misdemeanorStep Three: Grievance Mediation, the Director moving party shall have the unilateral right to demand a pre-arbitration settlement conference. These conferences shall not delay the arbitration process, and may be held with or without the presence of the related department or their designated representative and/or arbitrator, at the Director option of Human Resources will investigate the incident with all related parties prior to moving party. In the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guestsevent that an arbitrator is present, the Company shall not inscribe on cost of the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee arbitrator’s participation shall be notified of anything inscribed on recordborne equally by the parties. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or Grievance documents shall be sent to maintained separately from employee personnel files. Employee personnel files will accurately reflect the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding final outcome of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEgrievance.

Appears in 1 contract

Samples: hr.uw.edu

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage A bargaining unit member, upon request, may obtain, under M.G.L. Chapter 150E, Section 12, a rebate under current rules of the Grievance procedureMassachusetts Department of Labor Relations. It is understood that a reasonable amount A bargaining unit member may consent in writing to the authorization of time may be spent by members the deduction of the agency fee from his/her wages and to the designation of the Union Grievance Committee as the recipient thereof. Such consent shall be in order a form acceptable to investigate the Administration and participate shall bear the signature of the bargaining unit member. Said form may be completed on-line as an electronic form or completed, printed, and sent to the campus personnel office. A bargaining unit member may withdraw his/her agency fee authorization by submitting the withdrawal form at least 60 days’ in grievance matters advance to the campus personnel office. The bargaining unit member shall secure FSU signature prior to submitting the withdrawal request. The Administration shall deduct the agency fee from the pay of the bargaining unit members who request such deductions in accordance with this Article and transmit such funds in accordance with University policy as of July 1, 1977, to the Union agrees that the members treasurer of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar 30 days after the grievance was presentedlast day of the month in which the deduction is made together with a list of bargaining unit members whose agency fees are transmitted, provided that the Administration is satisfied by such evidence that it may require that the treasurer of the Union has given a bond, in a form approved by the Administration, for the faithful performance of his/her duties in a sum and with such surety or securities as are satisfactory to the Administration. Step Two: The Administration shall provide to the Union on the same date each month a current list of all bargaining unit members who are not having Union dues or agency fee deducted from their wages. This Article shall not become operative until the Agreement has been formally executed, pursuant to a vote of a majority of all bargaining unit members in the bargaining unit present and voting. Upon the request of the Union, the Administration shall suspend for one week without gross pay (1/52nd of annual salary) any bargaining unit member who, after proper annual notice and final demand, has refused to pay the agency fee or failed to challenge its validity by filing a timely charge at the Massachusetts Department of Labor Relations. Within ten (10) 30 calendar days of receipt of the decision under Step Onesuch request, accompanied by proof of notice and of final demand, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both notify the Union and the employee shall be required to acknowledge receipt of same. Any written reply from individual bargaining unit members whose names appear on such request that the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day week suspension without gross pay shall occur during the next one (1) available week when classes are not in advance session. The Union will intervene in and defend any administrative or court litigation concerning the propriety of such a hearingsuspension for failure to pay the agency fee. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that In such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitslitigation, the grievance will be considered Administration shall have no obligation to have been dropped. Where a decision with respect to such a grievance is not rendered by defend the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance proceduresuspension. When a written grievance based on a claim for unpaid wages bargaining unit member is not progressed by suspended without gross pay under the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer terms of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limitsthis Article, the claim will be paid. The application of this rule Administration shall not constitute pay an interpretation of amount equal to the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEone (1) week’s salary into a student scholarship fund.

Appears in 1 contract

Samples: Boston Campus Agreement

GRIEVANCE PROCEDURE. The Employees are encouraged to this Agreement agree that discuss all steps shall be taken to assure that grievances shall be adjusted or finalized problematic situations with their immediate Supervisor as quickly soon as possible, with the aim of finding a solution. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of Should an employee or the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees believe that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any the provisions of the Collective this Agreement have not been complied with, the following procedure shall apply: Step A complaint or grievance shall be presented to the Manager concerned or in his absence, his designate within thirty (30) days of the date of the alleged incident, by not more than two (2) Union representatives, which may include the employee with Representativeconcerned, if so desires willand the Manager or in his absence, his designate shall render his decision within five (5) calendar days days, and communicate it to the designated Grievance Officer unless the grievance has been presented by the employee alone. Step If a complaint or grievance is not adjusted to the satisfaction of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance Union under Step it shall be taken up within twenty (20) days with the Regional Vice-president or, in writing. The Local Chairperson or Representative his absence, his designate, who shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the render his decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected days. If the Union and the Corporation are unable to examination. A written decision shall be rendered within fifteen (15) calendar days agree to the adjustment of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated any grievance either party may, in Step Twowriting, may within sixty (60) calendar days, refer the grievance to an Arbitrator. Should neither party choose to refer the grievance within the time period herein, the grievance shall be deemed to have been abandoned. The parties agree to name Picher or Xxxxxxxxxx, as sole Arbitrator, to arbitrate all outstanding grievances under this Agreement. If Picher or Xxxxxxxxxx cannot find an available date within ninety (90) days advise for a hearing, the President and/or designated Management employee parties agree to name another Arbitrator to cover such situations. Page If mutual agreement cannot be reached as to the selection of Tower by letter an Arbitrator, either party may then request the Federal Minister of intention Labour to appeal appoint an Arbitrator. An Arbitrator, to arbitration which a matter is referred, shall hear all evidence in the manner prescribed in Article case and shall render a decision which decision shall be final and binding upon the parties to Agreement. The President and/or designated Management employee upon receipt costs of the written advanceArbitrator shall be borne equally between the parties to this An Arbitrator is not authorized to alter, modify or amend any part of this Agreement provided that the Arbitrator shall have the power to make a just and equitable determination of questions concerning discipline and discharge and this shall include the right to award with, or without, degrees of compensation. The Corporation the Union may request the Arbitrator to act as a This process would allow the Mediator to assist in resolving the dispute before arbitration if a mutual agreement can be reached between the Corporation and the Union. Before an arbitration takes place, both parties will respond within ten calendar days if decides meet for discovery to change ensure disclosure of information pertinent to the decision rendered in case and to avoid surprises during the particular casearbitration process. All time limits Documents not disclosed before the arbitration takes place shall not be admitted into evidence during the arbitration process with the exception of jurisprudence, documents of precedence, and any documents that are specified herein felt necessary by one or the other party for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated completion of the evidence as a result of an alleged misdemeanor, testimony rendered during the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal documentarbitration process. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used Time limits provided for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in writingrespect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. Where Upon application, a Union Committee of not more than two (2) employees shall be granted necessary leave of absence with pay for the term “calendar days” is used, Saturdays, Sundays investigation and holidays are excluded. ARTICLEpresentation of complaints or grievances.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps Within five working days a grievance has been referred him/her, the Divisional Director, or his/her designate, shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate meet with the Company in not conducting investigations in and a manner which will unduly interfere with Union Representative to discuss the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this A written reply to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writinggiven within ten working days this meeting has been held. The Local Chairperson or Representative shall present If the reply at Step No. 1 is not satisfactory to the nurse concerned, the grievance may, within ten working days following the said reply, be referred to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originatedResources. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar working days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case a grievance has been referred to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or him/her the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guestsResources, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources his/her designate shall meet with the Local Chairperson, the employee and Supervisor, a Union Representative and a Grievance to discuss the offense in questiongrievance. Within three (3) days At this meeting a representative of such discussion, the employee Canadian Union of Public Employees will attend if either party requests. A written reply to the grievance will be notified of any discipline in writing and given within ten working days this meeting has been held. If a grievance involves the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding discharge of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative nurse, then reasons for discharge shall be given in writing writing. Such a complete list of the charges against and any evidence grievance shall proceed directly to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedureprocedure and must be presented in writing, dated and signed, by both the and a Union Representative within ten working days following discharge. Should A grievance claiming unjust discharge may be settled by confirming the employee be exoneratedEmployer’s action or by reinstating the nurse and making whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties, or an Arbitration Board. The Employer or the Union may file a grievance concerning the general application or interpretation of this Agreement, Said grievance shall be paid at regular rate of pay for any time lostreduced to writing, dated and signed, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted processed at Step One 2 of the grievance procedureprocedure within twenty working days after the circumstances causing the grievance. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such If a grievance is not rendered to be referred to arbitration by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitseither party, it shall be considered dropped. When so referred within ten (I working days the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEreply at Step No.

Appears in 1 contract

Samples: Local

GRIEVANCE PROCEDURE. An employee having a complaint should first take it up verbally with his immediate supervisor, giving him the opportunity of adjusting the condition causing the complaint before lodging a grievance. The employee request his Union Xxxxxxx to be present when taking up a complaint with his Supervisor. A grievance may arise only from a dispute concerning the interpretation,application, administration or alleged violation of this Agreement. A grievance shall be processed in accordance with the following steps, or as set out in and Any request by an employee to discuss a complaint or grievance with his Union Representative will be granted within a reasonable period of time, without undue delay. The employee will be granted a reasonable period of time, without loss of pay, to discuss or file a grievance in the Union Office. STEP ONE grievances should, as far as is possible, identify the Article, clause or clauses of this Agreement agree that all steps shall which are alleged to have been violated, describe the specific problems and he signed by the aggrieved employee. The grievance must be taken presented in writing by the Xxxxxxx to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage Supervisor within ten working days of the Grievance procedureincident giving rise to the grievance, or the time the employee becomes aware, or reasonably should have become aware of the incident. It is understood that a reasonable amount of time For grievances involving suspensionsor discharge refer to Article the aggrieved employee may be spent by members present at this and all subsequent discussions related to the grievance. The Supervisor shall render his decision to the Xxxxxxx in writing giving reasons for his decision, within two (2) working days of receipt of the Union Grievance Committee in order to investigate and participate in grievance matters and written grievance. STEP TWO If the Union agrees that the members decision of the Union Grievance Committee will cooperate with Supervisor is not satisfactory the Company Committeeperson shall, within two (2) working days of receipt of the answer in not conducting investigations in a manner which will unduly interfere with STEP ONE, refer the Company's operationsgrievance to the next level of management. The Company agrees that it shall will meet with the Committeeperson within two (2) further working days to discuss the grievance. The Xxxxxxx be in attendance at this meeting. The Company will give its decision in writing giving reasons for its decision to the Committeeperson within three (3) working days after the meeting was held. STEP THREE If the decision of the Company is not prevent satisfactory,the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure Chairperson shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) working days of the receipt of the answer in STEP TWO, refer the grievance to the appropriate Department Manager. The Department Manager will meet with the Plant Corninittee in five (5) further working days to discuss the grievance, and will give its decision in writing giving reasons for his decision to the Committee Chairperson within five (5) working days after the meeting has been held. The Xxxxxxx be present at this meeting. To avoid the necessity of processing numerous grievances concerning the same subject or event, the Company will recognize Group Grievances provided that each aggrieved employee signs the grievance and the grievance is processed as provided in If either party has a complaint with respect to a representative of the other, or alleges that there has been a misrepresentation, violation or non-application of this Agreement, or of any of the provisions hereof, then either party within thirty (30) calendar days of the alleged violation bring this incident giving rise to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance give to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance other notice in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writingsuch grievance. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union such grievance be filed by the Corninittee Chairperson and for the employee shall be required to acknowledge receipt of same. Any written reply from Company by the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in questionappropriate Department Manager. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEthree

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree It is the mutual desire of the parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized as quickly as possible. Every effort will No grievance shall be made considered where the circumstances giving rise it occurred or originated more than five working days before the filing of the grievance. However, when an employee’s grievance is of such a nature that the employee concerned could not have been aware of its alleged occurrence at the actual date of same, the grievance be deemed, for all purposes, to settle disputes during have occurred on the early stage first date on which the employee could reasonably have had such awareness. Grievances properly arising under this Agreement shall be adjusted and as follows: The term “working days” shall exclude Saturdays and Sundays and paid Public Holidays as recognized under this Agreement. Step No. (Immediate Supervisor, Department Head or Designate) If an employee has any complaints or questions which wishes to discuss with the Company shall take the matter up with immediate Supervisor, Department Head Designate (such Designate shall not be the Manager of at the employee’s option and may accompanied by Shop Xxxxxxx if requests such assistance. If such complaint or questions are not settled to the satisfaction of the employe? concerned within seven (7) working days, then the following steps of the grievance procedure may invoked in order. It is agreed that any resolution at this step of the Grievance procedureProcedure shall be on a prejudice” basis and shall not conflict with the terms of this Agreement, except as the parties mutually agree. It is understood that Step No. (Manager of Human Resources) Within seven (7) working days after receiving the response from Step No. or the date on which the response from Step No. was due to be received, any employee having a reasonable amount grievance, or any one employee designated as a member of time may be spent by members of employees having a grievance, shall refer the grievance to the Union Grievance Committee in order where it shall be reduced to investigate writing and participate in be presented to the of Human Resources or designate. The grievance matters shall contain the of all to whom it applies. The Manager of Human Resources or designate shall meet with the local Union Business Representative, Shop Xxxxxxx and the Union agrees that the members of and provide an answer to the Union Grievance Committee will cooperate with in writing within seven (7) working after the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsmeeting at Step No. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievancesStep No. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5General Manager) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if If the matter is not settled satisfactorily, at Step No. the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Union Business Representative shall present take up the grievance to in a meeting with the Director General Manager or designate within seven (7) working after the Union receives the answer from the Manager of Human Resources or designate at Step No. The General Manager or designate shall meet with the Union Business Representative and deal with the grievance and provide an answer to the Union in writing within ten seven (107) calendar working days after receiving it. Step No. Referral to Arbitration If the grievance is not settled within a period of seven (7) working after it has been presented to the General Manager or designated representative, then, at request of either party to this Agreement, the grievance may be referred to arbitration. The request for arbitration must be made in writing within seven (7) working days receiving the response from Step No. or within seven (7) working days of the date the grievance originatedresponse Step No. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case due to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular casereceived. All time limits contained herein and in Article and Article shall Saturdays, Sundays and declared Holidays. The parties are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at agreed that the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and outlined herein may be extended by mutual agreement in writing. Where If a grievance is not processed by either of the term “calendar days” is usedparties within the respective limits set forth above or such time limit as agreed upon by the parties, Saturdaysthe grievance shall automatically proceed to the next step of the grievance procedure, Sundays and holidays are excluded. ARTICLEincluding arbitration.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE PROCEDURE. The Any differencearising between the parties to this Agreement agree to the meaning, or application of this Agreement, that all steps the Agreement has been may be the subject of a grievance and shall be taken to assure that grievances in the manner following. No grievance shall be adjusted processed through the grievance procedure which is not initiated by the Union within twenty-five (25) days after the incident giving rise to the grievance or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage within twenty-five days of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members Employee becoming aware of the Union Grievance Committee in order incident giving rise to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee Employee who believes has been feels that they have a may discuss the matter with the Department Head or is being unjustly dealt with, or that any provisions of the Collective Agreement designate. The Employee may have not been with, the employee with Representativea Union Representative present, if so desires willdesired, within five (5) calendar days When any complaint cannot be settled by the foregoinginformal process, the formal grievance may be invoked. Subject to Articles and it is agreed that the presentation and of any grievance herein, including any arbitration as specified in Article must conform to the applicable procedure and time STEP If the Employee or the Union not satisfied with the decision of the alleged violation bring this to Department Head or designate the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative Union may within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step Oneor the date the decision have been given, the Local Chairperson and/or the Accredited Representative may appeal the case present a grievance writing to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step TwoDirector, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advanceHuman Resources, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two first level of the grievance procedure. Should If the employee be exoneratedI, shall be paid at regular rate of pay for any time lostto June Union does not receive a reply or satisfactory settlement within ten (10) days from the date the Union presented the grievance to the Director, and Human Resources; the record Unionmay proceed to Step Two. Within ten days from receipt of the employee shall be cleared of decision, or the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond date a period of ninety (90) calendar days prior decision should have been given in Step One, the Union may present the grievance in writing either by personal service or by registered mail to the date that such grievance was submitted at Step One of Vice-President (Administration) as the second level in the grievance procedure. The Vice-President (Administration)shall reply, in writing, to the Union, within ten (10) days from the data grievance was presented at Step Two. If the Union does not receive a reply or satisfactory settlement of a grievance at Step Two, the Union may refer the grievance to arbitration provided Article Where a grievance other than one based on is presented or at any meeting in accordance with the process, or hearing relating to a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsgrievance, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer affected and representative of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it Union Local shall be considered droppedgiven the necessary time offwithout loss of pay. When In determining the appropriate officer of time in which any step under the Company fails foregoing procedures is to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is usedtaken, Saturdays, Sundays and holidays are Sundays,recognized holidays, or authorized leave with pay shall be excluded. ARTICLEWhere either party to this Agreement disputes the general application, or alleges a violation of an article of this Agreement, the dispute shall be discussed with the University or the Union, as the case may be. Where no agreement is reached, either party may submit the dispute to arbitration, provided in Article of this Agreement. At the request of either party to this Agreement, it may be mutually agreed to extend the time limits specified herein.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The 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 this Agreement agree including any question as to whether a matter is arbitrable. It is the mutual desire of the parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It possible and it is understood that an employee has no grievance until the employee has first given the employee's immediate supervisor the opportunity of adjusting the employee's complaint. If an employee has a reasonable amount complaint, such complaint shall be discussed with the employee's immediate supervisor within ten (10) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate supervisor is unable to adjust the complaint to their mutual satisfaction within five (5)calendar days, the employee may proceed with the grievance procedure within five (5) calendar days following the decision of time the immediate supemisor. A of an employee properly arising under this Agreement shall be adjusted and settled as follows: Step The employee must submit a written grievance, with the assistance of a union xxxxxxx, if desired, signed and dated by the employee, to the employee's immediate supervisor. The nature of the grievance and the remedy sought shall, if possible, be set out in the grievance. The immediate supervisor shall deliver the employee's decision in writing within five (5)calendar days after receipt of the grievance in writing. Failing settlement, the next step in the grievance procedure may be spent taken. Step Within five (5) calendar days following the decision under Step the employee must submit the written grievance to the Department Head (or the employee's designate) or, where the Department Head is the immediate supemisor, then the grievance must be submitted to the Department Head's immediate supervisor. The parties may, if' it is mutually agreed, meet to discuss the grievance at a time and place suitable to both parties. Such meeting shall include the and a union xxxxxxx who may be accompanied by members a member of the Union Grievance Committee Committee, as well as not more than an equal number of Hospital representatives. The appropriate Hospital representative will respond to the grievance in order with a copy to investigate and participate in grievance matters and the Union agrees that the members Xxxxxxx, within five (5) days of receipt of the Union grievance or such other mutually agreed-to time. Failing settlement, the next step in the grievance procedure may be taken. Step Within five (5)calendar days following the decision under Step the grievance must be submitted to the Executive Director (or his designate), to be discussed at a meeting between the Executive Director (or his designate), the Grievance Committee will cooperate with Committee, including the Company in not conducting investigations in a manner which will unduly interfere with within five (5) days of receipt of the Company's operationsgrievance. Either party may have assistance from outside the Hospital at the meeting if desired. The Company agrees that it Executive Director (or his designate) shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, give his written disposition within five (5) calendar days of the alleged violation bring this to date of the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson aforesaid meeting or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar 10)calendar days from of submission at the date third step if no held. Failing settlement, either party may submit the grievance originated. The Company Representative responsible shall answer the grievance in writing matter to arbitration within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEgiven.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The Definition‌ An employee with a complaint considered to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted a violation or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage misinterpretation or inequitable application of any of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, may register a complaint in the employee following manner: Informal Appeal Discuss the complaint with Representative, if so desires will, the appropriate supervisor with the object of resolving the matter informally. Level One The grievance must be presented to the appropriate supervisor within five (5) calendar work days after the date of the occurrence or within twenty (20) work days of knowledge of the occurrence should extenuating circumstances exist. A written response will be provided within five (5) work days. Level Two If the employee is not satisfied at Level One, a written grievance shall be filed within five (5) work days of the alleged violation bring this appropriate supervisor’s response with the administrator designated to be involved at Level Two who shall review the claim and provide a written decision to the attention of SupervisorUnion President, Chief Xxxxxxx, and the grievant within five (5) work days after the meeting. After discussion with Supervisor, if Level Three If the matter Union is not settled satisfactorilysatisfied at Level Two, the following steps in the Grievance procedure shall apply: One: The grievance shall be filed in writingwriting within five (5) work days of the Level Two response with the administrator designated to hear Level Three grievances. Upon receipt of the claim, a hearing shall be scheduled within five (5) work days. The Local Chairperson or Staff Representative from Council 25 AFSCME shall present be notified of the hearing. If the grievance is not resolved at Level Three, a written decision shall be issued to the Union President, Chief Xxxxxxx, and the grievant within five (5) work days after the hearing. Level Four If the Union is not satisfied at Level Three, the Union may file the grievance to arbitration within thirty (30) work days after receipt of the Director of Human Resources or Representative within ten (10) calendar days decision from Level Three, and by written notice to the date the grievance originatedBoard. The Company Representative responsible cost of the arbitrator’s services, including expenses if any, shall answer be borne equally by the grievance in writing within ten (10) calendar days after Union and the grievance was presentedBoard. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) work days after the incident within the Tower comes such notice to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. Howeverarbitrate, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee Board shall endeavor to agree upon a mutually acceptable arbitrator. If the parties are unable to agree, a request for a list of arbitrators shall be required made to acknowledge receipt the American Arbitration Association by the party seeking arbitration. The parties shall be bound by the rules and procedures of samethe American Arbitration Association in the selection of the arbitrator. Any written reply The arbitrator so selected shall hear the matter as promptly as possible and shall issue the decision within thirty (30) days from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature date of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified close of the hearing. At The arbitrator’s decision will be in writing and shall set forth findings of facts, reasoning, and conclusions on the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support caseissue submitted. The employee must also be represented by the local Union representationarbitrator’s powers stem from this Agreement. The arbitrator’s function is to interpret and apply this Agreement and to pass upon alleged violations thereof. The arbitrator shall have no power to add to, and/or an accredited representative subtract from, or modify any of the CAWterms of this Agreement, nor shall have any authority to make any decision which requires the commission of an act prohibited by law, or which is violative of the terms of this Agreement. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, arbitrator shall be paid at regular rate of pay for any time lostfinal and binding upon the Board, Union and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEgrievant.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. The to Unless otherwise provided for in this Agreement agree that all steps shall Agree- ment, every subject of joint discussion will first be taken up by the Union and the Company in accordance with the procedures provided for in this Agreement, and every effort will be made by the parties to assure that grievances shall be adjusted or finalized reach a mutually satisfactory agreement as quickly as possible. Every effort If an employee wishes to have a grievance or complaint taken up, it will first be taken up orally with his Xxxxxxx. He may do this personally, with or without his Xxxxxxx or he may request the Xxxxxxx to do it for him. The employee will be made present when the matter is discussed by the Xxxxxxx and the Xxxxxxx if the Xxxxxxx or Xxxxxxx so requests. If an employee has requested his Xxxxxxx to settle disputes during be a party to the early stage presentation of the Grievance proceduregrievance, the Xxxxxxx shall be present on any subsequent discussions of the grievance with the employee while the grievance is being pro- cessed, except that if such discussion takes place with the Manager’s Committee, or the President’s Designate, or during proceed- ings under Article Arbitration, the employee may instead be represented by other representatives of the Union, as pro- vided for in this Article. It is understood that a reasonable amount of time The Xxxxxxx will reply to the grievance orally within four hours after its presentation or within any longer period which may be spent mutually agreed upon. If the Xxxxxxx’x answer is not satisfactory the grievance may be submitted in writing and given to the Xxxxxxx. Any grievance requiring further processing from the previous Section may be referred by members of the Union Grievance Panel to the Manager’s Committee within eight working days of the grievance being committed to writing in order the previous step. The Union Grievance Panel will give the Manager’s Committee at least four working days notice in writing of any grievance to investigate be discussed. The Man- ager’s Committee will establish a regular day on which, each week, it will meet with a Grievance Committee composed of not more than three employees if there are any such grievances to discuss, and participate in grievance matters and the Union agrees that the members of will take up all grievances processed to this stage. After hearing the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions Panel’s presentation of the Collective Agreement have not been withgrievance, the employee with Representative, if so desires Manager’s Committee will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE:

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An Step One - Any employee who believes feels he has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The a grievance shall be in writing. The Local Chairperson or Representative shall present first submit the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance xxxxxxx in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended on forms to be supplied by the Local Chairperson Company through his Committeeperson, and a bona fide effort will be made to settle the grievance at this step of the procedure. If the grievance is satisfactorily adjusted the fact shall be noted in writing on all copies of the forms and signed by the supervisor and the CompanyCommitteeperson. Step Two - If the alleged grievance is not satisfactory settled by the supervisor by the end of the work day following receipt of the grievance, without the grievance shall be placed upon an agenda to be prepared by the bargaining committee for consideration at the conference next following between management and the committee. Step Three - Regular meetings may be held every second week on a day mutually agreed upon between management and the plant union committee, at which time all grievance differences unsettled at that time may be discussed. However, matters pertaining to discharge or other matters which cannot be reasonably delayed, may be presented at any time. The Union will submit its agenda concerning certain items to be discussed at least twenty-four (24) hours before the time of the meeting. The Company agrees to furnish the Union plant committee with minutes it prepared of regular meetings between the Union and management's decision on appeals taken up at a conference shall be on type written form and shall be rendered to the chairperson of the bargaining committee not later than two (2) working days after the holding of the conference. Grievances of a hearingcontentious nature will be answered separately within twenty-four (24) hours of the request in the conference. The employee must President of Local 251 UAW and/or the International Representative thereof, designated from time to time by the Union for the purpose, may be notified present and take part in such conferences. Either the Union or the Company may call in specialists at least one (1) working day in advance any time. Step Four - Where a difference arises between the parties relating to interpretation, application or administration of such this Agreement, including any question as to whether a hearing. The employee matter is arbitrable, or representative shall be given in writing a complete list where an allegation is made that this Agreement has been violated, either of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representationparties may, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of after exhausting the grievance procedure, notify the other party in writing of its desire to submit the difference or allegation to arbitration. Should Within ten (10) days from the employee be exonerated, shall be paid at regular rate date of pay for any time lost, and the record receipt of the employee shall notice of appeal, grievances appealed to arbitration will be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior presented to the date arbitrators hereinafter described who will act in rotation in the order that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEtheir names appear.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. Any difference between any employee covered by this agreement and the Board, or in a proper case between.the Local of The Alberta Teachers, Association and the Board concerning the interpretation, application, operation or alleged violation of this agreement, and further, including any dispute as to this Agreement agree that all steps whether the difference is arbitrable, shall be taken dealt with as follows without stoppage of work or to assure that grievances perform work. Such difference (hereinafter called "a grievance") shall first be submitted in writing to the secretary-treasurerof the Board and the chairman of the Economic Policy Committee of the Aspen View Local Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated and the remedy sought and shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during submitted within school days from the early stage day the grievant first had knowledge of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of incident giving rise to the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of In the Collective Agreement have not been with, event the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter grievance is not settled satisfactorilywithin days after the date of submission of the grievance in accordancewith the above procedure, then on or before a further five days have elapsed from the expiration of the aforesaid day time period, the following steps teacher shall refer in writing to the Grievance procedure of the Board, who shall apply: One: notify the grievance committee which shall be composed of two representatives of the Board and two representatives of The Alberta Teachers' Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within days following receipt of the submission except whereby unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be in writingand binding. The Local Chairperson or Representative shall present If the grievance to does not reach a unanimous or any decision within the Director said time, then either party may, by written notice served on the other party, require the establishment of Human Resources an arbitration board as hereinafter provided. Such notice may be given within days after the date of the aforesaid day limit expires or Representative within ten (10) calendar days from the date the grievance originatedcommittee renders other than a unanimous decision, whichever is shorter. Each party shall one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The Company Representative responsible two members so appointed shall, within five days of the appointment of the second of them appoint a third person who shall answer be the grievance in writing within ten (10) calendar chairman. In the event of any failure to appoint, any party may request the Minister of the Department of Labour to make the necessary appointment. The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard. Aspen View Regional Division No p The arbitration board shall not change, amend or alter any of the of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement. The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not the decision of the chairman governs and it shall be deemed to be the award of the Board. The arbitration board shall give its decision not later than days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt appointment of the decision under Step Onechairman, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so provided however that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All this time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement written consent of the parties. Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman. the aforesaid time limits referred to in writing. Where the term “calendar days” is used, grievance procedure shall be exclusive of Saturdays, Sundays and holidays are excludedstatutory holidays. ARTICLEIn the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the Board) the grieving party fails to take the necessary action within the time specified, the grievance shall be deemed be at an end. Any of the aforesaid time hits may be extended at any stage upon the written consent of the parties.

Appears in 1 contract

Samples: negotech.service.canada.ca

GRIEVANCE PROCEDURE. The Should a dispute arise between the Employer and the employee regarding the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter is or where an allegation is made that this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every has been violated, an xxxxxxx effort will should be made to settle disputes during the early stage dispute in the following manner: STEP An employee or employees having a grievance or complaint shall first present the same in writing to his/her Xxxxxxx. STEP The employee concerned together with his/her Xxxxxxx or member of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willshall, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) seven calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt circumstances giving rise to the complaint have occurred, submit the signed in writing to his/her immediate supervisor, or if he/she be a member of the decision under Step OneFood Services Department, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step TwoDepartment Head Food Services, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless stating the nature of the offense warrants itgrievance, the employee will not be held out of service pending discipline. When the nature of remedy sought and specify the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3violation(s) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The supervisor or Department Head Food Services shall thereupon render a decision in writing within calendar days following receipt of the grievance. STEP If the decision under Step 2 is unacceptable to the he/she may, within calendar days following receipt of such decision, together with Xxxxxxx or a member of the Grievance Committee, submit the grievance in writing, if he/she be a member of the Housekeeping Department to the Director of Physical Plant Operations and if he/she be a member of the Maintenance Department, to the Director of Physical Plant and if he/she be a member of the Food Services Department. to the Department Head, Food Hospitality Services, and if he/she be a member of the Grounds Department to the Manager Housekeeping and Grounds. The said person shall render a decision thereon five calendar days following receipt of the Grievance. STEP If the grievance of a member of the Housekeeping Department or the Maintenance Department, as the case may be, is not settled, the may within five calendar days following receipt of the decision of the Manager -Housekeeping and Grounds, or the Maintenance Manager, as the case may be, submit the grievance in writing to the Director of Physical Plant Operations, who shall render a decision thereon within five calendar days following receipt of the grievance. If the decision rendered under Step 3 Is unacceptable to the he/she may, within calendar days following receipt of the said decision, submit the in writing to the Employee Relations Manager of the Employer. The Employee Relations Manager shall render a decision in writing five calendar days of receiving the same, except that the Employee Relations Manager shall call a meeting with the Grievance Committee hereinbefore referred to, at which time the may be in attendance if he/she so desires. In the event the Employee Relations Manager shall call such a meeting such meeting will be held within fourteen calendar days from the date upon which the grievance was submitted to the Employee Relations Manager Further, the event such meeting is called, the Employee Relations Manager shall within five calendar days of the date of such meeting render a decision in writing. STEP If the decision of the Employee Relations Manager is not acceptable to the the Union may, on the giving of notice within seven calendar days’ following receipt of the said notify the Employer through the Employee Relations Manager of his/her intention to refer the dispute to arbitration. The Employer shall grant sufficient time to a Xxxxxxx for the investigation and the adjustment of grievances without loss of pay. The Xxxxxxx shall notify and secure permission of his/her immediate supervisor when leaving and returning to his job to investigate or adjust a grievance, and such permission shall not be withheld. Replies to grievances shall be in writing at all stages. The Grievance Committee of the Union hereinbefore referred to shall be comprised of the Chief Xxxxxxx, the Xxxxxxx from the department, and one other employee who shall be a member of the Union executive or another Xxxxxxx. Any and all time limits as provided under fixed by this Article will apply equally to grievances originating with the Company and may may, at any time, be extended by written mutual agreement consent of both parties. The Union shall ensure that employees who submit a grievance state the Article(s) or clause(s) alleged to have been violated on the grievance form and at Steps and state on the original form, why they do not find acceptable the replies by representatives of the Employer. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they shall present a group grievance in writing. Where signed by each employee, to Employee Relations Manager within seven calendar days following the term “occurrence or origination of the common circumstances giving to the grievance commencing at Step 2 of the Grievance Procedure. The grievance shall then be treated throughout the balance of the Grievance Procedure as a single grievance. The Union shall have the to file a grievance based on a difference arising directly out of the Agreement concerning the interpretation, application, administration or alleged violation of this Agreement. A Union grievance shall be presented in writing, signed by the Union President or his/her designate to the Employee Relations Manager within seven calendar days” is used, Saturdays, Sundays and holidays are excludeddays after the circumstances giving to the complaint having occurred. ARTICLEThe grievance shall then be processed in accordance with Step 4 of the Procedure.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent agreed by members of both the Union Grievance Committee in order to investigate and participate in grievance matters Company and the Union agrees that should the members Industrial Relations Administrator be unavailable for presentation of a formal grievance and or step one of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withgrievance procedure, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after that case, will proceed directly to step two provided the grievance was presented. Step Two: Within ten (10) calendar is submitted within two working days of receipt following the rendering of the decision under Step OneSupervisor’s answer. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY XXXXXX MUSIC LETTER OF UNDERSTANDING RE: APPENDIX MEMORANDUM OF SETTLEMENT The Company will make every reasonable effort to ensure that no employee with ten or more years of seniority will work less than the Local Chairperson and/or number of insurable weeks per year required to qualify for benefits. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY XXXXXX MUSIC LETTER OF UNDERSTANDING RE: RECALL PROCEDURE (LESS THAN ONE WEEK) The Company and the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so Union agree that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance event of a formal document. An employee who had completed probationary period will not be disciplined in excess recall to work for a definite term and task of a written reprimand without a proper hearing. Notwithstanding complaints from guestsless than one week, the Company shall begin by recalling employees by order of seniority. If senior employees do not inscribe choose to return to work, the qualified junior employee on layoff (irrespective of shift) may be assigned the record work and must accept the recall. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY XXXXXX MUSIC LETTER OF UNDERSTANDING RE: TECHNOLOGICAL CHANGE (DATED APRIL 13,1985) If the numbers of permanent full-time employees are substantially reduced as a direct result of technological change, the Company agrees to advise the Union of the potential reduction of Unionized employees prior to any such change. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY XXXXXX MUSIC LETTER OF UNDERSTANDING RE: CONTRACTING OUT (DATED APRIL 13,1985) The Company will continue its practice concerning the above subject matter, with the understanding that it will not result in the layoff or delay of recall of any regular employee any complaint lodged more than fifteen (15) days after who has completed the incident within probationary period and has acquired proper seniority standing. The Company reserves the Tower comes right to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removedcontract out work. However, the Company will offer the opportunity to perform complete projects to the skilled trades group who are qualified, capable and competent in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearingskills. The employee use of skill trades must be notified at least one (1) working day cost competitive and be able to complete the job in advance the specified time frame. RATIFIED THIS 24th DAY OF SEPTEMBER AT SCARBOROUGH, ONTARIO. FOR THE UNION FOR THE COMPANY XXXXXX MUSIC LETTER OF UNDERSTANDING RE: MAINTENANCE OF PAY Employees unable to bump the most junior employee within their own wage rate classification, who are, by virtue of such existing language with regard to lay-off contained in the collective agreement, forced to accept a hearing. The employee or representative shall be given position in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exoneratedlower wage rate classification, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits treated as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEfollows:

Appears in 1 contract

Samples: The Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters Employer and the Union agrees that shall constantly strive to minimize cause for grievances. Therefore, to establish an effective method for fair, expeditious, and orderly adjustment of grievances, the members of the Union Grievance Committee will cooperate following procedure is established: A grievance is a complaint concerning a violation or noncompliance with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsterms of this Agreement. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to All grievances lodged by a group of employees and must be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, commenced within five (5) calendar actual working days after the union’s knowledge of the alleged violation bring this occurrence or the events given rise to the attention level of Supervisora grievance. After discussion Any other dispute may be referred to the Labor-Management meeting. STEP ONE: Employees having a grievance will see the immediate Supervisor who will promptly send for the Union Xxxxxxx within the Department. The employee and Xxxxxxx will discuss the grievance with the Supervisor who will make every reasonable effort to effect a settlement in accordance with the provisions of this Agreement. STEP TWO: If the grievance cannot be settled by the method outlined above, it shall be put in writing and within five (5) working days after discussing the matter with the Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance it shall be in writingsubmitted to the Supervisor or Department Head. The Local Chairperson Supervisor or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall Department Head will answer the grievance in writing within ten five (105) calendar working days and return the answered grievance to the Union Xxxxxxx. STEP THREE: If the grievance remains unsettled after going through Step 2, it may be submitted by an Officer of the Union or a Union Staff Representative to the Human Resources Department within five (5) working days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination2 answer. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee Board of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry County Commissioners will be held on an employee's file for a period of two (2) years and then removedmonthly. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both All grievances submitted by the Union and before the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed previous months deadline will be imposed without delayheard. In case of discipline involving potential suspension The deadline is the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature third Friday of the offense warrants itprevious month, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and but may be extended by mutual agreement in writingby the parties. Where The holding of a hearing will not delay the term “calendar days” written answer unless an extension of time is used, Saturdays, Sundays agreed upon by the parties. The Board of County Commissioners shall render a written decision no later than seven (7) working days after a grievance hearing before the County Commissioners. BINDING ARBITRATION: Grievances under this contract may be submitted to binding arbitration at the request of either party. Verbal and holidays are excluded. ARTICLEwritten warnings will be excluded from binding arbitration.

Appears in 1 contract

Samples: Article 1

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances Grievances shall be adjusted and finally settled without stoppage of work by the following steps: All differences concerning the interpretation, application or finalized as quickly as possible. Every effort will alleged violation of this Agreement shall be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent reported, in writing and signed by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representativeor Union member concerned, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Production Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected following the date the circumstances giving rise to examinationthe grievance became known or should reasonably have become known. A written decision The Production Director shall be rendered within give a reply in writing to the employee in the fifteen (15) calendar days that follow the presentation of hearing the appealgrievance. Three: Should If the Accredited Representative disagree reply of the Production Director judged unsatisfactory, the grievance may be referred in writing, within the seven (7)days that follow, to the Director General or his representative. The Director General or his representative shall reply within fourteen (14) days in writing and, if deemed necessary, a meeting may be called with the decision stated in Step TwoUnion representative, the employee and another person who the Director General or his representative may within sixty (60) days advise deem appropriate, at a time mutually agreed upon. Any grievance involving the President and/or designated Management employee interpretation, application or alleged violation of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure this Agreement may be extended, referredto arbitration by either party providing Steps and have been followed through to conclusion but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more no later than fifteen (15) days days, unless otherwise mutually agreed upon, after receipt by the incident within Union of the Tower comes decision of the Director General or his representative. The party desiring to submit to arbitration shall deliver to the attention other party a notice in writing of Managementits intentionto arbitrate. An employee This notice shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct state the matter at issue in concise terms and which could be used for shall state precisely in what respect the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. HoweverAgreement has been violated or misinterpreted, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent by reference to the employee and to the Local Chairperson at the time any entry specific clause or document is placed on the file and both the Union and the employee clauses relied upon. The notice shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless also stipulate the nature of the offense warrants itrelief or remedy sought. Within thirty (30) days of the date of delivery of the foregoing notice, the parties shall attempt to agree on the appointment of an Arbitrator. Should the parties fail to agree on the selection of an Arbitrator within the thirty (30) days prescribed in Clause the party requesting arbitration shall ask the Federal Minister of Labour to appoint one. The fee and expenses of an Arbitrator shall be borne equally by the parties. The Arbitrator shall hear and determine the difference and the decision shall be final and binding upon the parties and upon any employee affected by it. The Arbitrator shall have no power to alter, add to, subtract from, amend, modify, or substitute any part of this Agreement. Saturdays, Sundays and Legal holidays will not be held out of service pending discipline. When included in the nature limits of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application specified delays of this rule shall not constitute an interpretation of the Collective AgreementArticle. The time limits as provided under delays set forth in this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writingbetween the parties. Where The time delays shall be extended at the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLErequest of either party to allow for discussion of the matter by the Joint Consultation Committee.

Appears in 1 contract

Samples: Letter of Agreement

GRIEVANCE PROCEDURE. The to A grievance concerning the interpretation or alleged violation of this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted agreement, or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent an appeal by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes that has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, disciplined shall be processed in the following steps in the Grievance procedure shall applymanner: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) STEP Within calendar days from the date of cause of grievance the employee and/or the District Chairman may present the grievance originated. The Company Representative responsible shall answer the grievance orally or in writing to the immediate supervisor, who will give a decision as soon as possible, but in any case, within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of grievance. If the grievance is presented in writing the decision will also be given in writing. STEP Within calendar days of receiving the decision under Step One, the Local Chairperson and/or District Chairman or the Accredited Representative Asst. Division Vice-president may appeal the case decision in writing to the President and/or designated Management employee of TowerManager Operations. The President and/or designated Management employee will arrange appeal shall include a written statement of grievance and chair a meeting where it concerns the interpretation or alleged violation of the interested parties within fifteen (15) calendar days so that related facts collective agreement the statement shall identify the article and paragraphs of the Article involved. A decision will be subjected to examination. A written decision shall be rendered in writing within fifteen (15) calendar days of hearing receiving the appeal. Three: Should the Accredited Representative disagree with STEP Within calendar days of receiving the decision stated in under Step Two, the Asst. Division Vice-president may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior writing to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guestsPresident, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry whose decision will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing rendered in writing within three (3) calendar days thereafterof receiving the appeal. Ifthe employee A grievance or appeal which is not satisfied with settled at the decision, President's level may process case further, commencing at Step Two be progressed for final settlement under the provisions of the Article Except as provided in Article any grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW Brotherhood within the prescribed time limits shall be considered settled on the basis of the last decision and shall not be subject to further appeal. Where a decision is not rendered by the appropriate officer of the company within the prescribed time limits, the grievance will may be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed progressed to the next step of in the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW Brotherhood within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, limits the claim will be paid. The application of this rule Article shall not constitute an interpretation of the Collective Agreementcollective agreement. The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of calendar days prior to the date that such grievance was submitted at Step of the Grievance Procedure. The time limits as provided under specified in this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEagreement.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The teachers attached to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by each Centre who are members of the Union shall appoint not more than three (3) teachers to be members of a committee which shall be known as the Grievance Committee in order to investigate and participate in grievance matters committee and the function of which shall be to deal with grievances. The Union agrees that inform the Committee of the Board in writing of the members of the Union each Grievance Committee will cooperate with and of any change in the Company in not conducting investigations in membership thereof. Where a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent teacher has a dispute the Committee from properly fulfilling of the Board, or its obligations to investigate representative, regarding interpretation, or any alleged violation of this Agreement, the dispute shall constitute a grievance and settle grievances. The Grievance Procedure the following procedure shall apply equally to grievances lodged every such grievance: within fifteen clear days after the alleged grievance has come to the attention of the teacher, the teacher may present grievance in writing to the Director of the Centre or to some person designated by the Director, and the teacher shall forthwith provide the Grievance Committee with a group copy of employees and be processed as an individual the grievance. An employee who believes has been or is being unjustly dealt with; within fifteen (15) clear days of receipt of the grievance by the Director, or that any provisions by the person designated by the Director, the Director, or the person designated by the Director, shall reply writing to the teacher and forthwith provide the Grievance Committee with a copy of the Collective Agreement have reply; if the reply is not been withacceptable to the teacher, the employee with RepresentativeGrievance Committee, if so desires will, the Director and the Superintendent shall meet within five (5) calendar clear days and endeavour to settle the griev- ance; if the Grievance Committee, the Director and I the Superintendent are unable to settle the grievance as a result of the meeting, the Grievance Committee may within ten clear days of the alleged violation bring this meeting with the Director and the Superintendent deliver notice in writing to the attention Secretary of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, Committee of the following steps in Board of the intention of the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present to refer the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt Committee of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties Board; within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar clear days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two referral of the grievance procedure. Should to the employee be exoneratedCommittee of the Board, shall be paid at regular rate the Committee of pay for any time lost, the Board and the record of Grievance Committee shall meet and endeavour to settle the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEgrievance;

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The For the purposes of this a Grievance shall mean any difference the interpretation, application, administration or alleged violation of the provisions of this Agreement. Before resorting to this Agreement agree that all steps the Formal Grievance Procedure, the complaint, which may lead to a formal grievance, may be discussed with the Chief in an effort to resolve the complaint. When a grievance occurs, the aggrieved employee shall first contact the Grievance committee by submitting the grievance in duplicate, and in writing, signed by the Griever. If the grievance is accepted by the Grievance Committee, (one) copy of the shall be taken forwarded to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, Chief within five (5) calendar ten working days of the alleged violation bring this to grievance. Within ten normal working days after notification of a grievance is received by the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorilyFire Chief, the following steps in aggrieved employee, represented and accompanied by the Grievance procedure Committee and all parties concerned, shall apply: One: The grievance meet with the Fire Chief and Deputy Chief to have the Grievance heard. A decision and reason therefore shall be in writingrendered by the Fire Chief within five further working days after this meeting. The Local Chairperson or Representative shall Failing through the foregoing procedure, the Grievance Committee, together with the aggrieved employee may present the grievance to the City Administrator and Personnel Director of Human Resources or Representative who shall render a decision and reason therefore within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar five working days of receipt of the decision under Step Onesuch presentation. Failing settlement at this stage and within five normal working days, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure then stage may be extendedinvoked. Failing settlement through the procedures set out in Stages and above, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, then the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior matter may be submitted to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearingArbitration pursuant to Article ,hereof. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. Howeverabove, in the case event of incidents any difference concerning the interpretation, application, administration or alleged violation of a like naturethe provisions of this Agreement, or complaints relating to the terms and conditions of employment, the formal entry will be held on an employee's file for a period Association may grieve using procedures as outlined in Article With the mutual consent of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time both Parties, any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee concerned Party may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of during the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, stages and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not All times set out under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement agreement, in writing, by the parties to this Agreement. Where Normal working shall mean Monday to Friday inclusive, but does not include statutory holidays. The Association agrees to supply the term “calendar days” is used, Saturdays, Sundays Fire Chief with the names of the members of the Grievance Committee after their election each year. ARTICLE PENSIONS The Corporation shall continue to share equally with the employees in the contributions toward the employees' Pension plan under Ontario Municipal Employees Retirement System. Type Supplementary Pension will be supplied by the Corporation. The Corporation and holidays are excluded. ARTICLEthe Association confirms that all employees will be retired at the end of the month in which they attain their sixtieth birthday.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE PROCEDURE. The (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 this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate discuss and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate adjust with the Company in not conducting investigations in a manner which will unduly interfere shall be handled as follows: The employee shall take up his grievance directly with the Company's operationsshift section head or supervisor, except where the employee believes that proper expression or explanation is 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. The Company agrees that it shall 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 prevent adjusted by the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes section head or supervisor within forty-eight hours after the grievance has been or is being unjustly dealt with, or that any submitted to him under the provisions of Step the Collective Agreement have 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 withsubmitted under the provisions of Step 2 hereof, the employee with Representativeand the xxxxxxx, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if or Chief Xxxxxxx may take up the matter directly with the appropriate manager. If a satisfactory settlement is not settled satisfactorilyobtained within forty-eight hours after the matter has been discussed with the manager, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer xxxxxxx may submit the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of TowerUnion Bargaining Committee with a copy to the Company. The President and/or designated Management employee will arrange Union Bargaining Committee may then discuss it with the Company at a time to be agreed upon. All decisions arrived at by agreement between the Company and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected Union Bargaining Committee with respect to examination. A written decision any grievance shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline made in writing and shall be final and binding upon the Local Chairperson will Company and the Union. Nothing in this agreement shall be provided with a copy. Unless deemed to take away the nature right of the offense warrants it, the individual employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of to present any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and personal grievance to the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under specified in this Article will apply equally IX shall be deemed to grievances originating be exclusive of Saturdays and Sundays and those holidays described in Article V of this agreement. While an employee may discuss a grievance with his section head or xxxxxxx at any time, a request for retroactive adjustment need not be entertained by the Company and may be extended by mutual agreement unless the grievance is presented in writing. Where writing within thirty days of the term “calendar days” 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 used, Saturdays, Sundays and holidays are excluded. ARTICLEcarried to the next higher step.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The to Any employee covered by this Agreement agree who considers he has been improperly dealt with or that all steps the Agreement has been violated as it affects him shall have the right to use the following grievance procedure: An employee who considers he has grounds for a grievance is re- quired, if practicable, to discuss the matter with his immediate Supervisor, alone or accompanied by his Shop Xxxxxxx before presenting a written grievance. these discussions do not resolve the matter at issue, a written grievance may be presented at Step Once a grievance has been in writing at further communication the to the on to the grievance shall be taken presented through the Xxxxxxx involved or the Chief Xxxxxxx: Step Step Step If the oral decision of the First Level Supervisor is unsatisfac- tory to assure that grievances the employee, thegrievance shall be adjusted or finalized presented in writing by the Shop Xxxxxxx, with theemployee, to the employee’s First Level Supervisor on a form furnished by the Union. The grievance as quickly as possible. Every effort written will be made specific as to settle disputes during the early stage nature of the Grievance procedurealleg- ed injustice or violation. It The First Level Supervisor shall give his answer in writing to the Shop Xxxxxxx involved or the Chief Xxxxxxx within two working days following receipt of the grievance. If the written decision of the First Level Supervisor is understood that unsatisfac- tory to the employee, the grievance shall be referred to the Se- cond Level Supervisor, who shall give his answer in writing to the Shop Xxxxxxx involved or the Chief Xxxxxxx within three working days after receipt of a reasonable amount grievance. thedecision of the Second Level Supervisor is unsatisfactory to the employee, the grievance shall be referred to the Director, Human Resources, or his delegate, who shall meet with the Shop Committee within four working days and render adecision in meeting. Should the time limits be too short to enable the Director, Human Resources to deal effectively with a grievance, the time limits may be spent extended mutual agreement between the Chairman, Shop Committee and the Director, Human Resources. All settlements of grievances arrived at by members agreement between the Director, Human Resources, and the Shop Com- mittee shall be final and binding upon the Company, its employees and the Union. If the Director, Human Resources, and the Shop Committee cannot agree upon the settlement of an grievance, the matter may be referred to Arbitra- tion in accordance with Article 6 of this Agreement. Following receipt of a decision at any step, the Shop Xxxxxxx, Chief Xxxxxxx or the Chairman of the Union Grievance Committee Shop Committee, whoever is actively involved at theappropriate step, within four working days, shall indicate in order to investigate and participate in writing on the grievance matters form, their acceptance or rejection of the decision and the Union agrees that reason therefore, and shall so inform Should the members of time limits be too short to deal effectively with a grievance, the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationstime limits may be extend- ed by mutual agreement. The Company agrees that it shall will be under no obligation to consider or process any grievance which has not prevent been presented within working days after the Committee from properly fulfilling its obligations cause of the grievance became known to investigate and settle grievancestheemployee. The Grievance Procedure shall apply equally to grievances lodged This time limit may be extended by mutual agree in writing. Where the Company violates an article or articles of this Agreement, or where a group of employees and have a common grievance, a written grievance may be processed as an individual grievancefiled by the Union. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The Such a grievance shall be in writing. The Local Chairperson initiated by the Chairman or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt Vice-Chairman of the decision under Step OneShop Committee, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing submitted at Step Two 3 of the grievance procedure. Should It shall specify, where possible, the article or articles of the Agreement violated, and shall identify any employees affected. Written warning notices given to employees must bear the signature of his immediate Supervisor. The Director, Human Resources or his delegate will discuss such warning notices with the Chairman of the Shop Committee or his delegate, accompanied by one other member of the Shop Committee prior to copy of any such notice will be given to the Chairman of the Shop Com- mittee, after it has been issued. Written suspension or discharge notices given to employees must bear the signature of his immediate Supervisor and a copy of any such notice will be given to the Chair- man of the Shop Committee. The Director, Human Resources or his delegate will discuss such suspension or discharge notices with the Chairman of the Shop Committee or his delegate prior to issue or as soon as practical in extenuating circumstances. In the above cases the Company will provide a copy to the Shop Committee within five working days of its receipt by the employee. Disciplinary notices and written references to such will not be considered or used against an employee in further disciplinary matters after twelve months provided that the employee be exonerated, shall be paid at regular rate has not had any written warnings during that twelve I month period. A copy of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed submitted to the next step of Director, Human Resources, or his at the grievance procedure. When a written grievance based on a claim for unpaid wages time it is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEfirst prepared.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The If any differences concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Employer and the Union, or between an employee or employees bound by the Collective Agreement and the Employer, including any questions as to this Agreement agree that all steps whether any difference is arbitrable, it shall be taken processed according to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance following grievance procedure. It is understood In the event that a reasonable amount grievance or grievances involve(s) a group or groups of time may be spent by members of employees, or in the event that the Union Grievance Committee in order initiates a grievance with respect to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withapplication, operation, interpretation, or that any provisions alleged violation of the Collective Agreement have not been withAgreement, then the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be submitted in writing. The Local Chairperson or Representative shall present the grievance writing to the Director of Human Resources or Representative Employee Relations. If the parties are unable to resolve the matter within ten thirty (1030) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of following receipt of the decision under Step Onegrievance, the Local Chairperson and/or the Accredited Representative grievance may appeal the case be advanced to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examinationArbitration. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents dismissal shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense submitted in question. Within three writing within thirty (330) days of such discussion, the employee will be notified date of any discipline in writing dismissal and the Local Chairperson will be provided with a copy. Unless the nature shall commence at Step 2 of the offense warrants it, Grievance Procedure. In the employee will not be held out of service pending discipline. When the nature event that a designated official of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with available or the decision, may process case further, commencing at Step Two Employer does not respond as required under any step of the grievance procedure. Should , the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of Union may advance the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When With the consent of the parties the time within which any step or appointment must or should be taken or made may be extended for such period of time as may be agreed between the parties. With mutual consent of the parties, step(s) of the grievance procedure may be waived. In the event of the Employer filing a written grievance based on a claim for unpaid wages is not progressed by with respect to the CAW within application, operation, interpretation, or any alleged violation of the prescribed time limitsCollective Agreement, it shall be considered dropped. When submitted directly from the appropriate officer Director of Employee Relations to the Business Manager of the Company fails Union who shall call a meeting to attempt to resolve the grievance and render a decision with respect within thirty (30) days of receiving the grievance. If the parties are unable to such a claim for unpaid wages resolve the matter within thirty (30) days following the prescribed time limitsmeeting, the claim will grievance may be paidadvanced to Arbitration. The application Time periods for the purpose of this rule Article, shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calculated on consecutive calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE.

Appears in 1 contract

Samples: negotech.service.canada.ca

GRIEVANCE PROCEDURE. The to this Agreement agree It is the mutual desire of the parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized 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 registered within fifteen working days of the alleged circumstances coming to the knowledge of the employee. Every effort 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 sequence: Step No. between the 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 made taken to settle disputes during arbitration, as provided in Article IX. If no written request for arbitration is received within twenty days after the early stage 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. All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the Step. Notice of dismissal or suspension, and the reason therefor, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of any general allegation by the Union that the Company has violated this Agreement, in such a like naturemanner that an individual employee could not rightly process the grievance under this Article VIII, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all Union may present such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known allegation to the Company at the time when notified Step level of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance Grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree It is the mutual desire of the parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It , and it is generally understood that a reasonable amount of time may an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust the matter. Such discussion shall be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, held within five three (53) calendar working days of the alleged violation bring this occurrence said to have caused the attention complaint, or when the employee should have been aware of Supervisorthe occurrence said to have caused the complaint. After discussion Complaints and or Grievances shall be handled in the following manner: Step If an employee has any complaint which he wishes to discuss with Supervisorthe company, if the employee may either alone or with a union committee person discuss the matter with the employee’s immediate supervisor. The employee’s supervisor will give his decision within three (3) working days of the discussion. If such complaint or question is not settled satisfactorilyto the satisfaction of the employee concerned, the following steps in complaint will be forwarded to Step of the Grievance procedure shall apply: One: grievance procedure. Step The employee may present, together with a union committee person, any grievance to the department manager and such grievance shall be in writing. The Local Chairperson or Representative Such grievance shall present the grievance to the Director be presented within five (5) working days of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, company response in The grievance must reference the Local Chairperson and/or the Accredited Representative may appeal the case specific of this agreement that is alleged to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange be violated or misinterpreted and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending disciplinerelief or remedy sought. When the nature of the alleged offense is one The manager or his designated representative shall give his reply in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three writing within five (35) working days. Step If the reply is not satisfactory, unless mutually extended the grievance may be forwarded to the Plant Manager within five (5) working days of the receipt of such reply. The Plant Manager, or his designee, and the Union shall meet to discuss the grievance at the next scheduled Union Management meeting or at a special meeting to be held within IO working days of the receipt of the grievance by the Local Chairperson and the CompanyPlant Manager, without the holding of a hearingwhich ever comes first. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list National Representative of the charges against CAW and any evidence to substantiate those charges known to or the Company at the time when notified President of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited plus the Company’s Director Employee Industrial Relations and or his representative of the CAWmay also attend this meeting. The Company will render its decision of the hearing respond in writing within three five (35) calendar working days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance proceduremeeting. Should If the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by resolved at this meeting, either party may refer the appropriateofficer of the Company within the prescribed matter to arbitration. Vacation, Bereavement Leave, Jury Duty or Holidays shall not be considered in determining time limits, limitations in Article Time constraints in the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it procedure shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may only be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEagreement.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The 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 whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this Agreement agree right in advance. It is the mutual desire of the parties hereto that all steps shall be taken to assure that grievances complaints of employees shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It , and is understood that a reasonable amount an employee has no grievance he has first given his supervisor the opportunity of time may adjusting his complaint. Such complaint shall be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate discussed with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, his immediate within five nine (59) calendar days of the alleged violation bring this after circumstances giving rise to it have occurred or ought reasonably to have come to the attention of Supervisor. After discussion with Supervisorthe employee and failing settlement within nine (9) calendar days, if the matter is not settled satisfactorily, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following steps in manner and sequence: Step No. The employee may submit a written grievance signed by the Grievance procedure shall apply: One: employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be in writingviolated. The Local Chairperson or Representative shall present supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. settlement, then: Step No. Within nine (9) calendar days following the Director of Human Resources or Representative decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within ten nine (109) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance originatedat a time and place suitable to both parties. This step may be omitted where the employee's supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Executive Director or her designee. A meeting will then be held between the Executive Director or her designee and the Grievance Committee within calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Executive Director or her have such counsel and assistance as she may desire at such meeting. The Company Representative responsible decision of the Hospital shall answer be delivered in writing within nine (9) calendar days following the date of such meeting A complaint or grievance arising directly between the Hospital and the Union concerning the application or alleged violation of the be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the or grievance. It expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within ten fourteen (1014) calendar days after the circumstances giving rise to the grievance was presentedhave occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of an during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the with the hospital at Step Two: Within ten No. within seven (107) calendar days after the date of receipt discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: the Hospital‘s action in dismissing the employee, or reinstating the employee with or without full compensation for the time lost, or by any other arrangement which may be deemed just and Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged this Agreement, including any to matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration received within eighteen (18) calendar days after the decision under Step OneNo. is given, the Local Chairperson and/or the Accredited Representative may appeal the case grievance shall be deemed to the President and/or designated Management employee of Towerhave been abandoned. The President and/or designated Management employee will arrange and chair Where such a meeting of the interested parties within fifteen written request postmarked sixteen (1516) calendar days so that related facts after the decision under Step No. it will be subjected deemed to examination. A written decision shall be rendered have been received within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular caselimits. All time limits are specified herein for agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chairman. No person may be extended, but only by mutual agreement and confirmed appointed as an arbitrator who has been involved in writingan attempt to negotiate or settle the grievance. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the related department Grievance Procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or their designated representative and/or amend any of this Agreement. The proceedings of the Director Arbitration Board will be expedited by the parties hereto and the decision of Human Resources the majority and where there no majority the decision of the chairman will investigate be final and binding upon the incident parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the and Arbitration Procedures herein mandatory and failure to comply strictly with all related parties prior such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the issuance provisions of a formal document. An employee who had completed probationary period will not be disciplined in excess Section (6) of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes Labour Relations Act Wherever Arbitration Board is referred to the attention Agreement, parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of Managementreference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. An ARTICLE ACCESS TO FILES Access to Personnel File Each employee shall be notified of anything inscribed on record. Any formal which relates have reasonable access to an employee's conduct and which could be used personnel file for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. Howeverreviewing any evaluations or formal disciplinary notations contained therein, in the case presence of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with or designate. An employee has the Local Chairperson, the employee and Supervisor, right to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified request copies of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEevaluations file.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement parties agree that all steps discussions should occur between employees, Union representatives and Employer representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussions between employees, Union representatives and Employer representatives. Where discussions on 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, or between an and the Employer, it shall be taken processed according to assure that grievances shall be adjusted the following grievance procedure. Nothing in this provision deprives of any rights or finalized as quickly as possibleremedies to which they are entitled in any legislation. Every effort will be made to settle disputes during Grievances involving the early stage interpretation, application, operation or any alleged violation of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members Agreement must have the approval and support of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsAlliance. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for set out in the grievance procedure may be extended, but only by mutual agreement are mandatory and confirmed in writingnot directory. In cases when an employee is investigated as a result of an alleged misdemeanorcalculating time limits, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guestsSaturdays, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee Sundays and holidays shall be notified of anything inscribed on recordexcluded. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at If the time any entry limits set out in Steps or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exoneratedprocedure are not complied with, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to have been dropped. Where a decision with respect to such a grievance is not rendered by extend the appropriateofficer of the Company within the prescribed time limits. If the Employer fails to meet a time limit, the Union, at it’s option, may either advance the grievance will be processed 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. The and the Union representatives shall be given leave with pay to attend such meetings. When a written grievance based on a claim for unpaid wages an employee has asked or is not progressed obliged to be represented by the CAW within Alliance in relation to the prescribed time limitspresentation of a grievance and a representative of the Alliance wishes to discuss the grievance with that employee, it the employee and the representative will be given reasonable leave with pay for this purpose. The Union shall be considered droppedgiven full opportunity to present evidence and make representations throughout the grievance procedure. When the appropriate officer The shall be advised of their to have a union representative present at any disciplinary held with unit The shall designate a representative at each level of the Company fails to render a decision with respect to such a claim for unpaid wages within grievance procedure and shall inform the prescribed time limitsunion in on an annual basis, the claim will be paid. The application of this rule shall not constitute an interpretation or as required of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with name and title of the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEperson designated at each level.

Appears in 1 contract

Samples: negotech.service.canada.ca

GRIEVANCE PROCEDURE. The to this Agreement parties agree that all steps discussions should occur between employees, Union representatives and Employer representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, Union representatives and Employer representatives. Where discussions on problems or differences occur, the time limits in Step will be extended by the appropriate number of days. If any difference the interpretation, application, operation or any alleged violation of the Agreement arises between the Employer and the Union, or between an employee and the Employer, it shall be taken processed according to assure that grievances shall be adjusted the following grievanceprocedure. Nothing in this provision deprives of any rights or finalized as quickly as possibleremedies to which they are entitled in any legislation, including the transfer legislation. Every effort will be made to settle disputes during Grievances involving the early stage interpretation, application, operation or any alleged violation of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members Agreement must have the approval and support of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsbargaining agent. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for set out in the grievance procedure may be extended, but only by mutual agreement are mandatory and confirmed in writingnot directory. In cases when an employee is investigated as a result of an alleged misdemeanorcalculating time limits, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guestsSaturdays, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee Sundays and holidays shall be notified of anything inscribed on recordexcluded. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in In the case of incidents employees in operations where the days of a like naturerest are other than Saturdays and Sundays, the formal entry will be held on an employee's file for a period then their days of two (2) years and then removed. A copy of all such entries or documents rest shall be sent to the employee and to the Local Chairperson at excluded. If the time any entry limits set up in Step or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exoneratedprocedure are not complied with, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to have been dropped. Where a decision with respect to such a grievance is not rendered by extend the appropriateofficer of the Company within the prescribed time limits. If the Employer fails to meet a time limit, the Union, at its option, may either advance the grievance will be processed to the next step or await the Employeis response, in which case no time limit shall run against the Union until it has received the response. shall have the right to be represented at any step of the grievance procedure. The and the Union representatives shall be given leave with pay to attend such meetings. When a written grievance based on a claim for unpaid wages an employee has asked or is not progressed obliged to be represented by the CAW within Alliance in relation to the prescribed time limitspresentation of a grievance and a representative of the Alliance wishes to discuss the grievance with that employee, it the employee and the representative will be given reasonable leave with pay for this purpose. At either Step or Step the Employer representative may be assisted by a Human Resources representative. The Union shall be considered dropped. When given opportunity to present evidence and make representations throughout the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidgrievance procedure. The application shall be advised of this rule shall not constitute an interpretation right to have a Union representative present at any disciplinary meeting or at any meeting held with bargaining unit to investigate alleged misconduct of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEthe

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. The to this Agreement Union and the Company agree it is important that all steps shall be taken to assure differences are brought forward quickly and that grievances shall be adjusted or finalized as quickly as possible. Every effort will be sincere efforts are made to settle disputes during the early stage of the Grievance procedureresolve them without undue delay. It is understood that If a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters difference arises between an employee and the Union agrees that Company over the members interpretation,application, administration or the alleged violation of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been withthis Agreement, the employee and the immediate supervisor must first meet as soon as possible and attempt to resolve the difference informally. If an employee deems it necessary, the employee may request to be accompanied by the Area Union Xxxxxxx. The employee may refer the difference to the Superintendent of Employee Relations if it concerns sensitive personal issues which the employee does not want to discuss with Representativethe immediate supervisor. STAGE ONE If the difference has not been settled informally, if so desires will, or the employee has not received a reply from the supervisor within five (5) calendar days of the alleged violation bring this employee will review it with the Area Union xxxxxxx who will advise the employee on whether to proceed to file a formal grievance. the employee decides to proceed, the difference will be presented as a grievance to the attention of Supervisor. After discussion with Supervisorimmediate supervisor or, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall case of sensitive personal issues, to the Superintendent of Employee Relations. All grievances must be in writing. The Local Chairperson or Representative shall present , signed by the grievance to the Director of Human Resources or Representative employee and presented within ten five (105) calendar days from the date the grievance originatedresponse has or should have been given and within twenty-one (21) days from the date the employee knew or should reasonably have known of the circumstances giving rise to the grievance. The employee and the Area Union Xxxxxxx will meet with the Manager, or designate, and one other Company Representative responsible shall answer representativeto review, discuss and attempt to resolve the grievance. If the Area Union Xxxxxxx is absent, the nearest Area Union Xxxxxxx may attend. This meeting must occur within five (5) days of the presentation of the grievance in writing within ten (10) calendar days after and the employee must be given the written Company answer to the grievance was presented. Step Two: Within ten within seven (107) calendar days of receipt of the decision under Step Onemeeting, with a copy to the Area Union Xxxxxxx. If the grievance is denied, the Local Chairperson and/or answer must be accompanied by a written Company Grievance Report detailing the Accredited Representative Company position and the facts it agrees with or disputes in connection with the grievance. All settlements of differences during the informal process or grievances at the first stage will be without prejudice or precedent to any future cases. STAGE TWO Failing settlement at the first stage, the employee, after consultation with the Area Union Xxxxxxx, may appeal wish to have the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair grievance considered at a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt Grievance Settlement Committees of the written advanceparties. In that event, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may must be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior referred to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen both committees within seven (157) days after the incident within Company answer was given, or should have been given, at the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for first stage accompanied by a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to written Local Union Grievance Report detailing the Local Chairperson at the time any entry or document is placed on the file and both the Union position and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet facts it agrees with or disputes in connection with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearinggrievance. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company committees will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEmeet every thirty

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. (continued) Step The to this Agreement agree that shall render its decision in writing five days of the hearing, provided all steps pertinent information and evidence is available at the time of the said hearing. A copy shall be taken given to assure that grievances shall be adjusted the Unit Chairperson and xxxxxxx. A policy grievance originating with the Union or finalized as quickly as possible. Every effort the Commission will be made to settle disputes during the early stage submitted at Step of the Grievance procedureProcedure. It is understood that Failure of an individual employee to file a reasonable amount of time may grievanceshall not be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsconsidered precedent setting. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and grievancewill be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this presented to the attention Manager of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lostTransit, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed as in Step and Step of the Grievance Procedure. The Commission's grievance be submitted to the next step Unit Chairperson of the Union,and the time limitsas outlined in Step will apply. If such grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed settled to the satisfaction of both parties, then it may be processed to arbitration. ARTICLE ARBITRATION Both parties agree that if any difference arise between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any questions as to whether a matter is arbitrable, either party, after exhausting the grievance procedure applicable under the of this Agreement,may a of the with the Labour Relations Committee of the Union at the earliest opportunity in an effort to adjust such matters, and the Union shall have the right to have their Union Representative with them, and if no settlement of the matter at issue can be reached, then the Commission and the Union may apply within working days after receipt of the decision received the Commission or Union, either party can refer the outstanding issues to a single Arbitrator or in accordancewith Section of the Labour Relations Act for the and binding settlement, without stoppage of work. Both parties shall bear an equal share of the expenses of the single Arbitrator. The Commission and the Union agree to abide by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision Labour Relations Act with respect to such a claim for unpaid wages strikes and lockouts. ARTICLE DISCIPLINARY ACTION The Union shall be notified in writing within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEhours ARTICLE DISCIPLINARY ACTION

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 110 A. Construction 111 Nothing in this Article XIV shall prevent informal adjustment of any complaint and the parties intend that, so far as reasonably possible, such complaints will be resolved between the Employee and the administrative agent of EMU immediately involved. 112 The to resolution of an informal claim, formal claim, or grievance as outlined below shall not add to, subtract from, or modify the terms of this Agreement agree that all steps Agreement, or serve as a binding precedent in future interpretation of application of the terms of this Agreement, unless done so in writing and approved by EMU’s Assistant Vice President for Academic Affairs, the Union’s President, or their respective designees. Any such agreement reached between the Union and the Employer shall be taken binding on the Union, the Employer, and Employees. 113 B. Definitions 114 An “Informal Consultation Period” is the period of time, beginning with the Employee having knowledge of an event, occurrence, or circumstance that may lead to assure that grievances shall be adjusted or finalized as quickly as possiblea grievance. Every effort will be made to settle disputes during 11E A “Formal Consultation Period” is the early stage of the Grievance procedure. It is understood that a reasonable amount period of time beginning when the Employee notifies the Employer in writing that they intend to seek resolution of an event, occurrence, or circumstance that may be spent by members of lead to a grievance, and ending at such time as Academic Human Resources notifies the Union Grievance Committee in order to investigate and participate in grievance matters Employee and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in formal consultation period has ended. 116 A “grievance” is a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withwritten allegation, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration made in the manner prescribed in Article The President and/or designated Management employee upon receipt this Article, by an Employee, group of Employees, or the Union that an express term of the written advanceAgreement has been violated, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extendedmisinterpreted, but only by mutual agreement or improperly applied, and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department that such Employee(s) or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and has been harmed in some manner by the employee alleged violation. The grievance shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless set forth the nature of the offense warrants itgrievance, the employee will not facts upon which it is based, the specific Article(s) and Section(s) violated, the harm suffered by the grievant, and the remedy requested. 117 A “grievant” is the party alleging a grievance and who has been harmed by the alleged violation. 118 A “grievance form” is the official form upon which all grievances shall be held out of service pending disciplinesubmitted. When The grievance form shall set forth the nature of the alleged offense grievance, the facts upon which it is one in which dismissal is contemplatedbased, no employee may be held out of service for investigation of any charges against for a period longer than three (3the specific Article(s) working daysand Section(s) violated, unless mutually extended the harm suffered by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lostgrievant, and the record remedy requested. 119 “Harm” is defined as an event, occurrence, or circumstance which is perceived to be a violation of the employee shall be cleared contract for which an Employee or group of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages Employees is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEseeking resolution.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. The a) Where a Marine Engineer Officer has a grievance while employed on board a vessel, he shall reduce same to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate writing and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that present it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative Chief Engineer within ten (10) calendar days from of his obtaining knowl- edge of the date occurrence giving rise to the grievance originatedand shall thereafter send a copy thereof to his Union Headquarters. in the case of a Marine Engineer Officer who is refused employ- ment, discharged, suspended, laid off or transferred from his employment, as well as in all other cases where the person is no longer on board a vessel, the grievance shall be reduced to writ- ing and mailed or delivered to the designated office of the Company with a copy to his Union Headquarters within ten days of his obtaining knowledge of the occurrence giving rise to the grievance. The Union shall have the right to submit a grievance to the Company Representative responsible shall answer on behalf of all the employees in the bargaining unit a group thereof. In such case the grievance shall be reduced to writing and mailed or delivered to the designated office of the Company within ten days of obtaining knowledge by the Union of an occurrence giving rise to the grievance. The Union shall also have the right to submit a grievance in writing writ- ing to the Company on behalf of a Marine Engineer Officer who is unable to file same within the delay of ten (10) calendar days after the grievance was presentedprovided for in either paragraphs a) and above. Step Two: Within ten (10) calendar days of receipt of the decision under Step OneIn such cases, the Local Chairperson and/or the Accredited Representative may appeal the case griev- ance shall be mailed or delivered to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer office of the Company within ten days of obtaining knowledge by the prescribed time limits, Union of the grievance will be processed occurrence giving rise to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEgrievance.

Appears in 1 contract

Samples: Memorandum of Agreement

GRIEVANCE PROCEDURE. The For the purpose of this agreement, a grievance is any dispute relating to the interpretation, applica- tion, administration or alleged violation of this Agreement agree that all steps agreement which occurred subsequent to the sign- ing of this Collective Agreement. Failure to carry a grievance through the stages set out below within the time limits stipulated therein shall be taken to assure that grievances shall be adjusted or finalized interpret- ed as quickly as possible. Every effort will be made to settle disputes during the early stage withdrawal of the Grievance proceduregrievance. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee The parties agree to grievances in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate accordance with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been following procedure: or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willhis designate, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar working days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Towerproduct or site services answer. The President and/or designated Management employee general manager, or his designate, will arrange and chair a meeting within a reasonable period of at which meeting the plant committee and the general manager, along with any representatives they may wish to have present, shall review the matter together with any additional information or representations, and shall make every effort to set- tle the grievance on an equitable basis. If the grievance is not resolved at this meeting the Company agrees to notify the Union in writing five working days of the interested parties meeting of its position. Should any grievance fail to be satisfactorily settled by the foregoing procedure, such grievance may be referred to arbitration by either party within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) thirty calendar days of hearing the appeal. Three: Should the Accredited Representative disagree meeting with the decision stated general manager or an extension in Step Twowriting by mutual agreement. Union policy grievances, may within sixty (60) days advise and in all cases to be lim- it& which instituted by individual employees, and grievances lodged by the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure Company may be extended, but only raised by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, either party by notifying the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline other party in writing and the Local Chairperson will be provided with a copy. Unless as to the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature grievance within ten days of the alleged offense is one in incident which dismissal is contemplatedgave rise to the grievance. Such grievance will be discussed beginning at a meeting between the general manager, no employee his the union plant committee. Should the parties fail to resolve such grievance it may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearingreferred to . The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given each other in writing a complete list of the charges against and any evidence to substantiate those charges known as to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two disposition of the grievance procedurewithin thirty calendar days of the meeting. Should Province of Ontario for an appointment of a person to act. No grievance or complaint shah be considered by the arbitrator unless it has been properly carried within the time limits stipulated. The arbitrator shah not have jurisdiction to alter or change any provisions of this Collective Agreement, nor to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this agreement, nor to deal with any matter not covered by this agreement. The parties agree to share equally the fee and expenses of the arbitrator. Article SENIORITY An employee be exoneratedwill acquire seniority after complet- ing forty worked days accumulated over a twelve-month period in the employ of the Company. During the probationary period an employee may have his employment terminated at the sole discretion of the Company. An employee’s seniority shah date from his last regular date of hire or from forty worked days preceding his attainment of seniority, whichever is later. An employee xxxx lose his seniority standing his name shall be paid at regular rate of pay for any time lost, removed from seniority listing and the record of the employee shall his employment shah be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered deemed to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer terminated for any of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEfollowing reasons:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted (a) Within five working days thereafter or finalized within such longer period as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been withagreed, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Shop Committee and Business Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local ChairpersonRegional Manager Canada or his designee to attempt to adjust the grievance. Within five working days following this meeting, the employee and Supervisor, Regional Manager Canada or his designee shall deliver to discuss the offense Union his answer in questionwriting. Within three (3) days of such discussion, Failure on the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature part of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence Corporation to substantiate those charges known to the Company at issue its decision within the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitslimits stipulated as indicated, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed automatically advance to the next step of the grievance procedure. When a written No matter may be submitted to arbitration which has not been properly carried through the steps of the grievance based on a claim for unpaid wages procedures set forth herein. Any time limits provided by Article may be extended or curtailed by mutual agreement. If, after properly exhausting the provisions of the grievance procedure, the Union is not progressed by dissatisfied with the CAW within Corporation’s decision, the prescribed time limits, Union may require that the grievance be submitted to arbitration provided that it shall be considered droppeddeemed to be settled or abandoned if, within fifteen working days after a final decision has been announced the Union shall have failed to give written notice of intent to submit the matter to arbitration. When With reasonable promptitude, the appropriate officer Union shall be notified in writing of any discipline or dismissal and on request from the Union, the Corporation shall furnish reason for the same. An employee with seniority who feels that he has been unjustly disciplined or dismissed, may present a grievance and the same shall be entered at the Step of the Company fails Grievance Procedure provided by Article hereof, provided that the right to render grieve shall be deemed to be waived if a decision with respect grievance has not been presented within ten working days after the event that gave rise to the grievance. In such a claim for unpaid wages within the prescribed time limitscases of discipline or dismissal, the claim employee so disciplined or dismissed shall have the right to confer with his shop xxxxxxx. Failing settlement by the said grievance procedure, a grievance regarding suspension or dismissal may be submitted to an arbitrator as provided by Article hereof, and the arbitrator shall make such settlement as he deems just. An employee will be paidafforded the opportunity to see his/her personal file upon written request to management. The application All employees will be furnished with a copy of any written adverse report on his personal tile which he must sign as having received a copy of. If this rule is not done (copy) such adverse report shall not constitute an interpretation become part of the Collective Agreementhis record for use against him at any time. The time limits as provided under this Article will apply equally to grievances originating with the Company and File may be extended viewed by mutual agreement the employee making the request in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEpresence of a Senior Management Official.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 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 in writing to the employee’s supervisor by the chief xxxxxxx or his designate, to step one of the grievance procedure, provided that no more than 3 weeks has elapsed since the date of the incident giving rise to the grievance or 2 weeks since the employee discussed it with his supervisor, A first step meeting shall be scheduled within 2 weeks of the date the grievance is submitted. This meeting may be attended by the employee, the employee’s shift xxxxxxx and the chief xxxxxxx or his delegate. The Company will be represented by the appropriate superintendent and/or his delegate and the supervisor, The Company will provide a written answer within 1 week of the meeting. Failing a satisfactory resolution at step one, the grievance may be advanced to step two, provided the Union notifies the Company in writing within 2 weeks of the first step answer. step meeting shall be scheduled within 2 weeks of the notification and will be attended by the grievance committee and the national representative or his delegate. The Company shall be represented by the Mine Manager or his delegate and such other Company officials as may be appropriate. Either party may request the presence of the griever. The Company will reply in writing within 1 week of the second step meeting. Failing a satisfactory resolution at step two, the grievance may be advanced to arbitration, provided the Union notifies the Company in writing within 2 weeks of the second step answer. At all steps of the grievance and arbitration procedure, the griever and the Union shall disclose to the Company a full and detailed statement of the facts, the remedy sought and the provision(s) of the Agreement relied upon. In a similar fashion, the Company shall disclose all pertinent facts upon which it relies, In the event additional facts become available they will be revealed to the other party in a timely fashion, A policy grievance is defined as a dispute which affects the rights of the parties to this Agreement agree that all steps shall be taken to assure that as entities rather than the rights of an individual employee or group of employees. Policy grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. initiated at step It is understood and agreed that no precedent shall be set as the result of a reasonable amount dispute or grievance which is settled short of time may be spent by members arbitration unless both parties expressly agree in ⚫ ⚫ writing, that the settlement shall constitute a precedent. Neither party shall utilise the settlement of a dispute or grievance in an effort to maintain a practice or to initiate the same or similar practice in another location, No employee or employee representative shall leave his work for any of the Union Grievance Committee purposes mentioned in order this Agreement without a request to investigate and participate in grievance matters permission from his xxxxxxx. No meeting between an employee and the Union agrees that Company during which an employee is entitled to and request representation will commence until the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operationsemployee representative can be made available. The Company agrees that it shall not prevent to maintain a reasonable balance between employee and management representatives. A copy of any written material or notice of discipline or counselling used by the Committee from properly fulfilling its obligations Company to investigate and settle grievancescorrect behaviour, will be forwarded to the Local Union Chief Xxxxxxx. The Grievance Procedure written material, discipline or counselling notices referred to in Clause that do not involve a suspension shall apply equally to grievances lodged by be deleted from an employee’s file if a group period of employees twelve months has elapsed without any new infraction resulting in further disciplinary action. The record of a suspension shall be deleted from an employee’s file if twenty-four months has elapsed without any new infraction resulting in further disciplinary action, Disciplinary suspensions will be served in a timely fashion at management’s discretion, When such a suspension ⚫ 31 is 5 days or less and is the subject of a grievance it will normally be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions served after the earlier of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson second step answer or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originatedis abandoned. The Company Representative responsible shall answer parties agree that the grievance time limits in writing within ten (10) calendar days after this procedure are mandatory. Furthermore, if the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case company fails to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair schedule or hold a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will shall be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed automatically advanced to the next step in the procedure. Article ARBITRATION When either party decides to submit a grievance to Arbitration, as per Clause the other party shall be so advised in writing. The Company and the Union shall then each appoint an arbitrator within five days. The two arbitrators so appointed shall meet immediately, and if, within the next five days, they fail to settle the grievance, then they shall endeavour to agree upon a third arbitrator to act of the grievance procedureArbitration Board. When a written grievance based on a claim for unpaid wages If the third arbitrator is not progressed by chosen within a further five day period, then the CAW within Minister of Labour for the prescribed time limits, it Province of Ontario shall be considered droppedrequested to appoint an impartial Chairman, No person shall be appointed as an arbitrator who has been involved previously in an attempt to negotiate to settle the grievance. When ⚫ ⚫ Each party shall pay the appropriate officer remuneration and expenses, if any, of the Company fails to render a decision with respect to arbitrator appointed by such a claim for unpaid wages within party and the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation remuneration and expenses of the Collective Agreement. The time limits as provided under this Article will apply Chairman shall be borne equally to grievances originating with by the Company and the Union. Witness fees and allowances shall be paid by the party calling the witness, Notwithstanding the provisions of Clause and the Company and the Union may be extended by mutual agreement agreement, substitute a sole arbitrator for an Arbitration Board. In this event the words “Arbitration Board” in writingthis article shall be deemed to read sole arbitrator, The remuneration and expenses of the arbitrator shall be borne equally by the Company and the Union. Where Witness fees and allowances shall be paid by the term “calendar days” party calling the witness, The proceedings and the decisions of the Arbitration Board shall be expedited by the Company and the Union. The decision of the majority of such Board shall be final and binding upon the parties hereto; but the arbitrators shall not be authorised to make, nor shall they make, any decision or recommendation inconsistent with the provisions of this Agreement, nor alter, modify, or amend any part of this Agreement, nor make any general changes such as changes in wage rates, nor deal with any matter not covered by this Agreement. If there is usedno majority decision, Saturdays, Sundays then the decision of the chairman shall prevail. It is understood and holidays are excludedagreed that the expedited arbitration process provided by the Ministry of Labour shall be restricted to issues of discipline or discharge or any issue the parties mutually agree to submit. ARTICLE⚫ ⚫

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to Complaints or disputes that may arise over the application, meaning or interpretation of this Agreement will be processed in the following manner: Communication Bureau employees will attempt to resolve all complaints with their immediate supervisors prior to reducing the complaints to a formal grievance. The Union and the City agree that grievances should be settled in an orderly, prompt and equitable manner which will maintain the self-respect of all steps shall parties involved and be taken to assure that grievances shall be adjusted or finalized as quickly as possibleconsistent with the terms of this Memorandum of Understanding. Every effort will be made by the Union and the City to settle disputes during grievances at the early stage lowest steps of the Grievance grievance procedure. It is understood that a reasonable amount of time may be spent by members the intent of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that City to attempt to resolve all grievances within the members first three (3) steps of the grievance procedure, understanding that arbitration is intended only as a last resort. The term “Grievance” will be defined as any disagreement submitted in writing and signed by a member or in the event of a group grievance the Union Grievance Committee President, over the interpretation and applications of the terms of this Agreement. STEP #1 The aggrieved member will cooperate reduce his grievance to writing indicating the specific Article and Sections allegedly violated, a summary of the facts related to the grievance and a statement of the remedy desired and he will present such written grievance to his shift or bureau union representative. The shift or bureau union representative will meet with the Company grievant and if the grievant so desires and shift or bureau union representative so determines, the shift or bureau union representative will present the grievance within ten (10) business days of the incident upon which the grievance is based to the Communications Bureau Manager. Thereafter, the grievant, the shift or bureau union representative and the Communications Manager will meet and discuss the grievance and the Manager will make every effort to resolve the grievance. Following said meeting, the Bureau Manager will answer the grievance in not conducting investigations in a manner which will unduly interfere with writing, setting forth the Company's operationsreasons for his decision and submit same to the shift or bureau union representative within ten (10) business days of receipt of the written grievance. The Company agrees that it shall not prevent shift or bureau union representative will immediately notify the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions aggrieved member of the Collective Agreement have answer. STEP #2 If the written response of the Bureau Manager does not been withresolve the grievance, the employee with Representative, if so desires shift or bureau union representative will forward the grievance and the answer of the Manager to the appropriate union representative who will, within five ten (510) calendar business days, submit the grievance to the Bureau Commander. The Bureau Commander will conduct a hearing to determine the facts. The grievant, the appointed CWA representative and the Bureau Manager may participate. Within ten (10) business days of the alleged violation bring receipt of the grievance, the Bureau Commander will answer the grievance setting forth the reasons for this decision and on the same date submit copies thereof to the attention Bureau Representative and the CWA office. STEP #3 If the written answer of Supervisorthe Bureau Commander does not resolve the grievance, the shift or bureau union representative will forward the grievance and the answer of the Bureau Commander to the Union. After discussion with SupervisorIf the Union determines that the grievance has not yet been satisfactorily resolved, the grievance will be forwarded to the Deputy Chief of Police Services within ten (10) business days of the date of the Bureau Commander’s answer. The Deputy Chief, or his designated representative, if he deems appropriate, may discuss the matter grievance with the grievant’s Bureau Commander and thereafter will set a hearing on the grievance at a date and time mutually agreed upon by the City and the Union, during which the Union will be afforded the opportunity to present its position. Supervisory personnel of the grievant who have been involved in the grievance will be present as deemed necessary by the Deputy Chief. Within ten (10) business days of the close of the hearing, the Deputy Chief will answer the grievance; setting forth the reasons for the decision with respect to the grievance, and on the same date submit copies thereof to the Union office. STEP #4 If the grievance is not settled satisfactorilyresolved in Step #3, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present Union will within ten (10) business days submit the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originatedPolice Services. The Company Representative responsible shall answer Director, or his designated representative, will, as he deems necessary, consult the grievance in writing within ten (10) calendar days after Deputy Chief, other commanding officers and the grievance was presentedUnion to determine the facts of the case. Step Two: Within ten (10) calendar business days of the receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanorgrievance, the Director of Police Services will answer the related department or their designated representative and/or grievance, setting forth reasons for his decision and on the Director of Human Resources will investigate the incident with all related parties prior same date submit copies thereof to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee Union and to the Local Chairperson at the time any entry or document is placed on the file and both Union office. Failure of the Union and to appeal a grievance to any step of the employee shall be required to acknowledge receipt of same. Any written reply from grievance procedure within the specified time limit will constitute acceptance by the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known City’s last written answer to the Company grievance. If the City fails to answer a grievance, at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two any step of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed specified time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer Union may advance its appeal of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When The parties may, by written mutual agreement, waive any time limits prescribed in the grievance procedure. The City may submit a written grievance based on a claim for unpaid wages is not progressed to the Union to be initialed by the CAW appropriate Deputy Director/Chief, the Director of Police Services or the Human Resources Director and submitted directly to the Union. The Union will respond within the prescribed time limits, it shall be considered dropped. When ten (10) business days in writing to the appropriate officer Deputy Director/Chief, the Director of Police Services or Director of Human Resources. If the grievance has not been resolved at this point, then the grievance may be submitted to arbitration in accordance with the arbitration procedure as specified in the Agreement. All grievances may be filed initially at Step #3 upon mutual agreement of the Company fails to render a decision with respect to such a claim for unpaid wages within Director of Police Services and the prescribed time limits, President of the claim Union. All grievances will be paid. The application of this rule shall not constitute an interpretation of processed in the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating above manner with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEfollowing exceptions:

Appears in 1 contract

Samples: static1.squarespace.com

GRIEVANCE PROCEDURE. All questions, disputes, and controversies arising under this Agreement, or any supplement hereto, shall be adjusted and settled within the terms and conditions as set forth in this Agreement, in the manner provided by this Article, unless otherwise expressly provided in this Agreement. The procedure for such adjustment and settlement shall be as follows: STEP Any grievance of an employee shall first be taken up between such employee and the Company supervisor. However, such employee will be entitled to this Agreement agree that all steps be accompanied by a Shop Xxxxxxx or Union representative. Time limit to institute a grievance: Termination or layoff ten (10) days All others thirty (30) days STEP Failing settlement under Step such grievance shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with up between the Company in not conducting investigations in supervisor, and a manner which will unduly interfere with the Company's operationsShop Xxxxxxx or Local Union representative. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and Step must be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, completed within five (5) ten calendar days from the completion of Step STEP Failing settlement under Step the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be taken up in writinga presentation to a Grievance Board, hereinafter referred to as the "Board", consisting of two (2) Union representatives, selected by the Union, and two (2) Company representatives appointed in by an officer of the Company. The Local Chairperson or Representative All members of this Board shall present have been duly appointed and so authorized, that any settlement arrived at by this Board on a specific grievance shall be final and binding. Except by written mutual agreement between the grievance to Union and the Director Company providing for an extension of Human Resources or Representative time, Step must be completed within ten (10) calendar days from the date completion of Step In all such grievance procedures, the Union representative shall act in the capacity of Chairman of the meetings, and the Company representative shall act in the capacity of Recording Secretary. All copies of all minutes shall be signed and dated by both the Union and the Company. STEP Prior to proceeding to arbitration, the grieving party can request and if mutually agreed, that the grievance originatedbe referred to the Canadian Joint Grievance Panel Inc., established for this purpose by the Employer and the Union. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee grieving party will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee other party in of Tower by letter of its intention to appeal proceed to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond Canadian Joint Grievance Panel Inc. within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen fourteen (1514) days after completion of Step of the incident within the Tower comes to the attention of ManagementGrievance Procedure. An employee The Canadian Joint Grievance Panel Inc. shall be notified composed of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose four (4) persons, two (2) of administration of discipline whom shall be placed in an employee's file for a period of one selected by the Employer and two (1)year and then removed2) by the Union. HoweverIn the event that four (4) persons are not available, in the case of incidents of a like nature, the formal entry will The Canadian Joint Grievance Panel Inc. shall be held on an employee's file for a period composed of two (2) years and then removed. A copy persons, one (1) of all such entries or documents whom shall be sent selected from the Employer and one (1) from the Union, The Employer shall not select a representative from the Company involved nor will the Union select a representative from the Local involved. The Canadian Joint Grievance Panel Inc. shall meet to hear and determine the grievance and render a decision after hearing the matter brought before it. The majority decision of The Canadian Joint Grievance Panel Inc. on the disposition of a grievance shall be final and binding upon the parties and shall have the same effect as a decision rendered by an Arbitrator. Decisions of The Canadian Joint Grievance Panel Inc. shall not be used as precedents. If The Canadian Joint Grievance Panel Inc. is unable to reach a majority decision as outlined in Schedule pursuant to paragraph above, the grieving party may proceed to Schedule of The Canadian Joint Grievance Panel Inc. or an outside Board of Arbitration by informing the other party in writing within fourteen (14) days after The Canadian Joint Grievance Panel Inc. advises the parties that it is unable to reach a majority decision. Should the parties agree to proceed to Schedule of The Canadian Joint Grievance Panel Inc. they may proceed as outlined in the Rules and Procedures of Schedule The Canadian Joint Grievance Panel Inc. shall be governed by the Rules of Procedure and the Conduct of Proceedings established for the Panel, with necessary modifications, as set out in Schedule and Schedule STEP The Parties agree that this Letter of Understanding and Schedule and Schedule do and will form part of the Collective Agreement between the parties and will continue to form part of the Collective Agreement through successive Agreements until mutually changed by the parties. Failing settlement under the above steps, the matter will be referred to an neutral person to act as an Arbitrator, who will meet with the Parties to hear both sides of the case. Failing to agree upon a neutral person, the Department of Labour will be requested to appoint a neutral Arbitrator. The Arbitrator shall be required to hand down his decision within fourteen (14) calendar days following completion of the hearing, and his decision shall be final and binding on the two (2) Parties to the employee and to dispute. The cost of the Local Chairperson at the time any entry or document is placed on the file and both Arbitrator will be borne equally by the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The Should an employee subject to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes believe has been or is being unjustly dealt with, or that any of the provisions of the Collective this Agreement have not been withviolated, the employee with Representative, if so desires will, shall within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) seven calendar days from the date alleged unjust action, present the grievance originatedcomplaint to immediate supervisor for adjustment. The Company Representative responsible shall answer Step Failing satisfactory resolution of the complaint, the authorized local Union may, within days, present the grievance in writing within ten (10) calendar days after writing, on a form supplied by the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step OneCompany, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written employee's supervisor, whose decision shall be rendered within fifteen (15) seven calendar days. Step Within calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon following receipt of the written advance, will respond within ten calendar days if decides to change decision rendered under Step the authorized Local Union Representative may appeal the decision in writing to the Operating Department senior official, whose decision must be rendered in within calendar days. Upon request from either party, reasonable effort will be made to have meetings within the particular caseallotted times. All A grievance not progressed within the time limits are specified herein for the grievance procedure may shall be extended, but only by mutual agreement dropped and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will shall not be disciplined in excess of a written reprimand without a proper hearingsubject to further appeal. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. HoweverWhere, in the case of incidents a grievance based on only a time claim, a decision is not rendered by the designated officer of a like naturethe Company at Steps or within the time limits specified in such steps, the formal entry time claim will be paid. Payment under such circumstances shall not constitute a precedent, or waiver of the contentions of the Company in that case or in respect of other similar claims. The time limits specified in Steps and may be extended by mutual agreement between the parties referred to in each step. All conferences between shop officials and authorized Local Union Representatives will be held on an employee's file for a period by appointment and concluded during regular working hours without loss of two (2) years and then removed. A copy of all such entries or documents shall be sent earnings to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAWcommittee representatives. The Company will render its decision not discriminate against any employee who, as authorized Local Union Representatives, from time to time, represent other employees and will grant them leave of absence and free transportation over the hearing Company's lines when delegated to represent other employees. If an authorized Union Representative should consider that a provision of this Agreement has been violated, may initiate a grievance, which shall be processed in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied accordance with the decision, may process case further, commencing at Step Two foregoing provisions of this Rule NOTE: Each party will notify the grievance procedure. Should the employee be exonerated, shall be paid at regular rate other of pay for any time lost, and the record of the employee shall be cleared of the alleged offensechanges in designated officers. The settlement of any dispute a grievance shall not under any circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The Should a dispute between the Board and any employee or the Union regarding the interpretation, meaning, operation or application of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement agree that all steps has been violated, or should any other dispute arise, an xxxxxxx effort shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage dispute in the manner described in this Article, but any deviation from this procedure shall result in the forfeiture of all rights under this Article. Notwithstanding the above, an employee may attempt to resolve the dispute with the Supervisor of Caretakers (or when applicable the Chief Caretaker, or Chief Engineer) prior to proceeding to Step of the Grievance grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. Step The Company agrees that it aggrieved employee shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer submit the grievance in writing to the Recording Secretary of the Union. Step If the Grievance Committee of the Union considers the grievance to be justified, the employee concerned, together with the Grievance Committee, shall seek to settle the dispute with the employee's Supervisor of Caretakers and Supervising Engineer. Step Failing satisfactory settlement within ten (10) calendar two days after the grievance was presenteddispute is submitted under Step the Grievance Committee will submit to the Superintendent of Plant a written statement of the particulars of the and the redress sought. The Superintendent of Plant Operations shall hold a meeting with the Grievance Committee within six (6) days after receipt of such notice and shall render decision. Step Two: Within ten (10) calendar days of receipt of Failing satisfactory settlement after the decision dispute is submitted under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties Grievance Committee within fifteen (15) calendar days so that related facts will be subjected days, submit to examinationthe Comptroller of Buildings and Plant a written statement of the particulars of the complaint and redress sought. A written decision The Comptroller of Buildings and Plant shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree hold a meeting with the decision stated in Step Two, may Grievance Committee within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes receipt of such notice and shall render decision in writing at that time. Step Failing agreement being reached in Step application shall be to the attention Board, or a Committee of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. HoweverBoard, in the case of incidents of a like naturewriting, the formal entry will be held on an employee's file for a period Superintendent of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature Services of the offense warrants itBoard, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplatedor designate, no employee may be held out of service for investigation of any charges against for a period longer than three ten (310) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such next regular Board meeting, stating the grievance was submitted concerned, and a hearing shall be granted at Step One the next regular meeting of the grievance procedureBoard or a Committee designated by the Board. Step Failing a satisfactory settlement within five days after the dispute is first discussed by the Board, or a Committee of the Board, the Union may, on giving fifteen (15) days' notice in writing to the Board or a Committee of the Board of its intention, refer the dispute to arbitration. Arbitration shall be as in the Labour Relations Act of Ontario as amended from time to time. Where a grievance other than one based on dispute involving a claim for unpaid wages is not progressed by question of application or interpretation occurs, the CAW Board and the Union may agree to bypass subsection Steps and of this Article. Grievances settled satisfactorily within the prescribed time limits, allowed shall date from the time that the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidwas filed. The application of this rule shall not constitute an interpretation of Board will supply the Collective Agreementnecessary facilities for grievance meetings. The time limits as provided under this Article will apply equally to grievances originating with fixed in both the Company grievance and arbitration procedures may be extended by mutual agreement consent in writingwriting of the parties to this Agreement. Where At any stage of grievance or arbitration procedure, the term “calendar days” is usedparties may have the assistance of the employee concerned and any other witnesses, Saturdays, Sundays and holidays are excluded. ARTICLEall reasonable arrangements will be made to permit the conferring parties or the arbitrator to have access to any part of the Board's premises to view any conditions which may be relevant to the settlement of the grievance.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. Each of the parties hereto will bear the expenses of their appointee and the parties will share equally the expenses of the Chair. All cost related to witnesses called by a party will be paid for by that The Board of Arbitration shall not have any authority to alter or change any of the provisions of this Agreement or to substituteany new provisions in lieu thereof, or to give any decision contrary to the and conditions of this Agreement. The parties may agree that all steps shall in writing to seek appointment of a single Arbitrator. Should they be unable to agree on a single Arbitrator, the parties may jointly request the Minister of Labour to make an appointment. Each of the parties will share equally (half and half) the expenses of a single Arbitrator. Union Grievance and Board Grievance A policy grievance is defined as and limited to one which alleges an actual violation relating to the interpretation, applicationor administration of this agreement, involving more than one Member and which could not under any circumstances be resolved at a lower step of the grievance procedure because of the nature, complexity and scope of the grievance or which could not be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed up as an individual Member’s grievance. An employee who believes has been or is being unjustly dealt withSuch policy grievance shall state the facts giving rise to the grievance, or that any provisions including the date on which the incident giving rise to the grievance occurred; shall identify the specific Articles and clauses of the Collective Agreement have not been with, claimed violated; shall state the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be in writingrelief requested. The Local Chairperson Union or Representative shall present the Board may initiate a policy grievance subject to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents a Union policy grievance the grievance shall be signed by the President of the Union, or designate and in the case of a like nature, Board policy grievance the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents grievance shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension signed by the Director of Human Resources shall meet with Education, or designate. A policy grievance must be initiated within twenty (20) days from the Local Chairpersontime the circumstances giving rise to the grievance were known or should have been known. In the case of a Union policy grievance, the employee and Supervisor, grievance shall proceed immediately to discuss the offense Director; in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding case of a hearing. The employee must be notified at least one (1) working day in advance of such grievance initiatedby the Board or by a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limitsBoard, it shall be considered dropped. When forwarded to the appropriate officer President of the Company fails to render a decision with respect to such a claim Union for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEresolution.

Appears in 1 contract

Samples: Letter of Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that grievances It is the mutual desire of the parties hereto, at the complaints of regular employees shall be adjusted or finalized as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate Xxxxxxx an opportunity of adjusting his complaint. Every effort Should he so desire, he may accompanied by a Xxxxxxx, and this permission shall not be unduly withheld. Any grievance must be submitted in writing, duly signed, and or from the date it became known to employee, or same shall not be subject to grievance procedure unless agreed to by the Company. In the event of a grievance concerning the discharge of a regular employee it shall be initiated at Step No. The shall be advised by the Company of the discharge of any regular employee. All reference to days the following steps of the grievance procedure mean Plant working days, and time limits specified may be waived by mutual agreement. More than one employee may sign a grievance form for an identical grievance. It will be made processed in the same manner as if each had a separate grievance, except that the group would be represented in the grievance and arbitration procedures by not more than two of the grievers. STEP NO. 1 If an employee has a grievance he wishes to settle disputes during discuss with the early stage Company, he shall, accompanied by his Xxxxxxx, take the matter up with his immediate Xxxxxxx within two working days from the time he receives a reply to his complaint. matter is not settled satisfactorily within two working shall then be reported to the Shift Superintendent, who will meet the Grievance Committee of the Union. STEP NO. 3 within two working Grievance Committee of the Union may request a meeting with the Production Manager to endeavour to adjust the grievance, and such meeting shall be held within five working days, or within any longer period which may be agreed upon. The Grievance Committee may be assisted at this meeting by an official of the Union. Should a satisfactory settlement not be reached in this step of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of Procedure within working days after the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate has met with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withManagement, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisorthen, if the matter is not settled satisfactorilyone involving interpretation or alleged violation of this Agreement, it may be referred within the following steps in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance next days to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance Arbitration Procedure as outlined in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt Article 6 of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case Labour Agreement. complaint withrespect to the President and/or designated Management employee conduct of Tower. its officers, committee men, stewards, or of the employees generally, or to the The President and/or designated Management employee complaint will arrange first be presented to the Resident of the Union, and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) within seven working days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended Representatives by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLE.

Appears in 1 contract

Samples: Labour Agreement

GRIEVANCE PROCEDURE. The It is the mutual desire of the Parties hereto that complaint or cause for dissatisfaction arising between an employee and the Employer with respect to the application, interpretation or alleged violation of this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made It is generally understood that an employee has no complaint or grievance until either directly or through the Union, has first given Client Service Manager an opportunity to settle disputes during adjust the early stage of the Grievance procedurecomplaint. It In this Article it is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee terms “Client Service Manager, General Manager and Human Resources Manager” used in order this Agreement refer to investigate and participate in grievance matters and the Union agrees that position or the members of equivalent position within each individual Employer’s organization. If, after registering the Union Grievance Committee will cooperate complaint with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter such complaint is not settled satisfactorilywithin five regular working days or within any longer period which may have been agreed to by the Parties (in writing), then the following steps in of the Grievance grievance procedure shall applymay be invoked: One: STEP ONE The grievance shall be submitted in writingwriting to the Site Manager or management designate either directly or through the Union. The Local Chairperson Site Manager or Representative management designate shall present meet with the grievance to employee and the Director of Human Resources or Representative employee’s Union xxxxxxx within ten (10) calendar working days from of the date the grievance originated. The Company Representative responsible shall answer receipt of the grievance in writing an attempt to resolve the grievance. The Site Manager or management designate shall within a further five (5) working days give answer on the grievance form and return it to the Union, STEP TWO If the decision of the Site Manager or management designate is not satisfactory, the grievance will be submitted to the Employer within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Towerworking days. The President and/or designated Management employee will arrange and chair a meeting of the interested parties Employer within fifteen (15) calendar working days so that related facts will be subjected hold a meeting between the employee and the Union grievance committee, not to examinationexceed three (3) in number and the appropriate representatives of Management, in a final attempt to resolve the grievance. A written Staff Representative of the Union the may be present at this meeting if requested by either Party, The Employer shall within a further ten (10) working days give decision in writing, on the grievance form and return it to Union. The Employer shall not be to consider any grievance which is not presented within ten (10) working days after the or the Union first became aware of the alleged violation of the Agreement. Thereafter, the time limits in the Grievance Procedure shall be rendered within fifteen (15) calendar days considered directory and not mandatory. If final settlement of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Grievance is not reached at Step Two, the Grievance may within sixty (60) days advise the President and/or designated Management employee of Tower be referred in writing by letter of intention either Party to appeal to arbitration in the manner prescribed Arbitration as provided in Article The President and/or designated Management employee upon receipt of the written advance, will respond I at any time within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen five (1555) days after the incident within the Tower comes decision is received under Step Two. Employer grievances will be submitted directly to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, servicing Staff Representative in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removedrespective area. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the All time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement of the parties, The Union agrees that all correspondence from the Union shall be on official letterhead. All policy and group grievances shall be submitted at Step within the time limits contained in writingArticle Where stewards are required to attend meetings with the employer outside of regular hours of work, such time spent shall be considered time worked. Where For the term “calendar days” is usedpurposes of this Article, Saturdayscall-in pay provisions contained in this Agreement shall not apply. Should final settlement of the grievance be reached and no written request to arbitrate be sent by facsimile or registered mail within the fifty-five (55) working days following receipt of the Employer’s response under Step Two, Sundays and holidays are excludedthe grievance shall be deemed withdrawn. ARTICLEFor any grievance of a continuous nature, the Employer’s liability shall be limited to thirty (30)days prior to the filing of the grievance, provided that the Union has received notice pursuant to Article

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. The to this Agreement agree that all steps shall be taken to assure that All grievances shall be adjusted or finalized dealt with and disposed of as quickly as possiblehereinafter provided. Every effort will be made to settle disputes during the early stage of the Grievance procedureAnyemployee having discussitwith his committeeman. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: The grievance shall be discussed orally with the supervisor concerned and the involved shall endeavour to equitably resolve the issues in writingdispute. Ifthegrievance resolved in thismannerwithin and presented to the Supervisor. The Local Chairperson or Representative shall present Supervisor will render a decision in writing no laterthan the day following the presentation of the written grievance. If the Supervisor's decision is not satisfactory to the ag- grieved, the grievance may be presented by the Shop Committee to the Director of Human Resources or Representative within ten (10) calendar days from Management to be taken up at the date the grievance originated. The Company Representative responsible first meeting arranged between Management and Committee Management shall answer the grievance render its decision in writing within ten (10) calendar two working days after following the grievance was presentedmeeting. Step Two: Within ten (10) calendar days Meetings shall be arranged between Shop Committee and Management at the request of receipt either party. At any meeting with the Management, the Committee may have present any employee involved in a grievance. If the decision of the decision under Step OneManagement is not satisfactory to the employee concerned, the Local Chairperson and/or parties to the Accredited Representative may appeal shall agree an arbitrator, to whom the matter will be immediately referred for arbitration forthwith. In the eventthatthe partiescannot agree within ten days, the Minister of Labour for Ontario will be requested to appoint an Arbitrator. A discharged employee, before leaving the plant, shall be given an opportunity to explain the circumstances of the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examinationhis committeeman. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the discharged employee may present available evidence a grievance in writing, either direct or witnesses through the Plant Committee to support caseManage- ment, within forty-eight hours of discharge, and Management will negotiate the grievance respecting such discharge and render a decision within forty eight (48) hours after its receipt. The employee must also If the decision of the Management is not satisfactory, the grievance may be referred to arbitration as herein provided. In the proceedings of negotiations with the Management, the Plant Committee may be represented by the local Union representation, and/or an duly accredited representative repre- sentatives of the CAWUnion. Thearbitratorshall not havejurisdiction toalterorchangeany of the provisions of this agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this agreement, nor to deal in any matter not covered by this agreement. The Company arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty as in the opinion of the arbitrator is just and equitable. Each of the parties hereto will render its share equally the expense of the arbitrator. The decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, arbitrator shall be paid at regular rate of pay for any time lost, final and binding upon the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEparties.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The parties to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances grievance lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been complied with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps in the Grievance procedure shall apply: One: Step The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of TowerTower Limited. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Step Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower Limited by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanormisdemeanour, the Director of the related department or their designated representative and/or the Director director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal entry which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a fora period of one (1)year year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at Chairpersonat the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense offence in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense offence warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense offence is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence and/or available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe If the employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at ai regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offenseoffence. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer appropriate officer of the Company within the prescribed time limits, the grievance will be he processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term "calendar days" is used, Saturdays, Sundays and holidays are excluded. ARTICLEProvision shall be made inthe following manner for the final and binding settlement, without stoppage of work, of differences or disputes which arise concerning the application or interpretation of this Agreement governing rates of pay and working conditions which cannot otherwise be disposed of officers of the Company and the CAW.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. The An administrator may request, through established channels, reconsideration of his salary determination or consideration of grievances pertaining to terms and conditions of employment contemplated or effected by the Board. In addition to or in lieu thereof, he may follow the procedure set forth in the further provisions of this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during Article V. In either event, at the early stage request of the Grievance procedureadministrator, the salary or grievance in question will not be presented at a public meeting until reconsideration is completed. It is understood that a reasonable amount of At any time may be spent by members subsequent to an administrator's receipt of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt with, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires will, within five (5) calendar days of the alleged violation bring this to the attention of Supervisor. After discussion with Supervisor, if the matter is not settled satisfactorily, the following steps notification specified in the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance to the Director second paragraph of Human Resources or Representative within ten Article VI hereof, but not later than fourteen (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (1014) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days administrator receives his contract or letter of receipt employment setting forth the amount of salary that is the decision under Step Onesource of his dissatisfaction, the Local Chairperson and/or the Accredited Representative he may appeal the case submit to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair Superintendent a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein report for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance appointment of a formal documentReview Panel, a member of which must be named in such request. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of Within two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge school days after receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairpersonsuch request, the employee and SupervisorSuperintendent shall name a second member of the Review Panel. The two (2) members so named, to discuss within two (2) additional working days, shall name a third member. The members of the offense Review Panel must be employees of the Board included in questionjob classifications represented by the Association for purposes of negotiations. Within three (3) working days after appointment of such discussionthird member, the employee Review Panel shall meet with the dissatisfied administrator. At such meeting the administrator will be notified given reasonable opportunity to present his position with regard to his alleged grievance, including such voluntary oral or written statements of any discipline in writing and the Local Chairperson will be provided with a copyother persons as he may deem important. Unless the nature The Review Panel may also accept such oral or written statements of other persons as it may deem appropriate. If at least two (2) members of the offense warrants itReview Panel agree in whole or in part with the administrator's position, the employee will not be held out of service pending discipline. When Panel at its option, may request a conference with the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearingBoard. The employee date of such request must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing made within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEten

Appears in 1 contract

Samples: Agreement for Contract

GRIEVANCE PROCEDURE. The It is the mutual desire of the parties to this Agreement agree that all steps a grievance of an employee shall be taken to assure that grievances shall be adjusted or finalized resolved as quickly promptly as possible. Every effort No grievance shall be considered which 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 made deemed to settle disputes during 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 early nature of the grievance, the remedy sought and the specific provisions of the Collective Agreement alleged to have been violated. Step Step Step It is understood that an employee has no grievance until has first discussed the issue with immediateSupervisor and given the Supervisor an opportunity to resolve the issue. If no settlement can be reached, then a grievance arising under the Agreement relatingto the interpretation, applicationor alleged violation of the Agreement must then be submitted in writing within five (5) working days after the circumstances, giving rise to the grievance occurred or originated. The grievance must be processed and dealt with in accordance with the terms and provisions set forth in this The employee may, if wishes, be accompanied by Xxxxxxx at any stage of the Grievance this grievance procedure. It is understood that a reasonable amount of time may it is the employee's responsibilityto arrange for the Xxxxxxx to be spent by members present. Within five (5) working days followingthe decision under Step the employee must submit the written grievance to the Director. 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 grievance meeting was convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the and review the grievance. A representative of the Union Grievance Committee may attend this meeting if requestedto do so by either party. A decision in order writing will be rendered within five (5) working days from the date on which the grievance meeting was convened. In the event the decision of the Executive Director is not satisfactory to investigate and participate the the may refer the matter to Arbitration in accordance with the provisionof this Agreement. If no written request for Arbitration is received within ten working days from the ! date of the decision under this Step, the grievance matters shall be deemed to be settled. If it is a Union Xxxxxxx to assist an employee with the presentation of a grievance, shall not leave work without first obtaining the permission of Supervisor. It is agreed that a grievance arising directly between the Employer and the Union agrees that (a policy grievance) or a grievance claiming the members unjust discharge of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. The Grievance Procedure shall apply equally to grievances lodged by a group of employees and be processed as an individual grievance. An employee who believes has been or is being unjustly dealt withcompleted probationaryperiod, or that any provisions of the Collective Agreement have not been with, the employee with Representative, if so desires willmust be originated under Step above, within five (5) calendar working days after the circumstances giving rise to the grievance occurred or originated and the time limit set out with respect to Step shall apply. 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 regular grievance procedure shall not be by-passed. Probationary employees may not access the grievance procedure if discharged during the probation period. All agreements reached under the grievance procedure between the representativesof the Employer and the representativesof the Union, shall be final and binding upon the Employer, the Union, and the Employees. Notwithstanding the foregoing, the parties may agree to waive or extend any of the alleged violation bring time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the attention of Supervisor. After discussion with Supervisorright, if so requeststo 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 agreement of the other party, may submit a grievance to Grievance Mediationat any time after the Employer's decision has been renderedat the step prior to Arbitration. Where the matter is not settled satisfactorilyso referred, the following steps in mediation process shall take place before the Grievance procedure shall apply: One: The grievance shall be in writing. The Local Chairperson or Representative shall present the grievance matter is referred to the Director of Human Resources or Representative within ten (10) calendar days from the date the grievance originated. The Company Representative responsible shall answer the grievance in writing within ten (10) calendar days after the grievance was presented. Step Two: Within ten (10) calendar days of receipt of the decision under Step One, the Local Chairperson and/or the Accredited Representative may appeal the case to the President and/or designated Management employee of Tower. The President and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered within fifteen (15) calendar days of hearing the appeal. Three: Should the Accredited Representative disagree with the decision stated in Step Two, may within sixty (60) days advise the President and/or designated Management employee of Tower by letter of intention to appeal to arbitration in the manner prescribed in Article The President and/or designated Management employee upon receipt of the written advance, will respond within ten calendar days if decides to change the decision rendered in the particular case. All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. In cases when an employee is investigated as a result of an alleged misdemeanor, the Director of the related department or their designated representative and/or the Director of Human Resources will investigate the incident with all related parties prior to the issuance of a formal document. An employee who had completed probationary period will not be disciplined in excess of a written reprimand without a proper hearing. Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on record. Any formal which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1)year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local Chairperson at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. Any discipline assessed will be imposed without delay. In case of discipline involving potential suspension the Director of Human Resources shall meet with the Local Chairperson, the employee and Supervisor, to discuss the offense in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local Chairperson will be provided with a copy. Unless the nature of the offense warrants it, the employee will not be held out of service pending discipline. When the nature of the alleged offense is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against for a period longer than three (3) working days, unless mutually extended by the Local Chairperson and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or representative shall be given in writing a complete list of the charges against and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. Ifthe employee is not satisfied with the decision, may process case further, commencing at Step Two of the grievance procedure. Should the employee be exonerated, shall be paid at regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offense. The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriateofficer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. Where the term “calendar days” is used, Saturdays, Sundays and holidays are excluded. ARTICLEArbitration.

Appears in 1 contract

Samples: Collective Agreement

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