Common use of GRIEVANCE PROCEDURE Clause in Contracts

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

Appears in 6 contracts

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

AutoNDA by SimpleDocs

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

Appears in 5 contracts

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

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

Appears in 5 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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

Appears in 4 contracts

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

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

Appears in 4 contracts

Samples: Union Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. 14.01 It is mutually agreed a mutual desire of the parties to resolve complaints as quickly as possible. Such complaints shall be acted upon in the following manner and sequence, however, nothing in this article precludes a nurse from discussing issues with their supervisor in an informal manner. It is the intent of the parties that all grievancescomplaints of nurses shall be adjusted as quickly as possible, disputes and it is understood that a nurse has no grievance until she or complaints he has first given her or his Program Manager the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his Program Manager within five (5) work days after the circumstances giving rise to it have occurred. If there is no settlement within five (5) work days, it shall then be taken up as a written grievance within five (5) work days. If a nurse elects to have the assistance of a Union representative, the Program Manager can have the assistance of another member of management. Within five (5) work days following the decision at Step 1, a written grievance shall be submitted to the Assistant CAO or designate. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. A meeting will be held which may include the appropriate departmental management representatives, the Labour Relations Officer, grievance committee and/or grievor within fifteen (15) work days from the date the grievance is received in the Human Resources Department. The Assistant CAO or designate will deliver the written decision to the chairperson of the grievance committee with a copy to the Labour Relations Officer within five (5) work days from the date on which the meeting was held. 14.02 If the alleged circumstances of the grievance occurred more than fifteen (15) work days prior to the filing of the grievance at Step 2 the Employer may at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter. 14.03 Any difference arising under directly between the Employer and during the terms Union involving the interpretation, application or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step 2. This grievance shall be settled in accordance with commenced within thirty-five (35) calendar days of the procedure herein provideddate of occurrence. Every effort No Union grievance shall be made presented at Step 2 which a nurse, or a group of nurses could normally process as an individual or group grievance. 14.04 Where more than two (2) nurses have a common complaint, it may be submitted as a group grievance at Step 2 within nine (9) work days after the circumstances giving rise to adjust controversies the complaint have occurred. 14.05 Failing settlement under the foregoing procedure of any grievance including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration, as in Article 16. If no written request for arbitration is received by the Assistant CAO or designate within fifteen (15) work days after the decision under Step 2 is given, it shall be deemed to have been settled and disagreements not eligible for arbitration. 14.06 It is agreed that grievances and replies to grievances shall be in an amicable manner writing at all stages. 14.07 All agreements reached under the grievance procedure between the Employer and the Union, will be final and binding upon the Employer, the Union and the nurse(s). B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. 14.08 Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor adjustment resulting from the Employer's disposal of the grievance or failure arbitration procedures, shall not be retroactive prior to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt the date of the written grievanceoccurrence which resulted in the grievance being filed. This clause shall not prevent the adjustment of pay caused by errors in computation. 14.09 If no answer is given to the grievor(s) within the time limit specified in the grievance procedure, give his decision in writing. The Union may automatically take it the grievor(s) shall be entitled to proceed to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or duestep. STEP 3. In the event the 14.10 Work day" as used in this article and Article 15 shall mean a day other than Saturday, Sunday or a specified paid holiday. 14.11 A grievance that is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped deemed to be settled and not subject to further appeal unless disposition shall be as per the time limit is extended by mutual Agreement by written memorandumreply given at the preceding step.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. 17.01 For purposes of the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this article, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. 17.02 It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1hereto that complaints of employees shall be adjusted as quickly as possible. Any It is understood that an employee having a has no grievance shall until he has first take up the matter with his/her given his immediate supervisor and Union representativethe opportunity of adjusting his complaint orally or in writing. A grievance not submitted If any employee has a complaint, he shall discuss it with his immediate supervisor within five (5) working days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence employee. The supervisor shall be considered automatically closed. STEP 2. In give his response to the event the supervisor in STEP 1 does not give a decision complaint within five (5) working daysdays and, or the matter is not satisfactorily settled in STEP 1failing settlement, the employee or Xxxxxxx shall reduce the it may be then taken up as a grievance to writing and present a copy to within five (5) days after being advised of the immediate supervisor's decision in the following manner and sequence: If the employee wishes, he may go directly to step 1 of the grievance procedure without following the process outlined above. Said If an employee decides to go directly to step 1 he must file his grievance under step 1 within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, who may request the assistance of his xxxxxxx, may present his grievance to his immediate supervisor. The grievance shall be in writing on a grievance form approved by the Company and the Union. The grievance shall be signed by the grievant employee and must be presented shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate supervisor shall deliver his decision in writing within five (5) working days to following the immediate supervisor from the Employer's disposal presentation of the grievance to him. Failing Settlement: Within five (5) days after the decision in which Step #1 is given, the employee, who may request the assistance of the xxxxxxx, may submit the grievance in writing to his Human Resources Manager or failure to dispose of same at STEP 1. Said supervisor shall, his designate who shall deliver his decision in writing within five (5) working days following the presentation of the grievance to him. Where an employee's immediate supervisor and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after receipt the decision in Step #2, the grievor, who may have the assistance of the written grievanceUnion xxxxxxx, give may submit the grievance in writing to the Store Manager or his decision in writingdesignate. A meeting will then be held between the Store Manager or his designate and the employee and the Union xxxxxxx. Such meeting shall be held within five (5) days of submission of the grievance at Step #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall be present at such meeting at the request of either party and that the Company may also have such counsel and assistance as it may desire. The decision of the Store Manager or his designate shall be delivered in writing within five (5) days following the date of such meeting. 17.03 It is agreed that a policy grievance arising directly between the Company and the Union shall be originated under Step #3 and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may automatically take it not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. 17.04 A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step #3 of the grievance procedure within five (5) days after the date the discharge or suspension is effected. Such grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Company's action in dismissing the employee, or (b) by any other arrangement which may be deemed just and equitable. 17.05 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievances may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision under Step #3 is given, the grievance shall be deemed to have been abandoned. 17.06 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. 17.07 No adjustment effected under the grievance or arbitration procedure if no decision is given in shall be made retroactive beyond five (5) working days by prior to the said supervisordate that the grievance was formally discussed or presented to the Company except in the case of wages or other cash benefits issues, where the adjustment shall not be retroactive prior to the first occurrence of the issue but in any case not before 45 days prior to the date that the grievance was formally discussed or presented to the Company. 17.08 When either party requests that any matter may be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this agreement, and at the same time nominate an arbitrator. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within Within five (5) working days from thereafter the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2other party shall nominate an arbitrator; provided, and it has been properly appealed however, that if such party fails to STEP 3 nominate an arbitrator as provided in STEP 2 aboveherein required, the presiding judge Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two arbitrators so nominated shall attempt to select by agreement a chairman of the Court involved and arbitration board. If they are unable to agree upon such a representative chairman within a period of ten (10) days, they shall then request the Local Union and MAPE shall meet Minister of Labour for the Province of Ontario to appoint an impartial chairman. If a chairman has not been agreed upon by the two arbitrators within twenty thirty (2030) working calendar days of the day appointment of appealthe second arbitrator, unless otherwise mutually extended by Agreement in writing to discuss or a request has not been made of the Ministry of Labour, the grievance and, if the parties at this step cannot shall be deemed to have been abandoned. 17.09 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance or otherwise dispose of it, the said judge, within five (5) working days grievance. 17.10 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the meeting, shall give his answer to the grievance in writingprocedure. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. 17.11 The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are board shall not able be authorized to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The make any decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of inconsistent with the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority agreement, nor to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to alter, modify, add to or subtract from or modify the terms and conditions amend any part of this Agreement. agreement nor to award interest. 17.12 The Arbitrator's fees proceedings of the arbitration board will be expedited by the parties hereto and the decision of the majority and, where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. 17.13 Each of the parties hereto will bear the expense of arbitration shall be shared equally the arbitrator appointed by the Employer it and the Union. Howeverparties will share equally the expenses, each party shall bear their own expenses in connection with if any, of the arbitrationchairman of the arbitration board. C. Any grievance not appealed from a decision in one of 17.14 The parties acknowledge that the steps above to the next step within the prescribed time limits shall set out in both the grievance and arbitration procedures must be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement strictly complied with except by written memorandumagreement to extend them and failure to so comply shall result in the grievance being deemed to have been abandoned.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

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

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Custodial/Maintenance Agreement, Custodial/Maintenance Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesSection 5.1 In this Article, disputes or complaints arising under a grievance shall consist only of a dispute concerning interpretation and during application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of this Agreement shall be settled in accordance with the procedure herein providedAgreement. Every effort shall be made If any question arises as to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any whether a particular dispute is or is not a grievance, disputes or complaints arise over within the interpretation or application meaning of these provisions, the contents of this Agreementquestion may be taken up through the Grievance Procedure and determined, there if necessary by arbitration. There shall be an xxxxxxx effort on the part of the both parties to settle such grievance, dispute or complaint grievances promptly through the following steps: Step 1: A grieving employee shall present his grievance verbally to the Driveway Manager or his designate within three (3) work days after the occurrence of the matter which is the subject of the grievance, or within three (3) days of the employee becoming aware of the grievance. The employee may be accompanied by the appropriate Xxxxxxx. There shall be an answer within (3) days of work. STEP 1. Any Step 2: If the answer does not satisfy the employee having a involved, then the grievance shall first take up be presented in writing dated and signed to the matter with his/her immediate supervisor and Union representative. A grievance not submitted Centre Manager or his designate within five (5) working days of its occurrence work following receipt of the verbal answer. The Centre Manager or when his designate shall meet with the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In grievor, the event the supervisor in STEP 1 does not give appropriate Xxxxxxx and a decision full-time Union Representative if his presence is requested by either party within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce days of work following receipt of the grievance to writing and present a copy to by the immediate supervisorCentre Manager. Said grievance A written answer shall be signed given by the grievant and must be presented Centre Manager within five (5) working days of work following the meeting. If the grievor is still not satisfied, then the grievance may be referred to arbitration within ten (10) days of work following the immediate supervisor from the EmployerCentre Manager's disposal reply. Section 5.2 It is mutually agreed and understood that a grievance may be settled at any stage of the Grievance Procedure and that any grievance not processed within the time limits specified, or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union such time limits as may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise be mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitratoragreed upon, shall be conducted under the voluntary rules deemed to have been settled, and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator not be arbitrable. Section 5.3 All monetary grievances that are mutually agreed upon shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a paid the pay day for the pay period in which the grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationwas mutually agreed upon. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Custodial/Maintenance Agreement, Custodial/Maintenance Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Commercial Building Agreement, Commercial Building Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: National Agreement, National Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed 12.01 The Company agrees that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and elect from themselves a Union Xxxxxxx at a meeting duly called by the Union. B. 12.02 Should any grievancean employee have a complaint, disputes he shall discuss this with his Union Xxxxxxx who will proceed to take the matter up with the Company or complaints arise over its chosen Representative. The Union Xxxxxxx may request the interpretation or application presence of the contents of this Agreement, there Union Representative as such a meeting. 12.03 The Company shall be an xxxxxxx effort on under no obligation to consider or process any complaint unless such complaint has been presented to the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted Company in writing within five (5) working days of its occurrence from the time the circumstances upon which the complaint is based, were known or when should have been known by the employee could reasonably have obtained knowledge of its occurrence complaining employee. Any complaint not put in writing within the required time limit shall be considered automatically closeddeemed to be abandoned. STEP 2. In 12.04 Should the event Union and the supervisor in STEP 1 does not give Representative of the Company fail to arrive at a decision satisfactory settlement within five three (53) working days, or any other time mutually agreed upon, the matter is not satisfactorily settled in STEP 1, shall then be referred to Arbitration as herein with provided for. 12.05 Any complaints which the employee or Xxxxxxx shall reduce the grievance to writing and present a copy Company may have as to the immediate supervisor. Said grievance carrying out of this Agreement or as to the conduct or work of any employee, shall be signed by the grievant and must be presented within five (5) working days made to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writingUnion Xxxxxxx. The Union may automatically take Xxxxxxx shall immediately deal with the said complaint and if necessary, he shall bring it to the next step representative of the grievance procedure if no decision is given in five (5) working days Union. In addition, the Company, on behalf of its members, has the right to bring complaints to the Union. 12.06 All complaints by the said supervisor. Unresolved grievances Union against the Company shall proceed be communicated to STEP 3, provided they have been appealed within five (5) working days from the date Company by the answer was received Union Xxxxxxx or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, Union Representative and it has been properly appealed to STEP 3 as provided in STEP 2 aboveshall be dealt with immediately at a meeting between the Union Xxxxxxx, the presiding judge of the Court involved Union representative and a representative of the Local Company. 12.07 In the event of failure to agree, both parties will refer the dispute to a meeting between the Union and MAPE the Company who will endeavour, within three (3) working days, or any other time mutually agreed upon, to settle the dispute, and failing the satisfactory settlement the matter shall meet within twenty be referred to Arbitration as herein provided for. 12.08 No grievance by any employee shall be considered, which has originated seven (207) working days prior to its presentation. 12.09 No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the day of appeal, unless otherwise mutually extended by Agreement in writing grievance procedure within the time order and steps specified. Any and all time limits referred to discuss under the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties herein are not able to mutually agree on an Arbitrator, shall mandatory and may be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy extended only by mutual agreement between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer Company and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievancesA grievance shall be an alleged violation, disputes misinterpretation or complaints arising under and during misapplication of the express terms of this Agreement shall be settled in accordance with Contract. By the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between mutual consent the Employer and the Union. B. Should Union may extend, in writing, the time limits of any grievance, disputes or complaints arise over the interpretation or application of the contents foregoing Grievance Procedure Steps. Failure of this Agreement, there the Union to meet the specified time limits in any of the Steps in the Grievance Procedure eliminates the opportunity to proceed to the next Step or to re-file that grievance. Failure of the Employer to meet the specified time limit automatically gives the Union the right to proceed to the next Step. Working days shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly defmed as Monday through the following steps. STEP 1Friday excluding all paid holidays. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and or Union representative. A grievance not submitted presented for disposition through the Grievance Procedure within five (5) working days of its the occurrence of the conditions giving rise to the grievance, or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working daysdays of the date it is reasonable to assume that the employee first became aware of the conditions giving rise to the grievance, unless, the circumstances made it impossible for the employee or the matter Union, as the case may be, to know prior to that date that there were grounds for such a claim, the grievance shall not hereafter be considered a grievance under this Agreement. Step One.‌ (a) Any employee having a grievance shall discuss the grievance informally with the Building Principal and/or Supervisor of Buildings and Grounds and then if the grievance is not satisfactorily settled in STEP 1orally, the employee may request a meeting with the Xxxxxxx to discuss the grievance. (b) The Xxxxxxx then may submit the grievance in writing to the Supervisor of Buildings and Grounds stating the remedy or correction requested, plus the facts upon which the grievance is based and the alleged Contract violation. The employee and the Xxxxxxx shall reduce sign the grievance. Step Two. (a) The Supervisor of Buildings and Grounds shall then, within two (2) working days, meet with the Xxxxxxx and the employee to discuss the grievance. (b) The Supervisor of Buildings and Grounds shall then give his decision in writing within two (2) working days of his meeting with the Xxxxxxx and the employee. Step Three. (a) Any appeal of a decision rendered by the Supervisor of Buildings and Grounds shall be presented to the Assistant Superintendent for Human Resources and Operations within five (5) working days of the receipt ofms written decision. (b) The appeal shall be in writing and state the reason or reasons why the decision of the Supervisor of Buildings and Grounds was not acceptable. (c) The Assistant Superintendent for Human Resources and Operations or his designate shall meet with a Business Representative of the Union at a time mutually agreeable to them, but no later than f1.fteen(15) working days following receipt of the appeal. (d) The Assistant Superintendent for Human Resources and Operations shall give his decision in writing relative to the grievance to writing within five (5) working days of the meeting with the Business Representative of the Union. Step Four. (a) If the decision of the Assistant Superintendent for Human Resources and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and Operations or his designate is unsatisfactory, an appeal must be presented in writing within five (5) working days to the immediate supervisor from Board of Education. ;I, :.1 :I :I l J J ] J :I :I J J J I I I I I I I I I I XX XX I II IJ‌ Step Five. (a) The written appeal must state the Employer's disposal reason or reasons why the decision of the grievance or failure to dispose Assistant Superintendent for Human Resources and Operations was unsatisfactory . The Board of same at STEP 1. Said supervisor shall, within five (5) working days after receipt Education shall meet with a Business Representative of the written grievanceUnion at a time mutually agreeable to both parties, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if but no decision is given in five later than thirty (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (530) working days from the date date' of the answer was received or due. STEP 3receipt of the appeal. In the event The Board of Education shall give a decision in writing relative to the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty ten (2010) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judgeBusiness Representative's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection meeting with the arbitrationBoard of Education. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. Section 1. A grievance under this Agreement is a written dispute, claim or complaint arising under this Agreement, which has not been satisfactorily resolved informally between the employee and the Supervisor of Transportation and, at the employee's request, the employee's Xxxxxxx. It is mutually agreed that all grievances, disputes may be filed by an employee in the bargaining unit. Grievances are limited to matters of interpretation or complaints arising application of this Agreement. Step 1. In the event a dispute or grievance arises under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents term of this Agreement, there the grievance shall be an xxxxxxx effort on submitted in writing, signed by the part of employee(s) involved. The employee(s) involved and the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance Xxxxxxx shall first take up discuss the matter with his/her immediate supervisor the Supervisor of Transportation who will consider such grievance and Union representative. A grievance not submitted reply to the employee(s) involved within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge receipt of its occurrence shall be considered automatically closedsuch grievance. STEP Step 2. In the event the supervisor in STEP 1 does If a satisfactory settlement is not give a decision made within five (5) working days, or days of the matter is not satisfactorily settled reply as indicated in STEP Step 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be submitted in writing, signed by the grievant employee(s) and must filed by the Xxxxxxx with the Director of Business. A meeting will be presented scheduled with the Director of Business within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union Director of Business shall answer the grievance in writing within five working days after the conclusion of the meeting. The grievant (or not more than two members of a group of grievants), together with the Xxxxxxx, Grievance Chair, and, if desired, the MEA Representative, will meet with the Director of Business. Step 3. If the grievance has not been adjusted in either Steps 1 or 2, the matter may automatically take it be referred to the next step Superintendent of Schools within five working days after the written answer given in Step 2. A meeting will be scheduled with the Superintendent within ten working days after receipt of the grievance. A grievant shall be entitled to have both Stewards, the local union president and/or the MEA representative of the Union present to assist in the adjustment of the grievance procedure if no decision is given in five (5) working days by the said supervisorthis step. Unresolved grievances The Superintendent of Schools shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingwriting within ten working days. STEP Step 4. In the event If the grievance is has not settled been satisfactorily adjusted at STEP Steps 1, 2 or 3, the grieving party Union may appeal, request arbitration within twenty (20) working 30 days after the reply of the said judge's answer or failure Superintendent is received, by written notice to answer, to arbitration. The Employer and the Union shall mutually select the ArbitratorSuperintendent. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, proceedings shall be conducted under by an ad hoc arbitrator to be selected by the voluntary Employer and Union within seven days after notice has been given. If the parties fail to select an arbitrator within such time, either party may request that the grievance be referred to the American Arbitration Association. Thereafter, the grievance shall be handled in accordance with the rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear Expenses for the controversy between arbitrator's service and the parties. The decision of the Arbitrator proceedings shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared borne equally by the Employer and the Union. However, each party shall bear their be responsible for compensating its own expenses in connection with representatives and witnesses. If either party desires a verbatim record of the arbitrationproceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. There shall be no appeal from the arbitrator's decision. Each such decision shall be final and binding on the Union and its members, the employee or employees involved, and Employer. C. Section 2. Any grievance upon which a disposition is not appealed from a decision in one made by the Employer within the time limits prescribed or any extension which may have been agreed to, shall be deemed to be granted if the monetary liability of the steps above district on such grievance does not exceed $150.00. If the grievance involves a monetary liability in excess of $150.00, the grievance shall automatically be referred to the next step of the grievance procedure. Any grievance not carried to the next step by the Union within the prescribed time limits agreed to shall be considered dropped automatically closed upon the basis of the last disposition, and shall not be subject to further review unless stipulated to by the Employer and the Union. Any grievance resolved by default under this section shall not be considered a precedent for any other case. Section 3. Any grievance may be withdrawn without prejudice, and, if so withdrawn, all financial liabilities shall be cancelled. If the grievance is reinstated, the financial liability shall date only from the date of reinstatement. If the grievance is not reinstated within one month from the date of withdrawal, the grievance shall not be reinstated. When one or more grievances involve a similar issue, those grievances may be withdrawn without prejudice pending the disposition of the appeal of a representative case. In such event, the withdrawal without prejudice will not affect financial liability. Section 4. The grievant shall have no claim for back wages in excess of the amount of wages the grievant would otherwise have earned at her regular rate. Section 5. No grievance may be considered unless it is filed at Step 1 within twenty working days of the time limit is extended by mutual Agreement by written memorandumoccurrence of the event giving rise to the grievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all If there occur grievances, complaints. disputes or complaints differences arising under between the Employer and during the terms of this Agreement shall be settled in accordance with the procedure herein providedan em- ployee. Every an xxxxxxx effort shall be made to adjust controversies settle such differences fairly and disagreements promptly in an amicable manner between the Employer following manner: In order that grievances shall not be harboured and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievancehandled without delay, dispute or complaint promptly through the following steps. STEP 1. Any employee having a it is agreed that no grievance shall first take up be considered where the matter with alleged circumstances arose more than fifteen working days prior to its registration in Step One below. An employee and his/her immediate Xxxxxxx may request his/her non-union supervisor to handle a specific problem where the actual details are clearly identified. The employee and Union representativethe Xxxxxxx will make every effort to adjust the situation with the non-union supervisor before it is in writing. A grievance If the problem is not submitted within five (5) working days of its occurrence or when adjusted by the employee could reasonably have obtained knowledge of its occurrence non-union supervi- sor, it shall be considered automatically closed. STEP 2. In placed in writing on a standard grievance form with the event full details of the supervisor in STEP 1 does not give a decision within five (5) working daysgrievance clearly identified including, or the matter is not satisfactorily settled in STEP 1if applicable, the employee clause or Xxxxxxx shall reduce clauses of the grievance Collective Agreement alleged to writing and present a copy to the immediate supervisorhave been violated. Said grievance shall It may be signed by the grievant employee involved and must be presented within five (5) working days in all cases by a Xxxxxxx. The non-union supervisor shall give his/her answer in writing to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shallXxxxxxx as soon as possible, within but not more than five (5) working days after receipt of the written grievance, give his decision grievance has been presented in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event If the grievance is not settled at STEP 3Step One, the grieving party written grievance may appealbe referred to the Chief Librarian by the employee(s) concerned together with the Chief Xxxxxxx. Such a grievance must be referred within five working days after a written answer has been given in Step One. The Chief Librarian shall render his/her decision as soon as possible. but not more than five working days after receiving the written grievance. If the grievance is not settled at Step Two, the matter shall be referred to the Director of Personnel Services by the Union within twenty (20) five working days of the said judge's date when the Chief Xxxxxxx received his/her answer or failure to answer, to arbitrationin writing from the Chief Librarian. A grievance meeting will be arranged by the Director of Personnel Services with the Union griev- ance committee within five working days after his/her receipt of the grievance. The Employer and National Representative of the Union shall mutually select have the Arbitratorright to attend such meeting. The arbitration procedures under Director of Personnel Services shall reply in writing within five working days if the matter is not resolved at this contract, including meeting. In the selection case of an Arbitratoremployee who feels that he/she has been unjustly discharged, in or where the event grievance is one involving general policy, or where the parties are not able to mutually agree grievance is submitted on an Arbitratorbehalf of a group of employees, shall be conducted under the voluntary rules and regulations Step One of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall grievance procedure may be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer omitted and the Uniongrievance may commence at Step Two. The Arbitrator shall have no authority to require It is agreed that the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall referred to in Steps One, Two and Three may be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement consent. Furthermore, it is understood that any of the specific Un- ion or Employer officials referred to in this article may be replaced by written memoranduma designated representative. Each employee, along with a Union Xxxxxxx, shall have the right to review his/her own personal file and re- view record.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should Section 2: If any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreementgrievance arises, there shall be an xxxxxxx effort on no stoppage or suspension of work because of such grievance. Section 3: If the part timeline straddles the summer period the parties will mutually agree to the summer timeline to be used for the grievance procedure after taking into account the planned vacations of the parties to settle such grievance, dispute various individuals. Section 4: STEP ONE. Any grievance or complaint promptly through shall be discussed with the following steps. STEP 1supervisor for settlement. Any employee having a or group of employees who have any grievance shall first take up may be accompanied by their xxxxxxx, if so desired, and must submit it to the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) regularly scheduled working days after receipt the occurrence of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event upon which the grievance is not settled or disposed based. The supervisor shall investigate and advise the grievant of at STEP the disposition of the complaint within two (2, and ) regularly scheduled working days after it has been properly appealed made to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the him/her. Any grievance and, if the parties at filed without this step caninitial informal conference or not settle the grievance or otherwise dispose of it, the said judge, filed within five (5) working days of the meeting, occurrence shall give his answer to the grievance in writing. STEP 4be considered by all parties as null and void. In the event the grievance complaint is not satisfactorily settled at STEP 3in this manner, the grieving party may appealfollowing procedure shall apply: Section 5: STEP TWO. To be processed hereunder, a grievance must be reduced to writing, state the facts upon which it is based, when they occurred, specify the section of the contract which has allegedly been violated, must be signed by the employee who is filing the grievance and must be presented to the supervisor within twenty five (205) regularly scheduled working days after the occurrence of the said judge's answer or failure to answer, to arbitrationevent upon which it is based. The Employer and supervisor shall give a written answer to the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations aggrieved employee within two (2) regularly scheduled working days after receipt of the American Arbitration Associationwritten grievance. The Arbitrator If the answer is mutually satisfactory, the employee or Union xxxxxxx shall proceed as promptly as possible to hear the controversy between the parties. The decision so indicate it in writing, giving one (1) copy of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a settled grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumsupervisor.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It 7.01 A grievance is mutually agreed any difference that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner arises between the Employer and parties related to the Union. B. Should any grievanceinterpretation, disputes application or complaints arise over the interpretation or application of the contents administration of this Agreement, there or where an allegation is made that this Agreement has been violated. In processing grievances, the following procedures will be adhered to: a) Grievance forms shall be supplied by the Union. The grievance must contain reference to the article and specific section of the agreement, which is alleged to have been violated, provide a brief explanation of the nature of the grievance and the redress sought. b) An employee may have the assistance of her shop xxxxxxx from the employee group as set out in article 5.01 . If her classification shop xxxxxxx is not available an alternate shop xxxxxxx effort on may be selected by the part employee, at any stage of the grievance procedure if she so desires. c) An employee who is required to attend meetings at Step 1 and Step 2 of the grievance procedure shall be given time off with no loss of regular pay to attend such meetings. d) The time limits set out in Articles 7, 8 and 9 are mandatory. Failure to comply with such time limits, by the party initiating the grievance, unless the parties mutually agree in writing otherwise, shall result in the grievance being abandoned. Days as referred to in Articles 7, 8 and 9 are exclusive of Saturdays, Sundays and designated paid holidays. It is the mutual desire of the parties to settle such grievancehereto that complaints of employees be adjusted as quickly as possible, dispute or complaint promptly through the following steps. STEP 1. Any and it is understood that an employee having a has no grievance shall until she has first take up the matter with his/given her immediate supervisor and Union representativethe opportunity of adjusting her complaint. A grievance not submitted Such complaint shall be discussed with her immediate supervisor within eighteen (18) days after the circumstances giving rise to it have occurred. In cases where the employee has been absent from the work place at the time the circumstances have occurred, the 18 day period shall commence on the date of her return. Failing settlement within five (5) working days of its occurrence or when days, it may then be taken up as a grievance by the employee could reasonably have obtained knowledge as outlined in Step 1 within ten (1 0) days following the expiry of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working daysday period. f) The aggrieved employee shall present her grievance in writing to her supervisor, or or, in the matter is not satisfactorily settled in STEP 1latter's absence, her designated representative. The supervisor and/or her designated representative shall meet with the employee or grievor and her Union grievance Xxxxxxx shall reduce within ten (10) days of receipt of the grievance to writing discuss the matter and present a copy she shall render an answer to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented grievance, in writing, within five ten (510) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or duemeeting. STEP 3. In the event g) If the grievance is not settled in Step 1 or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided no answer in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet writing is received within twenty (20ten ( 1 0) working days of the day grievance meeting in Step 1, the aggrieved employee may present the grievance at Step 2 within ten (1 0) days of appeal, unless otherwise mutually extended by Agreement receipt of the supervisor's reply or where no answer is received within ten (1 0) days of the date of submission of the grievance at Step 1. The aggrieved employee shall present her grievance in writing to the Manager, Human Resources, or, in his absence, the Manager, Human Resources' designated representative. The Manager, Human Resources and/or a designated representative shall meet with the grievor and her grievance Xxxxxxx within ten ( 1 0) days of receipt of the grievance to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, matter and shall render a response in writing within five ten (51 0) working days of the such meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during (a) The Union shall form from among themselves a Grievance Committee of not more than two (2) members. (b) Should any difference concerning the alleged violation of the terms of and conditions outlined in this Collective Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner arise between the Employer and the Union, such difference shall be settled as outlined below. All time periods and procedures outlined in this Article are mandatory and exclude Saturdays, Sundays and Holidays observed by the Employer. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee Step 1 An Employee having a grievance shall first take up will present the matter with grievance in writing to his/her immediate supervisor and Union representative. A grievance not submitted Team Manager or designate within five (5) working days of its occurrence the incident giving rise to the Grievance. The Team Manager or when the employee could reasonably have obtained knowledge of its occurrence Designate shall be considered automatically closedrender his/her decision in writing in five (5) days. STEP 2. In Step 2 Failing settlement at Step 1, a Union Xxxxxxx shall present the event grievance in writing on a grievance form, clearly outlining the supervisor in STEP 1 does not give a decision Article(s) and section(s) of the Collective Agreement allegedly violated and the remedy sought and present it to the Manager, Station Operations or designate within five (5) working daysdays of the Team Manager's decision in Step 1, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shallfailing any such decision, within five (5) working days after receipt of the written grievancedate when the decision ought to have been given, give his unless a mutual agreement to extend the time limits is made. The Manager, Station Operations or designate shall render his/her decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in writing with five (5) working days after the presentation of the grievance by the said supervisor. Unresolved grievances Union Xxxxxxx, Failing settlement at Step 2, the Business Representative and the Grievance Committee and where appropriate the grievor(s) shall proceed present the grievance in writing to STEP 3, provided they have been appealed the next level of management or designate within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement decision in writing to discuss the Step 2. A grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, meeting will occur within five (5) working days to discuss the merit of the meetinggrievance, unless a mutual agreement to extend the time limits is made. The Director, Customer Management Services or designate shall give his answer render his/her decision in writing to be Business Representative and copied to the grievance in writing. STEP 4. In the event Union Xxxxxxx within five (5) days after the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationmeeting. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances8:01 A grievance shall be defined as any difference arising out of the interpretation, disputes application, administration or complaints arising under and during the terms alleged violation of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the UnionCollective Agreement. B. Should any grievance, disputes or complaints arise over 8:02 An employee (accompanied by a Union Xxxxxxx if so requested by the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having employee) who believes that he/she has a justifiable grievance shall first take up the matter with so inform his/her immediate supervisor and immediately. The Supervisor shall deliver his/her answer to the employee within three (3) working days on which this was brought to the Supervisor’s attention. Grievances not adjusted at Step 1 may be referred to Step 2. 8:03 Referral to Step 2 must be given by the Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give following a decision within five (5) working days, or the matter is not satisfactorily settled in STEP Step 1, the employee or Xxxxxxx . Such referral shall reduce the consist of a written grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant employee and must a xxxxxxx and shall be presented within five (5) working days submitted to the immediate supervisor from the Employer's disposal Coordinator of Personnel. The Coordinator of Personnel or designate shall review the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his and render a decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed writing within five (5) working days from the date the answer was received or due. STEP 3. In the event on which the grievance is not settled or disposed of at STEP so presented to Step 2. 8:04 Step 3 8:05 An employee, and it who has been properly appealed suspended, terminated, or notified of his termination may submit a grievance directly to STEP 3 as provided Step 3, in STEP 2 above, accordance with the presiding judge provision of the Court involved and a representative of the Local Union and MAPE shall meet Clause 8:04. 8:06 Grievances must be presented in writing within twenty fi ve (205) working days from the date of incident giving rise to the day of appeal, unless otherwise mutually extended grievance. 8:07 a Any grievance instituted by Agreement management may be referred in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, Union Grievance Committee within five (5) working days of the meeting, shall give his answer occurrence of the circumstances giving rise to the grievance. The parties shall meet within two (2) working days thereafter with management to consider the grievance in writing. STEP 4or such time as is mutually agreeable to both parties. In the event If final settlement of the grievance is not settled at STEP 3, the grieving party may appeal, completed within twenty five (205) working days of such meeting, the said judge's answer or failure to answergrievance may be referred, by either party, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contracta Board of Arbitration at any time within ten (10) calendar days thereafter, including the selection of an Arbitrator, in the event the parties are but not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationlater. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It For the purpose of this Agreement, a grievance is mutually agreed that all grievancesdefined as a dispute an employee or group of employees may have with the Employer in respect to the interpretation, disputes application or complaints arising under and during violation of the expressed terms of this Agreement shall be settled in accordance with and any letters of agreement or supplementary agreements by the procedure herein providedEmployer. Every Should an employee or group of employees have a grievance, a sincere and xxxxxxx effort shall be made to adjust controversies and disagreements the same, promptly, in an amicable manner between the Employer and following manner: STEP ONE: A grievance will be first presented, orally, by the Union. B. Should any aggrieved employee(s) to the immediate Supervisor within five regular working days the event has occurred which gives rise to the stated grievance, disputes or complaints arise over five days the interpretation time the facts became known to the employee or application could have become known to the employee or the Union up to a maximum of work days. The Supervisor will ensure that the services of the contents of this Agreementapplicable xxxxxxx are offered to the employee first. If the employee accepts such services the Supervisor will, there as soon as practicable and without undue delay, send for the appropriate Xxxxxxx. Every effort will be made to give prompt consideration to the grievance by the parties. The immediate Supervisor shall be give an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted oral reply within five (5) two working days of its occurrence after the grievance has been presented; provided, however, that Holidays, Sundays and days not worked shall not be included in the stated time limitation in this Step One or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. any other Step in this Procedure. STEP 2. TWO: In the event the supervisor immediate Supervisor fails to decide and reply to the grievance within the stated time in STEP 1 does not give a decision within five (5) working daysStep One, or should the matter is not satisfactorily settled in STEP 1decision be unsatisfactory to the aggrieved employee, the employee or Xxxxxxx grievance, if it is to be processed further, shall reduce within twenty-four hours after the grievance time limit set in Step One, be reduced to writing on a triplicate form mutually agreed upon. It shall set forth the facts and present a copy the section(s) of the Agreement alleged to the immediate supervisor. Said grievance shall have been violated and be signed by the grievant and must aggrieved employee. Two completed copies shall be presented within five (5) working days given to the immediate supervisor from Supervisor. The latter shall within two working days the Employer's disposal then written grievance is presented, give an answer in writing on one of the copies to the employee’s Xxxxxxx. A duplicate copy shall be forwarded to the Plant Chairperson and or designate. STEP THREE: If the grievance or failure is not settled in Step Two above, it may be referred to dispose of same at STEP 1. Said supervisor shall, the Bargaining Committee Chairperson and designated area Bargaining Committee Member who may then appeal the grievance to Representatives designated by the Employer within five (5) two working days after receipt of the written grievance, give his decision reply given in writingStep Two. The Union Xxxxxxx who filed the grievance may automatically take it be present by mutual agreement. After hearing the grievance, the management representative shall give an answer, in writing, to the next step Bargaining Committee Chairperson within two working days after receipt of the grievance procedure if no decision is given in this Step Three. STEP FOUR: Within five (5) working days after the completion of the grievance at Step Three, it may be appealed to Step Four. The grievance shall be heard by the said supervisorPlant Manager and/or another designated representative and the Bargaining Committee. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a A representative of the Local Union and MAPE National Union, as well as the Vice President of Human Resources, may be present at this meeting. Unless mutually waived, Step Four meetings are to be held within thirty calendar days after the Employer receives the submission of the grievance to Step Four from the union. The Employer shall meet give its answer, in writing, to the grievance at this Step Four within twenty (20) five working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days presentation of the meeting, shall give his answer to the grievance in writinggrievance. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Union Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner (a) Whenever any dispute arises between the Employer and the Union. B. Should any grievance, disputes or complaints arise over between the interpretation Employer and one (1) or application of more employees, the contents of this Agreement, there employees shall continue to work and the dispute shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through adjusted in accordance with the following steps. STEP 1procedures. Any Time limit to institute this Grievance Procedure shall be ten (10) working days excluding the days the employee having a is on Annual Vacation, to initiate the grievance procedure. The Employer will have ten (10) working days to respond from the time the grievance is filed (written form). If the Employer does not respond within those ten (10) working days, then the grievance shall first take up be deemed resolved as per the matter written grievance. Time limits for the Employer to notify an employee of its intention to deal with his/her immediate supervisor infraction shall also be ten (10) working days, from the date the Employer first becomes aware of the infraction. However, the Employer shall endeavour to complete any investigation within thirty (30) working days of it becoming aware of the infraction If the Employer is unable to complete the investigation within the thirty (30) day period, the Union shall be so advised and the thirty (30) day time period will be extended, the length of the extension shall be determined by mutual agreement of both parties. If any suspension notice is given to an employee, the Employer must carry out the suspension within 2 weeks subsequent to the notice. In any dispute over a pay cheque or pay statement, or any matter thereon, the time limit shall be calculated from the date the employee received the pay cheque or pay statement. When there has been a grievance resolved by both parties and the money is to be paid, it must be paid within a two (2) pay time period. Step 1: Any grievance of an employee shall first be taken up between such employee and the employee's supervisor, however, the employee will be entitled to be represented by a Shop Xxxxxxx. Step 2: Failing settlement under Step 1, such grievance shall be taken up between a representative of the Union representativeor a Shop Xxxxxxx and the employee's supervisor. Step 3: Failing settlement under Step 2, either party may refer the matter to an agreed upon neutral arbitrator who will meet with the authorized representatives of the Union and the Employer to hear both sides of the case. A grievance not submitted Minister of Labour (b) If the parties fail to agree upon a neutral arbitrator within five (5) working days (excluding Saturdays, Sundays and General Holidays) after the party has served written notice on the other party of its occurrence or when intention to refer the employee could reasonably have obtained knowledge matter to a neutral arbitrator, the Minister of its occurrence Labour will be requested to appoint a neutral arbitrator. (c) The arbitrator shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a required to hand down his decision within five fourteen (514) working daysdays (excluding Saturdays, Sundays and General Holidays) or such longer period of time as mutually agreed by the matter is not satisfactorily settled in STEP 1, parties following completion of the employee or Xxxxxxx shall reduce hearing and his decision will be final and binding on the grievance to writing and present a copy two (2) parties to the immediate supervisor. Said grievance dispute and shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the partiesapplied forthwith. The decision of the Arbitrator arbitrator shall be binding specifically limited to the matter submitted to him and final on both parties. The Arbitrator's decision on he shall have no authority in any matter properly submitted as a grievance for dispute must be based upon an interpretation of the manner to amend, alter or change any provisions of this Agreement except where otherwise specifically provided herein. (d) If the Arbitration Board finds (or if at any supplemental agreements entered into between earlier stage of the Grievance Procedure it is found) that an employee has been unjustly suspended or discharged, or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the Unionsuspension or discharge, or layoff had not taken place. The Arbitrator However, if it is shown to the Board that the employee has been in receipt of wages from other jobs during the period between discharge or suspension or layoff, and reinstatement, the amount so received shall be deducted from wages payable by the Employer pursuant to this clause less any expenses which the employee has incurred in order to earn the wages so deducted. Also, the Arbitration board, if circumstances are established before it, which in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have no the authority to order the Employer to pay less than the full amount of wages lost. (e) If the award of the Arbitration Board is subsequently set aside by a Court of competent jurisdiction, the question shall, at the request of either party, be submitted to another Arbitration Board appointed pursuant to and with all powers provided by this Clause, unless otherwise ordered by the Court. (f) Any discharged or suspended employee may, within seventy-two (72) hours of his discharge or suspension, in writing, require the Employer to purchase buildings give him the reasons for his discharge or new equipmentsuspension, and the Employer will give him such reasons for his discharge or suspension, in writing, within seventy-two (72) hours of such request. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration seventy-two (72) hours shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.three

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. 12.01 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: 12.02 It is mutually expressly agreed that days, when referred to in this article, shall not include Saturdays, Sundays or holidays as defined in this Agreement. 12.03 All grievances shall be instituted within the following time limits: a) termination or layoff grievances: within ten (10) days of the event giving rise to the grievance; b) all other grievances, disputes or complaints arising under and within fifteen (15) days of the event giving rise to the grievance. Failure to take up the grievance during the terms of this Agreement time limits provided above shall result in the grievance being null and void and the Union agrees that such a grievance or complaint shall be settled in accordance with in-arbitrable and the parties agree that Section 48(16) of the Ontario Labour Relations Act does not apply and any arbitrator shall have no authority relieve against the application of these time limits. 12.04 The grievance procedure herein provided. Every effort steps shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps.as follows: STEP 1. : Any grievance of an employee having a grievance shall first take be taken up the matter with his/between such employee and their immediate Supervisor or Company designate. However, such employee will be entitled to be accompanied by a Shop Xxxxxxx of his or her immediate supervisor and choice or a Union representativeRepresentative. A grievance not submitted The Company may respond in this meeting or in writing within five ten (510) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedthis meeting. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP : Failing settlement under Step 1, the employee or Xxxxxxx grieving party shall reduce the his/her grievance to writing stating the Article(s) alleged to have been violated and present a copy to the immediate supervisorevents on which the grievance is based. Said Such grievance shall be signed by the grievant and must be presented within five (5) working days of the Company's response at Step 1 of above the expiry of the ten (10) day response period, whichever is earlier. Except by mutual agreement between the Union and the Company providing for an extension of time, a meeting shall take place between the Union and the Company with respect to the immediate supervisor from grievance within ten (10) days of the Employer's disposal presentation of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within Step 2 and the Company shall have five (5) working days after receipt of that meeting to provide the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueresponse. STEP 3. In : Failing settlement under the event above Steps and no later than fifteen (15) calendar days after the grievance is not settled or disposed of Company's response at STEP Step 2, and it the matter will be referred to Arbitration. Once the matter has been properly appealed referred to STEP 3 as provided in STEP 2 abovearbitration, the presiding judge parties shall attempt to agree to a Sole Arbitrator to hear and determine the dispute. Failing to agree upon a neutral person, either party may seek the appointment of an Arbitrator by the Court involved and a representative Minister of Labour. 12.05 The parties agree that the Local time limits contained herein are mandatory. Absent an agreement to extend time limits between the Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of itCompany, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, failure by the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as advance a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed required time limits as established herein shall result in the grievance being deemed abandoned and said grievance shall not be processed any further and the parties agree that Section 48(16) of the Ontario Labour Relations Act does not apply and any arbitrator shall have no authority relieve against the application of these time limits. 12.06 Grievances under this article may be initiated by any employee, a group of employees, the Union or by the Company. 12.07 Where an employee is suspended by the Company pending investigation, the suspension shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumwithout pay.

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Provincial Collective Agreement

AutoNDA by SimpleDocs

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having this Agreement that a grievance of an employee shall first take up the matter with his/her immediate supervisor and Union representativebe resolved as promptly as possible. A No grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2which usurps the function of management. In For the event purposes of this Article, the supervisor in STEP 1 does not give a decision within five (5) "working days" shall not include Saturdays, Sundays or Paid Holidays. Any grievance not processed within the matter is not satisfactorily settled said time limits will be deemed to have been abandoned. The time limits contained herein are deemed to be mandatory. Time limits may only be extended by mutual agreement and such extension must be in STEP 1writing. The grievance form must specify the nature of the grievance, the employee or Xxxxxxx shall reduce remedy sought and the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal specific provisions of the Collective Agreement alleged to have been violated. It is understood that an employee has no grievance or failure until has first discussed the issue with immediateSupervisor and given the Supervisor an opportunity to dispose resolve the issue. If no settlement can be reached, then a grievance arising under the Agreement relatingto the interpretation, applicationor alleged violation of same at STEP 1. Said supervisor shall, the Agreement must then be submitted in writing within five (5) working days after receipt of the written grievancecircumstances, give his decision in writinggiving rise to the grievance occurred or originated. The Union may automatically take grievance must be processed and dealt with in accordance with the terms and provisions set forth in this The employee may, if wishes, be accompanied by Xxxxxxx at any stage of this grievance procedure. It is understood that it is the employee's responsibilityto arrange for the Xxxxxxx to the next step of the grievance procedure if no decision is given in be present. Within five (5) working days by followingthe decision under Step the said supervisoremployee must submit the written grievance to the Director. Unresolved grievances shall proceed to STEP 3, provided they have been appealed The Director will meet with the and review the grievance. A decision in writing will be rendered within five (5) working days from the date on which the answer grievance meeting was received convened. Failing settlement, then; Within five (5) working days following the decision under Step the employee must submit the written grievance to the Executive Director or due. STEP 3designate. The Executive Director or designate will meet with the and review the grievance. A representative of the Union may attend this meeting if requestedto do so by either party. A decision in writing will be rendered within five (5) working days from the date on which the grievance meeting was convened. In the event the grievance decision of the Executive Director is not settled or disposed satisfactory to 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 at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovethe decision under this Step, the presiding judge grievance 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 Court involved permission of Supervisor. It is agreed that a grievance arising directly between the Employer and the Union (a representative policy grievance) or a grievance claiming the unjust discharge of the Local Union and MAPE shall meet within twenty (20) working days of the day of appealan employee who has completed probationaryperiod, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judgemust be originated under Step above, within five (5) working days of after the meeting, shall give his answer circumstances giving rise to the grievance in writing. STEP 4occurred or originated and the time limit set out with respect to Step shall apply. In However, it is understood that a policy grievance may not be used with respect to a complaint or a grievance directly affecting an employee and that the event regular grievance procedure shall not be by-passed. Probationary employees may not access the grievance is not settled at STEP 3, procedure if discharged during the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitrationprobation period. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted All agreements reached under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy grievance procedure between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between representativesof the Employer and the representativesof the Union. The Arbitrator , shall have no authority to require be final and binding upon the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify Employer, the terms and conditions of this Agreement. The Arbitrator's fees Union, and the expense Employees. Notwithstanding the foregoing, the parties may agree to waive or extend any of arbitration shall be shared equally by the Employer and the Uniontime limits established in this grievance procedure. However, each party any such agreement shall bear their own expenses be in connection writing and acknowledged by the parties. An employee subject to suspension or discharge shall have the right, if so 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 arbitration. C. Any grievance not appealed from a decision in one agreement of the steps above other party, may submit a grievance to Grievance Mediationat any time after the next Employer's decision has been renderedat the step within prior to Arbitration. Where the prescribed time limits matter is so referred, the mediation process shall be considered dropped and not subject take place before the matter is referred to further appeal unless the time limit is extended by mutual Agreement by written memorandumArbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is The Company and the Union mutually agreed agree that all grievances, disputes or complaints arising when a grievance arises coming under and during the terms of this Agreement it shall be settled taken up in accordance the manner set out below without stoppage of work. The individual employee, with a Job Xxxxxxx, shall take the matter up with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements xxxxxxx in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application charge of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed work within five (5) working days from the date time the answer was received or due. STEP 3complaint arose. In The xxxxxxx must respond to the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement complaint in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of days. If a satisfactory settlement is not then reached it shall be reduced to writing by both parties, when the meeting, same employee Union Committee member and/or Union Official shall give his answer take up the grievance with the Production Manager as designated by the Company. The Production Manager shall respond to the grievance in writing. STEP 4writing within five (5)working days. In the event If the grievance is not settled at STEP 3, then satisfactorily solved it shall be referred to an authorized representative of the grieving party may appeal, Union and the General Manager of the Company. The General Manager shall respond to the grievance in writing within twenty five (205) working days days. If a satisfactory settlement is not then reached it shall be dealt with by arbitration as hereinafter provided. If a grievancehas not advanced to the next stage under Steps or within the fifteen (15) calendar-day period after the completion of the said judge's answer or failure preceding stage then the grievance shall be deemed to answer, be abandoned and all rights of recourse to arbitrationthe grievance procedure shall be at an end. The Employer and Where the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are is not able to mutually agree on an Arbitrator, observe this time limit by reason of the absence of the aggrieved employee or the Committee the said time limit shall not apply. The Union and the Company shall be conducted under bound to proceed in such case as quickly as may be reasonably possible. In the voluntary rules and regulations case of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy a dispute between the parties. The decision of parties hereto regarding the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions or application of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. Howeverwhich is not an employee grievance, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one either of the steps above parties may refer the matter to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumarbitration as hereinafter provided.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising 9.1 A grievance under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner defined as a difference or dispute between the Employer Company and any Employee and/or the UnionUnion which relates to the interpretation, application, administration or alleged violation of this Agreement and discipline or discharge of non-probationary Employees without reasonable cause, including any question as to whether a matter is arbitrable. B. Should any grievance, disputes or complaints arise over the interpretation or application 9.2 All time limits referred to in Article 9 may be extended by mutual agreement of the contents of parties. 9.3 A complaint that a probationary Employee has been disciplined or discharged shall not constitute a difference between the Company and any Employee and/or the Union under this Agreement. 9.4 Provided an employee has received no discipline from the Company during any twenty-four (24) consecutive month period, there shall all discipline on an employee’s record will be an xxxxxxx effort removed. Notwithstanding the foregoing, all records of counselling, reprimands, warnings and suspensions pertaining to workplace violence or harassment will remain on the part employee’s file indefinitely. 9.5 A grievance must be in writing, shall specify the article or articles allegedly violated at the time, shall contain a description of the parties to settle such grievancealleged violation, dispute or complaint promptly through shall indicate the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor relief sought, and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant grievor. 9.6 An Employee called into the Company’s office for disciplinary matters may, upon request, be accompanied by a Union Xxxxxxx. Copies of disciplinary notices will be given to the Employee involved, the Union, and the Union Xxxxxxx. 9.7 Any disciplinary action taken by the Company must be presented within five (5) working days issued to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, Employee within five (5) working days of the meetingalleged infraction. 9.8 It is the mutual desire of the Company and any Employee and the Union that complaints of Employees shall be adjusted as quickly as possible. It is understood that an Employee has no grievance until he has first given his Supervisor the opportunity of adjusting his complaint. 9.9 If any Employee has a complaint, he shall discuss it with his Supervisor within five (5) calendar days after the circumstances giving rise to the complaint have occurred or ought to reasonably have come to the attention of the Employee or Union. The Supervisor shall give his answer response to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, complaint within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.five

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms The purpose of this Agreement shall be settled section is to establish orderly procedures for the prompt processing of grievances or disputes which may arise between the Company and the Union or between the an employee or employees in accordance connection with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievanceapplication, disputes or complaints arise over the interpretation or application alleged violation of the contents any provision of this Agreement. It is agreed that in all cases where a complaint or grievance involves an error in earnings, there settlement shall not be an xxxxxxx effort on retroactive beyond the part date of occurrence of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2error being grieved. In the first instance an employee and his Xxxxxxx shall take up any grievance direct with this Supervisor within ten days of the event upon which the supervisor grievance is based. The Supervisor shall meet with the employee and his Xxxxxxx and provide a response within three days of being notified of the issue. In the absence of a Supervisor, a Company representative shall review the grievance with the employee and his Xxxxxxx. Any settlement at this step shall not be precedent setting in STEP 1 does any manner and shall not give a decision within five (5) working days, or the matter is be used in evidence with regard to supporting future grievances. If not satisfactorily settled in STEP 1then settled, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by put in written form stating the grievant specific action complained of, Article(s) of the Agreement of which applications, interpretation or violation is alleged and must be presented the relief requested. Such written grievance shall within five (5) working days after the decision of the Supervisor in Step 1 be submitted to the immediate supervisor from Manager of Employee Relations to be discussed. The Manager of Employee Relations and Director, Operations or their representative(s), will meet with the Employer's disposal of Union Grievance Committee within days after the date on which the grievance or failure to dispose of same was received at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writingthis step. The Union International may automatically take it to be present at the next step request of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the partieseither party. The decision of the Arbitrator Representative of the Company or the Grievance Committee in the case of a Company grievance shall be binding and final on both partiesgiven in writing within five days after the meeting at which it was discussed. The Arbitrator's decision on any matter properly submitted as a If not then settled, the grievance for dispute must will within thirty days be based upon an interpretation of the provisions of this Agreement referred to arbitration in accordance with or any supplemental agreements entered into between the Employer and dropped by the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It .01 A grievance is mutually agreed that all grievances, disputes or complaints arising under and during defined as an alleged violation of the specific terms of this Agreement shall Agreement. It is agreed that only one grievance concerning an alleged violation will be settled recognized. (a) No temporary employee or part-time employee can grieve a termination or lay off which results from a predetermined termination or lay off date, except if the Union claims the termination was made in bad faith. (b) As stated in Article 2.01(b), if any temporary employee or part- time employee whose seniority exceeds 1040 hours claims he/she has been discharged or disciplined without cause, a grievance may be filed and dealt with in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Unionthis Grievance Procedure. B. Should any grievance, disputes or complaints arise over .02 A group grievance may be initiated should more than one member be grieving the interpretation or application same alleged violation. All members affected may sign the grievance but only one griever may be present at each step of the contents of this Agreement, there shall grievance process. Any agreement under the Grievance Procedure would be an xxxxxxx effort on applied to all affected members who signed the part grievance. .03 It is the mutual desire of the parties hereto that problems experienced by members shall be addressed as quickly as possible, and it is understood that a member has no grievance until he/she has given the Supervisor the first opportunity to settle such grievanceaddress the problem. Following this, dispute or complaint promptly through should a member wish to discuss the following steps. STEP 1. Any employee having a grievance shall first take up the matter problem with his/her immediate supervisor Xxxxxxx, he/she will request the Supervisor to arrange a meeting between the member and Union representativehis/her Xxxxxxx. A Such meeting will take place within 4 working days. If a written grievance not submitted is filed with the Supervisor, it must be filed within five (5) seven working days of its occurrence or when after the employee could reasonably circumstances giving rise to the grievance have obtained knowledge of its occurrence occurred and shall be considered automatically closedproceed in the following manner and sequence. STEP 2. In .04 Where no answer is given within the event time limits specified in the supervisor in STEP 1 does not give a decision within five (5) working daysGrievance Procedure the member concerned, the Union, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx Employer shall reduce be entitled to submit the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueGrievance procedure. STEP 3. In .05 All agreements reached under the event Grievance Procedure between the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge representatives of the Court involved Employer and a representative the representatives of the Local Union will be final and binding upon the Employer and Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingmember(s). STEP 4. In .06 A grievance as defined herein arising directly between the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitratorbe originated under Step. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationNo. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that Subject to the provisions of Article XXVII, the Grievance Procedure established by this Article shall be used for the purpose of orderly negotiations between the parties concerning all grievancesclaims, disputes disputes, or complaints arising under and other matters subject to collective bargaining between the parties during the terms term of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievanceAgreement, disputes whether or complaints arise over not such claims, disputes, or other matters involve the interpretation or application of this Agreement. It is the contents intent of the parties that such grievances be resolved as quickly as possible and in the area where the claim, dispute, or other matter is brought to the attention of the Company. It is further intended that an effort be made to resolve the claim, dispute, or other matter before institution of the formal Grievance Procedure. Employees may take up grievances informally with their Supervisors either directly or through the Union Xxxxxxx. If the grievance is taken up directly or through the Xxxxxxx and a satisfactory agreement is not reached, a formal grievance may be processed in accordance with the formal Grievance Procedure set forth below. If the grievance is taken up directly by the employee with the Supervisor, no adjustment will be made inconsistent with the terms of this Agreement, there and the Supervisor shall make no adjustment without advising the Union Xxxxxxx. When agreement has not been reached through discussion of the grievance with the Supervisor, the Xxxxxxx may then, and within thirty days following the occurrence or having become aware of the situation, condition or action giving rise to the grievance, present the grievance to the Supervisor in writing, setting forth the exact nature of the grievance and the relief requested. Negotiating grievances at Step One will be the responsibility of the Supervisor for the Company and the Xxxxxxx for the Union. In general, the Supervisor will give a reply in writing within forty- eight hours, but if more time is required the Supervisor will advise the Xxxxxxx, and a written decision will be given to the Xxxxxxx within seven calendar days. (Example: If the Xxxxxxx xxxxxxx in writing on Monday, the Supervisor is obligated to give a written answer no later than the following Monday). When agreement on the grievance is not reached at Step One, the Committeeperson for the area may appeal the Supervisor's decision by registration of the grievance for discussion at Step Two. Any grievance not date stamped for registration at Step Two within the first fourteen calendar days following the date of the written Step One fact sheet will be considered withdrawn without prejudice. Negotiating grievances at Step Two for the Company will be the responsibility of the designated Relations Representative or Sub-Section Manager for the area. Upon request, each Committeeperson may have a weekly Step Two Meeting with the appropriate Relations Representative or, upon request of the Committeeperson, with the Sub-Section Manager. The Committeeperson may, if he/she desires, have additional Committeepersons or Stewards present, not to exceed a combined total of three, and similarly the Relations Representative or Sub-Section Manager may, if he/she desires, have additional Management Representatives present, not to exceed a combined total of three. Upon request of the Committeeperson, the appropriate Supervisor shall be an xxxxxxx effort one of the Management Representatives. Such Step Two meetings will be arranged by Relations Representatives based on the mutual availability of the parties. Grievances will be discussed at Step Two in the order of their registration. Exceptions to the order of discussion of grievances will be made at the request of the Union or the Company. Either party may refer a grievance back to Step One of the Grievance Procedure not more than one time, and either party may take a grievance back at Step Two one time. Any grievance which is referred back to Step One or taken back at Step Two must be discussed again in a grievance meeting at the appropriate step of the Grievance Procedure within thirty calendar days. If agreement is not reached at Step Two, the Chairperson of the Bargaining Committee may appeal the Step Two decision by registration of the grievance for discussion at Step Three. Any grievance not registered at Step Three within the first fourteen calendar days following the date of the last Step Two fact sheet will be considered withdrawn without prejudice. Negotiating grievances at Step Three will be the responsibility of the Union Relations Negotiator for the Company and the Chairperson of the Bargaining Committee for the Union. Discussing grievances at Step Three will be the responsibility of the Negotiator for the Company and the Chairperson of the Bargaining Committee with the designated Committeeperson for the Union. Other Committeepersons may attend all or part of the parties Step 3 meeting at their discretion. The Chairperson may request a recess at any time for the purpose of obtaining inputs from Committeepersons other than the designated Committeeperson regarding the specific grievance being discussed. The designated Committeeperson will be determined by the Chairperson on a grievance by grievance basis. Grievances will be discussed at Step Three in order of their registration except as provided below. The Company will provide the Chairperson of the Bargaining Committee with a sequential Step Three grievance registration list, as necessary. The Chairperson of the Bargaining Committee may elect to settle withdraw grievances registered at Step Three without prejudice. The Chairperson of the Bargaining Committee will identify the grievances to be discussed at Step Three in the form of an agenda submitted at least ten calendar days in advance of such grievanceStep Three meeting. Two such agendas may be submitted each week. The date of the Step Three meeting at which the grievances on a particular agenda will be discussed will be fixed by mutual agreement of the Union Relations Negotiator and the Chairperson of the Bargaining Committee at the time the agenda is submitted to the Company. In general, dispute agendas will consist of ten grievances, however, a greater or complaint promptly through lesser number of grievances may be included on the following steps. STEP 1agenda at the mutual consent of the parties. Any employee having grievance(s) not discussed for lack of time in a particular Step Three meeting will be discussed, in order, at the next Step Three meeting before the grievances on the agenda for that meeting are taken up. Exceptions to the order of discussion at Step Three will be made at the request of the Chairperson of the Bargaining Committee for grievances involving disciplinary time off and discharge. Either party may refer a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give back to a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next lower step of the grievance procedure if no decision for further consideration not more than one time, and either party may take a grievance back at Step Three one time. Any grievance which is given referred back to a lower step of the grievance procedure or taken back at Step Three must be discussed again in five (5) working days by a grievance meeting at the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed appropriate step of the procedure within five (5) working days from the date the answer was received or due. STEP 3thirty calendar days. In the event of a request for arbitration of a grievance under Article XXIII, the Chairperson of the Bargaining Committee may request an arbitrability conference with designated Company representatives. The matter of arbitrability, stipulation of issue to be arbitrated and whether or not such grievance could be "expedited" would be reviewed with the Chairperson, International Representative and one other designated union representative. The written request for such a meeting must be made within ten calendar days following the meeting when the Company's final decision was made with respect to such grievance. A grievance filed on behalf of a candidate for preferential placement under Article XXVIII which arises solely due to the failure of Company management at a designated location to select such candidate, where such designated location employs no employees represented by the Union, may be filed at the Headquarters level. A grievance filed on behalf of a candidate for preferential placement under Article XXVIII which arises solely due to the failure of Company management at a designated location to select such candidate, where the candidate's original location has closed, may also be filed at the Headquarters level, provided the grievance is not settled or disposed of at STEP 2, and it has been properly appealed arises following the original location's plant closing date. The Company shall give its final decision to STEP 3 as provided the Union in STEP 2 above, writing within a reasonable time after discussions with the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of an opportunity to investigate the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writingfacts. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any 11:01 An employee having a grievance shall grievance, or one designated member of a group having a grievance, will first take up the grievance within fifteen (15) working days after the occurrence of the matter which is the subject of the grievance with his/her immediate supervisor, who will attempt to adjust it. In the event the supervisor is not able to adjust the grievance, he/she will arrange to send for the Union Xxxxxxx without undue delay and without further discussion of the grievance. Where there is no Union representativeXxxxxxx available in the employing department, either a full-time Union Xxxxxxx or the Union Local President will be allowed to attend the grievance meeting. 11:02 Time limits set forth in the Grievance or Arbitration procedures may be extended by mutual agreement in writing between the parties hereto. Saturdays, Sundays and paid holidays will not be counted in determining the time within which any action is to be taken or completed under the Grievance or Arbitration procedures. 11:03 In the absence of a mutual agreement in writing to extend the time limits between the parties, and where no answer is given within the time limit specified, the grieving party shall be entitled to submit the grievance to the next step of the grievance procedure. 11:04 The Union Xxxxxxx and the employee will attempt to adjust the grievance with the supervisor before it is given to the supervisor in writing. 11:05 If the grievance is not adjusted by the supervisor, it shall be reduced in writing on an employee grievance form provided by the University and signed by both the Union Xxxxxxx and the employee involved. The supervisor shall give his/her answer in writing to the Xxxxxxx without undue delay, but not more than three (3) working days after the grievance has been presented in writing. 11:06 If the grievance is not settled at Step One, the written grievance may be referred to the proper Designated Authority at the location where the grievor is employed, by the Local Union President within five (5) working days after receiving the answer in writing. A meeting shall be arranged by the Designated Authority within three (3) working days of receiving the grievance. Either party may request the presence of the grievor and the Union Xxxxxxx at the meeting. The Designated Authority shall give his/her answer in writing to the Local Union President without undue delay but not later than five (5) working days after the said meeting. 11:07 If the grievance is not submitted settled at Step Two, a written grievance may be referred to the Director of Human Resources or designate by the Local Union President within five (5) working days of its occurrence receiving an answer in writing from the Designated Authority. Either party may request the presence of the grievor, Union Xxxxxxx, Local Union President and the CUPE National Representative, supervisor or when Designated Authority to attend the employee could reasonably have obtained knowledge meeting to present evidence or give assistance in the settlement of its occurrence the grievance. A meeting shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed arranged by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal Director of the grievance Human Resources or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of designate with the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, President within five (5) working days of the meeting, shall give his answer to receipt of the grievance in writing. STEP 4order to resolve the dispute. In the event The Director of Human Resources or designate shall give his/her reply in writing within five (5) working days if the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationmeeting. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any 8:01 An employee having a grievance shall or one (1) designated member of a group having a grievance will first take up the grievance within fifteen (15) working days after the occurrence of the matter which is the subject of the grievance with his/her immediate supervisor who will attempt to adjust it. 8:02 An employee may request his/her supervisor to call the Union Xxxxxxx to handle a specified grievance. The word “specified” as used in this paragraph is interpreted by the parties hereto to mean an employee is required to “state the nature of the grievance”. The supervisor will arrange to send for the Union Xxxxxxx without undue delay and without further discussion of the grievance. 8:03 The Union representativeXxxxxxx, with or without the employee present, will attempt to adjust the grievance with the supervisor before it is given to the supervisor in writing. 8:04 If the grievance is not adjusted by the supervisor, it shall be reduced to writing on an employee grievance form provided by the University and signed by the employee involved, and submitted to the Manager with a copy to the Labour Relations Department. The supervisor shall give his/her answer in writing to the Union Xxxxxxx without undue delay, but not more than five (5) working days after the grievance has been presented in writing. 8:05 If the grievance is not settled at Step One, the written grievance may be referred to the Designated Authority* of the campus by the Union Xxxxxxx within five (5) working days after receiving the answer in writing. A grievance not submitted meeting shall be arranged by the Designated Authority within five (5) working days of its occurrence or when receiving the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedgrievance. *Designated Authority (See Schedule II). STEP 2. In 8:06 If the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter grievance is not satisfactorily settled in STEP 1at Step Two, the employee or Xxxxxxx shall reduce the a written grievance to writing and present a copy may be referred to the immediate supervisor. Said grievance shall be signed Director of Labour Relations by the grievant and must be presented Business Representative of the Union within five (5) working days to the immediate supervisor of receiving an answer in writing from the Employer's disposal Designated Authority. A meeting shall be arranged by the Director of Labour Relations or Labour Relations Officer with the Business Representative of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, Union within five (5) working days after of receipt of the written grievance, give his decision grievance in writingorder to resolve the dispute. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event If the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovethis meeting, the presiding judge Director of Labour Relations or Labour Relations Officer shall notify the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It the mutual desire of the parties hereto that complaints of employees be adjusted as as possible. It is mutually agreed generally understood that all grievancesan employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. An employee who has a grievance involving the interpretation, disputes administration or complaints arising under and during the terms alleged violation of this Collective Agreement may invoke in order the following steps of the grievance procedure, if he does so within limits provided for: Step No. May be invoked only within five (5)working days after the circumstances giving to the grievance had occurred, or ought reasonably to have come to the attention of the employee. The employee shall be settled in accordance present his complaint to his immediate supervisor. The immediate supervisor shall normally respond to the employee within three (3) working days following the complaint. If the employee is dissatisfied with the procedure herein providedresponse, he may proceed to step Step No. Every effort shall be made to adjust controversies and disagreements Except as otherwise provided in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall No. may be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, invoked only within five (5) working days after receipt the Supervisor’s response at Step No. The employee shall with the assistance of the written grievance, give his decision xxxxxxx formalize the grievance in writing. The Union may automatically take it writing to the next step Administrator or his designate. A meeting will be held between the Administrator (orhis designate) and the employee concerned arid the a staff representative of the grievance procedure if no decision is given in five (5) working days by may be present at the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed request of either the Employer or the employee within five (5) working days from the date the answer was received thereafter. The Administrator (or due. STEP 3. In the event the grievance is not settled his designate) may have an advisor or disposed of advisors with him at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the partiesif he wishes. The decision of the Arbitrator Administrator (or his designate) shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation delivered in writing to the Union within ten working days of the provisions date the grievance was submitted to him. Step Should the Administrator fail to render his decision as required in Step No. or failing settlement of this Agreement or any supplemental agreements entered into between grievance under the foregoing procedure, the grievance may be referred to arbitration by either the Employer and or the Union. The Arbitrator shall have If no authority to require written request for arbitration is received within Ten working days after the Employer to purchase buildings or new equipmentdecision under No. The Arbitrator shall have no power to add to or subtract from or modify is given, the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration grievance shall be shared equally by deemed to have been abandoned and shall not be the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationsubject of a further grievance. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during 14.01 For the terms purpose of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievanceagreement, disputes a grievance is defined as a dispute, claim or complaints arise over complaint involving the interpretation or application of the contents provisions of this Agreement, there agreement. i. No grievance shall be an xxxxxxx effort on considered where the part circumstances giving rise to it occurred or originated more than five (5) full working days before the filing of the parties grievance. ii. An employee shall have the right to settle be accompanied by a representative of the Union at any and all times during the grievance procedure. iii. No grievance shall be considered unless the employee first presents the matter verbally to their immediate supervisor in an attempt to resolve the issue of dispute. iv. Where a grievance arises as a result of a discharge, the Union may present such grievance, dispute or complaint promptly through grievance on behalf of the following stepsemployee directly to Step 3 of the grievance procedure. v. The time limits defined herein may be extended upon written mutual agreement between the Parties. vi. Grievances arising under this agreement shall be adjusted and settled as follows: STEP 1. Any : The aggrieved employee having a grievance then shall first take up the matter with submit his/her grievance in writing to their immediate supervisor and may have the assistance of a representative of the Union. The written grievance shall specify the matter complained of, the parts of the agreement alleged to be violated and, in the event of a satisfactory settlement not being reached, the supervisor shall deal with the grievance and give their answer in writing to the Union representative. A grievance not submitted within five (5) working days of its occurrence or when after the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedday upon which they received the grievance. STEP 2. In : If the event decision of the supervisor is not satisfactory to the Union, the matter may be referred in STEP 1 does not give a decision writing to the next level of management within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor The manager shall, within five (5) working days after receipt following the day upon which they received the grievance, meet with the Union in an effort to satisfactory resolve the issues in dispute and give their written response to the grievance. STEP 3: If the decision of the written grievance, give his decision in writing. The Union may automatically take it manager is not satisfactory to the next step of Union, the grievance procedure if no decision is given in five (5) working days by matter may be referred to the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed Director or designate within five (5) working days from the date the answer was received or due. STEP 3days. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judgeThat manager shall, within five (5) working days of following the meetingday upon which they received the grievance, shall meet with the Union is an effort to satisfactorily resolve the issues in dispute and give his answer their written response to the grievance in writinggrievance. STEP 4: If the decision of the Director or designate is not satisfactory to the Union and the grievance is a policy grievance or a grievance related to a termination of employment, the matter may be referred to the President within five (5) working days. In That manager shall, within five (5) working days following the event day upon which they received the grievance, meet with the Union is an effort to satisfactorily resolve the issues in dispute and give their written response to the grievance. STEP 5: If final settlement of the grievance is not settled at STEP 3, the grieving party may appeal, reached within twenty ten (2010) working days of such meeting, the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall grievance may be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step referred within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.subsequent ten

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually 4.01 The parties to this Agreement are agreed that all grievances, disputes it is of the utmost importance to adjust complaints and grievances as quickly as possible. 4.02 An employee who has a grievance shall discuss the matter with his xxxxxxx and may be accompanied by his Xxxxxxx or complaints Union Representat ive. 4.03 Grievances properly arising under and during the terms of this Agreement shall be adjusted and settled in accordance with as follows: Within ten (10) days after the procedure herein provided. Every effort circumstances giving rise to the grievance occurred or originated, but not thereafter, the grievance shall be made to adjust controversies and disagreements in an amicable manner between presented t o the Employer in writing by the aggrieved employee and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there parties shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted meet within five (5) working days of its occurrence or when in an endeavour to settle the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2grievance. In the event the supervisor in STEP 1 does If a satisfactory settlement is not give a decision reached within five (5) working daysdays from this meeting, and if the grievance i s one which concerns the interpretation or alleged violation of the matter is not satisfactorily settled in STEP 1Agreement, the employee or Xxxxxxx shall reduce the grievance may be submitted to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 arbitration as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet Article V below at any time within twenty ten (2010) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step canthereafter but not settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writinglater. STEP 4. In 4.04 Grievances dealing with alleged vi olation of hours of work, rates of pay, overtime, travelling expenses, may be brought forward within three (3) months of such alleged violation, provided that this shall not apply to grievances arising out of classification assignment or where the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, grievor' s inclusion in the event bargaining unit is in dispute. Grievances dealing with alleged violation of vacation with pay, welfare, pension, training, dues and delinquency provisions may be brought forward within 45 days after the parties are not able circumstances giving rise to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible such grievances became known or ought reasonably become known to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority It is further understood that such grievances may be retroactive to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one first day of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumalleged violation.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. (a) The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. (b) No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance. It is mutually agreed understood that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a has no grievance shall first take up until the matter with has been referred to his/her immediate supervisor and Union representativean opportunity given to adjust the complaint. (c) In the computation of time in Articles 8, 9 and 10, Saturdays, Sundays and staff holidays shall not be counted. (d) The time limits contained in the Grievance Procedure may be extended by mutual agreement between the parties. A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: 1: The aggrieved employee shall present his/her grievance in writing to his/her immediate supervisor outside the bargaining unit who shall then arrange a meeting to discuss the grievance within a period of five (5) days after the presentation of the grievance to him/her. The employee shall have the assistance of his/her xxxxxxx at this meeting if the employee so desires. The immediate supervisor shall give his/her answer in writing within a period of five (5) days of the said meeting. If the answer is not submitted satisfactory to the employee or if no answer is given then the next step in the grievance procedure may be taken at any time within five (5) working days after receipt of its occurrence the said answer. In a job posting grievance the immediate supervisor for the purpose of Step 1 will be the chairperson of the selection committee. The aggrieved employee may submit his/her grievance to the Superintendent of Employee Services or when his/her nominee, who shall then arrange a meeting to discuss the employee could reasonably have obtained knowledge grievance within a period of its occurrence five (5) days. The griever and grievance committee, the appropriate supervisor, the Superintendent of Employee Services, or nominee, and the Employee Services Manager may attend this meeting. The decision from said meeting shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision rendered within five (5) working days, or . Should the matter is decision not satisfactorily settled in STEP 1, be satisfactory to the employee or Xxxxxxx shall reduce then the next step in the Grievance Procedure may be taken at any time within five (5) days of the receipt of the decision. The aggrieved employee may submit his/her grievance to in writing and present a copy to the immediate supervisorChief Executive Officer of the Board. Said The grievance notice shall contain the complete grievance, listing all clauses alleged to have been violated by specific number and shall not be signed by the grievant and expanded upon after submission. The settlement requested must be presented detailed in the grievance. The Chief Executive Officer of the Board or his/her nominee and two (2) elected trustees shall meet within five (5) working days to discuss and to endeavour to settle the immediate supervisor from grievance. The Employee Services Manager may also be present. The Grievance Committee shall be present and at the Employer's disposal request of either party to this Agreement a Regional Representative of the grievance or failure to dispose of same at STEP 1Union shall also be present. Said supervisor shall, The Chief Executive Officer shall render the decision in writing within five (5) working days after following the said meeting. If the answer of the committee of the Board of Education is not satisfactory and if the grievance is one which concerns the interpretation, application, administration or alleged violation of the Agreement, the grievance may or may not be referred by the Union to a Board of Arbitration as provided in Article 9 at any time within ten (10) days of receipt of the written grievancedecision, give his decision in writing. The Union may automatically take it but not later. 8.02 When an employee covered by this Agreement is called to the next step office to be interviewed concerning any matter which might reasonably be anticipated to result in the discipline or discharge of the grievance procedure employee, he/she may be accompanied by a member of the Union Executive if no decision is given in five (5) working days he/she so desires. 8.03 Notwithstanding Articles 8.01 and 9.01 should the grievor and/or the Union fail to abide by the said supervisor. Unresolved grievances shall proceed time lines specified in Articles 8 and/or 9 the Parties will deem the matter to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or duebe abandoned. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed the mutual desire of the parties hereto that all grievances, disputes or complaints arising under and during the terms of this Agreement employees shall be settled in accordance with the procedure herein provided. Every effort adjusted as quickly as possible, and it is generally understood that an employee has no grievance until he has first given to his supervisor an opportunity to adjust his complaint, and that such complaint shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application registered within ten days of the contents alleged circumstances coming to the knowledge of this Agreementthe employee. If an employee has an unsettled complaint, there it may be taken up as a grievance within five full working days in the following manner and sequence : Step No. Between the aggrieved employee who may be accompanied by the Union Xxxxxxx, who shall be an xxxxxxx effort on the part employee of the parties to settle such grievanceCompany, dispute or complaint promptly through and the following steps. STEP 1. Any employee having Local Manager, at which time a written record of the grievance shall first take up be submitted and signed by the matter with his/her immediate 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 arranged (if mutually agreed, the meeting can be waived) between the aggrieved employee, an accredited representative of the Union, and Union representativethe Local Manager or another representative of the Company. A grievance not submitted The Company shall reply in writing within five (5) full working days following this grievance meeting. If the 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 Company after the Company’s reply at Step No. If no written request for arbitration is received within fourteen days after the decision in No. is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of its occurrence the steps of the grievance procedure or when under Article Any and all time limits fixed by this Article and Article 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 be final and binding upon the Company, the Union and the employee could reasonably or employees concerned. An employee who has been disciplined by the Company will have obtained knowledge such disciplinary action removed from his records after a period of its occurrence two (2) years provided 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 policy grievance is defined as a difference concerning the interpretation, application, and administration of this Agreement. A policy grievance or a discharge grievance shall be considered automatically closed. STEP 2initiated in writing at Step No. In of the event the supervisor in STEP 1 does not give a decision grievance procedure within five (5) full working daysdays of notice of the act causing the grievance. When either party submits a grievance to arbitration, or as provided in Article written notice shall be given to the matter is other party formally, stating the subject of the grievance and the Agreement clause allegedly violated, and at the same time nominate an arbitrator. If the recipient of the notice does not satisfactorily settled in STEP 1agree with the nomination, the employee parties will meet forthwith and attempt to select an alternative. If the parties fail to agree on the 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 convene a meeting to hear the evidence and representations of both parties, and shall render a decision as soon as possible. No person shall be selected as an arbitrator who has been directly involved in attempts to negotiate or Xxxxxxx shall reduce settle the grievance to writing and present a copy to the immediate supervisorgrievance. Said No grievance shall be signed considered by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and arbitrator unless it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge carried through all previous steps of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appealgrievance procedure, unless except where otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitrationnoted. The Employer and the Union arbitrator shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able have jurisdiction to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on alter or change any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement Agreement, or to substitute any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority new provisions in lieu thereof, or to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify give any decision inconsistent with the terms and conditions provisions of this Agreement, or to deal with any matter not covered by this Agreement. The Arbitrator's fees and expenses of the expense of arbitration arbitrator shall be shared equally paid one-half by the Employer Company and one-half by the Union. However, each party shall bear their own expenses in connection It is understood that the Company may bring forward at any meeting held with the arbitration. C. Any Union, any complaint or grievance not appealed from a decision in one with respect to the conduct of the steps above officers, committeemen, employees generally, or any matter concerning this agreement, and if such complaint or grievance is not settled to the next step within mutual satisfaction of the prescribed time limits shall conferring parties, it may be considered dropped and not subject referred to further appeal unless the time limit is extended by mutual Agreement by written memorandum.arbitration as provided in Article

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances8.01 Where a difference arises between the parties relating to the interpretation, disputes application or complaints arising under and during the terms administration of this Agreement agreement, including any question as to whether a matter is arbitrable, where an allegation is made that this agreement has been violated or whenever an employee claims that he/she has been disciplined or discharged without reasonable cause, such difference, allegation or claim being hereinafter referred to as the "grievance", the grievance procedure set forth below shall apply. 8.02 No grievance shall be settled considered where the circumstances giving rise to it occurred or originated more than seven (7) working days before the filing of the grievance. 8.03 The employee, in accordance with all steps, shall be confined to the grievance and redress sought as set forth in the written grievance as filed in Step 2. 8.04 The time limits fixed in the grievance procedure herein provided. Every effort shall may only be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part extended by mutual consent of the parties to settle such grievance, dispute or complaint promptly through the following stepsthis agreement. STEP 1. Any Step 1 The employee having with or without a grievance shall first Xxxxxxx, will take up the matter complaint orally with histhe Maintenance or Service Supervisor involved. If the Maintenance or Service Supervisor is on duty to whom the complaint is directed, then he/her immediate supervisor and Union representative. A grievance not submitted she shall render a decision within five three (53) working days of its occurrence days, otherwise the Maintenance or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not Service Supervisor will give a decision within five (5) working days. The above is excluding weekends and designated holidays. Step 2 Failing satisfactory settlement of the complaint, a written grievance may be filed by the Union representative to the Director of Transit Services or his/her designate within seven (7) working days of the Foreperson, Maintenance Supervisor, or the matter is not satisfactorily settled in STEP 1Service Supervisor's decision, the employee written grievance shall state the section or Xxxxxxx sections of this agreement, allegedly violated, and signed by the grieving employee. The Director of Transit Services or his/her designate shall reduce meet to discuss the grievance with the employee and a member of the Grievance Committee and respond in writing to writing and present the employee with a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shallUnion representative involved, within five (5) working days after following receipt of the written grievance, give his decision in writing. The Union may automatically take it grievance at step 2. Step 3 If the reply at Step 2 is not acceptable to the next step Union, the chairperson or in his/her absence the alternate Chairperson of the grievance procedure if no decision is given in five (5) working days by committee shall submit the said supervisor. Unresolved grievances shall proceed grievance to STEP 3, provided they have been appealed the CAO/Town Manager or designate within five (5) working days from after the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge written decision of the Court involved and a representative of the Local Union and MAPE Director. The CAO/Town Manager or designate shall meet with the Union Grievance Committee within twenty seven (207) working days of receipt of the day of appeal, unless otherwise mutually extended by Agreement in writing grievance. A written reply to discuss the grievance andwill be given to the Unit Chairperson, if with a copy to the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, employee within five (5) working days of the meeting, shall give his answer to the grievance in writing. A C.A.W. national representative may be present at this meeting. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes If an employee has a grievance or complaints arising under and during the terms of this Agreement shall be settled in accordance dispute with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievanceCompany, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part of the parties agree to settle such grievance, dispute or complaint promptly through the following steps. procedure: STEP 1. Any The aggrieved employee having a grievance shall first take up shell bring the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, his immediate supervisor within five (5) working days of the meetingoccurrence 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 give render his answer decision in writing within two (2) working days following such discussion. STEP Should the supervisor's response be unsatisfactory to the 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. STEP 4writing within five (5) days after such meeting. In the event that the grievance is not settled at STEP 3to the five employee's satisfaction, the grieving party may appealmatter should be referred in writing within working days, to the Company s Labour representative and the business representative to be discussed with the parties involved. The parties shall communicate within twenty a reasonable period of time to resolve the grievance. Should there be no agreement, the matter shall be referred to arbitration in writing within ten (2010) working days following the said communication. 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) working days t o either agree to one of the said judge's answer names submitted or failure submit its own Should there be no agreement in the choice of a person to answeract as the arbitrator, the Federal Minister of Labour will be requested to arbitrationappoint one. The Employer and jurisdiction of the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, arbitrator shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible restrained to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of spelled out in this Agreementcollective agreement. The Arbitratorarbitrator's fees and decision shall be binding upon all parties concerned. The cost of the expense of arbitration arbitrator shall be shared equally by the Employer and parties. Each party shall pay their own costs. No matter may be submitted to arbitration which has not been carried through all steps outlined in the Uniongrievance procedure. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall may be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumagreement.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes 4.01 Should any dispute arise between the Employer and an employee or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should Union as to the interpretation, application, administration or alleged violation of any grievance, disputes or complaints arise over the interpretation or application of the contents provisions of this Agreement, there shall be an xxxxxxx effort on the part of the parties will be made to settle such grievance, dispute or complaint promptly through differences without undue delay in the following steps. STEP 1manner. Any employee having a grievance The employees involved shall first take up the matter with his/her immediate supervisor within and Union representative. A grievance not submitted within after five (5) working days of its occurrence the date, upon which the incident giving rise to the grievances first occurred, present the grievances to his supervisor either orally or when in writing. If the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does grievance is not give a decision settled within five (5) working days, or working-days of the date that matter is not satisfactorily settled in STEP 1was taken up with the supervisor, the employee or Xxxxxxx shall reduce the grievance to writing Union may within and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within not after five (5) working days to of that date, take the immediate supervisor from matter up with the Employer's disposal Supervisor or his nominee. All grievances submitted at Step 2 shall be in writing, shall be signed by the employee and the Union Xxxxxxx; and shall indicate the nature of the grievance, the article alleged to be violated, and the adjustment sought. The Supervisor or his nominee will, upon request, meet with the Union within five (5) working-days of the date the written grievance is filed with him at which time the Business Agent of the Union may be present at the request of either party. The Supervisor or failure to dispose his nominee will give his answer or decision in writing within ten (10) working days of same at STEP 1the date the written grievance was filed with him. Said supervisor shallIf the grievance is not settled within ten (10) working-days of the date that matter was taken up with the Supervisor, the Union may within and not after five (5) working days after receipt of that date, take the matter up with the District Manager or his nominee. All grievances submitted at Step 3 shall be in writing, shall be signed by the employee and the Union Xxxxxxx; and shall indicate the nature of the written grievance, give his decision in writingthe article alleged to be violated, and the adjustment sought. The District Manager or his nominee will, upon request, meet with the Union may automatically take it to the next step of the grievance procedure if no decision is given in within five (5) working-days of the date the written grievance is filed with him at which time the Business Agent of the Union may be present at the request of either party. The Manager or his nominee will give his answer or decision in writing within ten (10) working days of the date the written grievance was filed with him. If the grievance is not settled at Step 3, the Union may within ten (10) working days of the date of the answer or decision of the District Manager or his nominee at Step 3 refer the grievance to arbitration under Article 5. Such notice shall state the specific matter to be dealt with at arbitration and the specific relief sought by the said supervisor. Unresolved grievances shall proceed party. 4.02 Where a difference arises between the Union and the employer relating to STEP 3Termination or to the interpretation, provided they have been appealed application or administration of this Agreement and such differences or allegation cannot be made the subject of an employee grievance, the Union may file a grievance in writing as a policy grievance with the Unit Director within five and not after ten (510) working days from the date of the answer incident giving rise to the grievance and Article 4.01, Step 2, shall then apply as though the Union policy grievance was received or duea grievance of an employee. STEP 34.03 The Employer may similarly file a policy grievance against the Union. In Any such grievance may be filed with the event President or the grievance is not settled Secretary or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge a business Agent of the Court involved Union within and a representative of the Local Union and MAPE shall meet within twenty not after ten (2010) working days from the date of the day of appeal, unless otherwise mutually extended by Agreement incident giving rise to the grievance and the Union will give its answer to such grievance in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meetingdate the written grievance was filed with it. If the Employer is not satisfied with such answer, shall give his answer to the grievance in writingmay then be referred to arbitration by the Employer under Article 5. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days 4.04 Any of the said judge's answer or failure to answer, to arbitration. The Employer time limits provided for in this Article and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall Article 5 may be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into extended by mutual agreement between the Employer and the Union. The Arbitrator shall have no authority to require If any such agreement is not made in writing, the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify burden of proving the terms and conditions existence of this Agreement. The Arbitrator's fees and the expense of arbitration alleged agreement shall be shared equally by on the Employer party asserting it. If a grievance is not presented within applicable time limit, or is not processed through the steps of the Grievance Procedure within the time limits provided, it shall be deemed to be withdrawn and the Union. However, each party shall bear their own expenses in connection with the arbitrationthereafter be barred. C. Any 4.05 Grievances pertaining to alleged violation of hours of work, rates of pay, overtime, Vacation Pay, benefits and other monetary items, may be submitted within sixty (60) days of such alleged grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumincident.

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It Section 1. A grievance, under this Agreement, is mutually agreed that all grievancesa written dispute, disputes claim or complaints complaint arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in filed by an amicable manner between the Employer and authorized representative of the Union. B. Should any grievance, disputes or complaints arise over the Section 2. Grievances are limited to matters of interpretation or application of the contents express provisions of this Agreementagreement. The parties recognizing that an orderly grievance procedure is necessary, there agree that each step must be adhered to as set forth herein or the grievance is forfeited. Section 3. The grievance procedure shall not apply to the retirement plan or any of the insurance plans or the payments of insurance when error or omission is that of the insurance company and not of the City of Grand Ledge. Section 4. All grievances must be signed and dated by the aggrieved employee and his representative and must name the Sections allegedly violated. All grievances must be filed within seven (7) work days after the occurrence of the circumstances giving rise to the grievance, or seven (7) workdays from the time the employee should have reasonably known he had grounds for a grievance; otherwise, the right to file a grievance is forfeited and no grievance shall be an xxxxxxx effort on the part deemed to exist. The definition of the parties to settle such grievancework days for purposes of this Article shall be Monday through Friday, dispute or complaint promptly through the following stepsexcluding Saturdays, Sundays and Holidays. STEP 1Section 5. Any employee having a grievance shall process it as follows: STEP 1 The grievance shall first take up be submitted in writing to the matter with his/her employee's immediate supervisor. The supervisor and Union representative. A grievance not submitted will provide an answer within five seven (57) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closedwork days. STEP 2. In 2 The representative shall, within seven (7) work days after the event answer of the supervisor in STEP 1 does not give a decision within five (5) working daysimmediate supervisor, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce advance the grievance to writing and present a copy to the immediate supervisorChief. Said grievance shall be signed by the grievant and must be presented The Chief shall, within five seven (57) working days to the immediate supervisor from the Employer's disposal work days, record his disposition in detail on all copies of the grievance or failure to dispose of same at STEP 1. Said supervisor shallform, within five returning two (52) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it copies to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueUnion representative. STEP 3. In 3 Failing to resolve the event issue in the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 abovesecond step, the presiding judge Union representative shall state the reasons in writing why the answer of the Court involved Employer was not satisfactory and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judgethen, within five seven (57) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.work

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement Each employee shall be settled in accordance with entitled to a representative of his/her own choice at each step of the procedure herein providedgrievance procedure. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, Any disputes or complaints arise over arising concerning the interpretation or application of the contents terms of this Agreementcontract, or the rights claimed to exist there under, may be the subject of a grievance and shall be an xxxxxxx effort on processed and resolved in accordance with the part of the parties to settle such grievance, dispute or complaint promptly through the following steps.following: STEP 1. Any employee having a A. A grievance shall first take up be presented by the matter with employee to his/her immediate supervisor and Union representative. A grievance not submitted principal, in writing, within five ten (510) working days of its occurrence after the alleged grievance arises, or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 where this does not give a decision within five (5) working daysapply, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisoradministrator immediately superior. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within Within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of administrator or immediate supervisor shall confer with the grievance procedure aggrieved and his/her representative, if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or dueemployee so desires. STEP 3. B. In the event the such grievance is not settled or disposed of at STEP 2resolved, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judgewriting, within five (5) working days following such presentation, it shall be presented, in writing, within five (5) working days after receipt of reply, to the Assistant Superintendent for Business, by the employee. C. Within five (5) working days after receipt of the meetingwritten grievance, the Assistant Superintendent for Business shall give his answer to confer in person with the grievance in writing. STEP 4aggrieved and his/her representative, if he/she so chooses. In the event the such grievance is not settled satisfactorily resolved, in writing, at STEP 3, the grieving party may appeal, Assistant Superintendent’s level within twenty ten (2010) working days after presentation, the grievance shall be presented in writing within ten (10) working days after receipt of reply to the Superintendent of Schools for settlement. Within five (5) working days after receipt of the said judge's answer or failure to answerwritten grievance, to arbitration. The Employer the Superintendent of Schools shall confer in person with the aggrieved and his/her representative, if he/she so chooses. D. In the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitratorevent such grievance is not satisfactorily resolved, in writing, at the event Superintendent’s level within ten (10) working days after presentation, the parties are not able to mutually agree on an Arbitrator, grievance shall be conducted under the voluntary rules and regulations presented, in writing, within ten (10) working days after receipt of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible reply to hear the controversy between the partiesBoard of Education for settlement. The decision of the Arbitrator Board of Education shall be binding final and final on both partiesbinding. E. A reasonable amount of time will be granted to handle any emergency grievances that may arise during working hours. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration It is understood that such activity shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationhandled as quickly as possible. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Machinists Labor Agreement

GRIEVANCE PROCEDURE. A. The parties to this Agreement are agreed that it is of the utmost importance to resolve complaints and grievances as quickly as possible. It is mutually understood and agreed that all grievances, disputes or complaints an employee does not have a formal grievance until the employee has discussed the matter with the employee’s and given the supervisor an opportunity of dealing with the complaint. Grievances properly arising under and during the terms of this Agreement shall be resolved and settled in accordance with as follows: No. 1 Within five working days after the procedure herein provided. Every effort cir- cumstances giving rise to the grievance occurred or originated, the aggrieved employee or the employee’s xxxxxxx may present the employee’s grievance which shall be made reduced to adjust controversies writing to the supervisor and disagreements signed by the employee. Should no written settlement satisfactory to the employee be reached within two full working days the next step in an amicable manner between the Employer grievance procedure may be taken at any time within two full working days thereafter. No. 2 The grievance may be referred to the Operations Manager or the Manager’s designate at this step by the and the Union. B. Plant Grievance Committee composed of the President of the Local, the Chief Xxxxxxx, and the Xxxxxxx of the area in which the grievance originated. Should no written sat- isfactory settlement be reached within two full working days following the meeting the next step in the griev- ance procedure may be taken at any grievance, disputes time within two full working days thereafter. No. 3 The grievance may be referred to the Company President or complaints arise over the Company Presidents des- ignate at this step by the and the Plant Grievance Committee. At this meeting the International Representative of the Union may attend. If a satisfactory settlement is not reached within ten calendar days from the referral and if the grievance is one which concerns the interpretation or application alleged xxxxx- tion of the contents agreement, the grievance may be submitted to arbitration as provided in Article VII below at any time within twenty-one calendar days thereafter, but not later. Group Grievances To avoid the necessity of this Agreementprocessing numerous grievances concerning the same subject or event, there shall be an xxxxxxx effort the Company will Group Grievances, provided that each aggrieved employee’s name is listed on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of filed in writing at STEP 2, and it has been properly appealed Step No. 2 to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet Operations Manager within twenty (20) five working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer incident giving rise to the grievance grievance. The time limits set out in writing. STEP 4Step No. In 2 above shall apply. If the event the group grievance is not settled at STEP 3Step No. 2 of the grievance procedure, the grieving party may appeal, within twenty (20) working days remainder of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contractgrievance procedure, including the selection of arbitration may be fol- lowed. If an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of Board or the Arbitrator finds that the Company has violated the Agreement, it shall be binding and final on both partieshave the power to award compensation to employees affected by the violation. The Arbitrator's decision on any matter properly submitted as Policy Grievances If either party has a grievance for dispute must be based upon an interpretation of the provisions com- plaint or alleges that there has been a misinterpreta- tion, violation or non-application of this Agreement or any supplemental agreements entered into of the provisions hereof, then either party may within fifteen calendar days of the incident giving rise to the grievance give to the other, notice in writing of such complaint at Step No. 2 of the Grievance Procedure. Within three working days of receipt of such notice a meeting will be held between the Employer Operations Manager and the UnionUnion Grievance Committee. The Arbitrator shall have no authority to require party against whom the Employer to purchase buildings or new equipmentcomplaint has been made will give an answer in writing within three working days after the meeting has been held. The Arbitrator shall have no power to add to or subtract from or modify If the terms and conditions Policy Grievance is not settled at Step No. the remainder of this Agreementthe Grievance Procedure, including arbitration may be followed. The Arbitrator's fees and the expense of arbitration No such grievance shall be shared equally filed with respect to the same subject matter that is already the subject of a grievance filed by an employ- ee under this Article, nor shall any grievance be filed by an employee with respect to the same subject mat- ter that is already the subject of a grievance filed by the Employer and the UnionUnion under this Article. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one It is understood that any of the steps above to the next step within the prescribed time limits shall pro- vided for in Article including the original filing, may be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumagreement of the parties in writing.

Appears in 1 contract

Samples: Collective Labour Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all 20.01 In order to provide an orderly and speedy procedure for the settling of grievances, disputes the Employer acknowledges the rights and duties of the Grievance Committee, which will consist of the President, Secretary, Chief Xxxxxxx, or complaints arising under designates, and during a representative of the terms area(s) concerned. The Committee may assist any employee(s) which the Union represents in preparing and presenting a grievance. 20.02 For the purposes of this Agreement shall be settled in accordance with Article, the procedure herein provided. Every effort shall be made to adjust controversies term "working days" excludes Saturdays, Sundays and disagreements in an amicable manner paid holidays. 20.03 Should any dispute arise between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, Union there shall be an xxxxxxx effort no suspensions of work on the part of the parties Employer or employee on account of such dispute, but instead an xxxxxxx effort shall be made promptly to settle adjust such dispute by negotiation. 20.04 A dispute shall not be discussed with Union representatives when individual or group stoppages occur until the employees participating in the stoppage have returned to work. 20.05 When any employee is suspended or discharged, the employee's xxxxxxx will be notified the same day and a written statement of the reason for such suspension or discharge will be provided to the employee within two (2) working days. 20.06 A grievance may not be submitted more than fifteen (15) working days following circumstances giving rise to the grievance, dispute or complaint promptly through . 20.07 Any grievances shall be dealt with in detail in the following stepsmanner. STEP 1. Any employee having a Step 1 The aggrieved employee(s) shall discuss the grievance shall first take up the matter with his/her immediate their supervisor and may be accompanied, if requested by the employee, by their Union representative. A grievance not submitted Step 2 Failing satisfactory settlement within five (5) working days of its occurrence or when after the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP discussion was held under Step 1, the employee or Xxxxxxx grievance, which shall reduce the grievance to be in writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must grieving employee, shall be presented within five (5) working days submitted to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1manager. Said supervisor shallThe manager shall render a decision, in writing, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during 09.01 A complaint shall not be considered as a grievance unless the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made aggrieved employee has first given an opportunity for his Manager to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there complaint. Such complaint shall not be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within considered after five (5) working days of its occurrence the origin of the complaint or when from the date upon which the subject matter of the complaint may reasonably be deemed to have come to the attention of the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2so affected. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, Failing satisfactory resolve within five (5) working days after receipt the complaint is made, the matter may then be processed as a grievance. 09.02 A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of this Collective Agreement. The grievance shall be signed by the employee and shall set out the nature of the written grievance, give his decision in writingthe section or sections of the Collective Agreement allegedly violated, and the remedy sought. An xxxxxxx effort will be made on the part of both parties to settle the dispute promptly. The Union may automatically take it following shall be, unless otherwise specified, the prescribed manner for handling a grievance: Step 1 The aggrieved employee may, with the assistance of his union xxxxxxx if so desired, present a grievance in writing to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3Manager, provided they have been appealed Plant & Maintenance Services or his delegate within five (5) working days from following the date period allowed for response to the answer was received or due. STEP 3original complaint. In the event the grievance is not settled or disposed of at STEP 2, The Manager shall convene a meeting and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, render his decision orally within five (5) working days following the day on which the grievance was submitted. Failing settlement, the aggrieved employee may proceed with Step 2. Within five (5) working days following the decision under Step 1, the aggrieved employee may, with the assistance of his union xxxxxxx if so desired, present the grievance to the President and Chief Executive Officer or his delegate who shall render a decision within ten (10) working days following the day on which the grievance was resubmitted. 09.03 The parties shall meet to discuss the grievance at a time and place suitable to both parties. It is understood that both parties have the right to have the assistance of such counsel or representatives as they deem necessary at such meeting. 09.04 Where two or more employees have identical grievances and each employee would be entitled to grieve separately, shall give his answer they may present a group grievance in writing identifying each employee who is grieving within (10) days after the circumstances giving rise to the grievance in writinghave occurred or ought reasonably to have come to the attention of the employees so affected. This group grievance shall be originated at Step 1. STEP 409.05 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement, shall be originated under Step 2 as a policy grievance. In Failing settlement under Step 2 within fifteen (15) working days it may be submitted to arbitration in accordance with Article 10. However, it is expressly understood that the event provisions of this paragraph may not be used by the Union to initiate a complaint or grievance is directly affecting an employee which such employee could himself institute and the regular Grievance Procedure shall not settled at STEP 3, thereby be bypassed. Any grievance by the grieving party may appeal, Hospital or the Union as provided for in this clause shall be commenced within twenty ten (2010) working days of the said judge's answer or failure circumstances giving rise to answer, to arbitration. The Employer the complaint. 09.06 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the grievor and/or the representatives of the Union will be final and binding upon the hospital, the Union and the employee(s). No adjustments effected under the Grievance Procedure shall mutually select be made retroactive prior to the Arbitratordate the grievance was formally discussed or presented save and except bookkeeping errors involving pay. 09.07 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation or alleged violation of this Agreement, such grievance may be submitted to arbitration as set forth in Article 10 where it meets the following provisions: (a) No matter may be submitted to arbitration which has not been carried through all the requisite steps of the Grievance Procedure. (b) If no written request for arbitration is received within ten (10) days after the decision under Step No. 2 is given, it shall be deemed to have been settled and not eligible for arbitration. 09.08 The arbitration procedures under this contract, including the selection of an Arbitrator, time limits fixed in the event the parties are not able to mutually agree on an Arbitrator, Grievance and Arbitration Procedures shall be conducted observed in the following manner: (a) Saturdays, Sundays and paid holidays as set out in Article 20 will not be counted in computing the time within which any action is to be taken or completed under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between article. (b) The time limits may be extended by mutual consent where such extension is provided for in writing by the Employer and parties to this agreement. (c) Where no answer is given within the Union. The Arbitrator shall have no authority to require time limits specified in the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify Grievance Procedure, the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration grieving party shall be shared equally by entitled to submit the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step of the Grievance Procedure. (d) Any grievance not submitted, nor advanced by the grieving party within the prescribed mandatory time limits provided for in each step of the Grievance Procedure or by mutual extension as provided for above, shall be considered dropped deemed to have been abandoned and cannot subject be continued or reopened. (e) The parties agree that Section 48(16) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Schedule A, and as amended, shall not apply to further appeal unless the time limit is extended by mutual Agreement by written memorandumthis Collective Agreement.

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It 4.01 The immediate attention to complaints and grievances is mutually agreed that all grievances, disputes or complaints arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. B. Should any grievance, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall utmost importance. Properly constituted grievances may be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly processed through the following steps. procedures: STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five N0.1 Within ten (510) working days of its occurrence after the alleged grievance incident, the aggrieved may present the grievance to an immediate supervisor, either in writing or when orally. Should no settlement satisfactory to the employee could reasonably have obtained knowledge of its occurrence shall aggrieved be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision determined within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce next step of the grievance to writing and present a copy to the immediate supervisor. Said grievance shall procedure may be signed by the grievant and must be presented implemented within five (5) working days following. STEP N0.2 The aggrieved, through an authorized union representative, may submit the grievance to an authorized agent of the Employer, in writing and the responsible parties shall meet with within five (5) working days following. Should no settlement satisfactory to the immediate supervisor aggrieved be determined within five (5) working days following this meeting, the next step ofthe grievance procedure may be implemented within five (5) working days following. STEP N0.3 The aggrieved, through an authorized Union representative may submit the grievance to the Human Resources of the Employer in writing and the responsible parties shall meet within seven (7) calendar days following. 4.02 Grievances pertaining to alleged violation ofhours ofwork, rates of pay, overtime, vacation with pay and other monetary items, may be submitted within three (3) months of such alleged grievance incident, benefits and vacation pay may be submitted within twelve (12) months. 4.03 Satisfactory judgement of such grievances may be retroactive from the Employer's disposal first day of the grievance or failure incident. 4.04 Employees with sixty (60) days' service (probationary employees) may submit grievances pertaining only to dispose alleged violations of same monetary matters. 4.05 The grievance procedure for an employee, who claims he has been terminated without just cause, shall be dealt with at STEP 1. Said supervisor shallStep 2, within five (5) working days after receipt the termination. 4.06 The time limits set out in this Article may be extended by mutual agreement of the written grievance, give his decision in writing. The Union may automatically take it parties to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Collective Agreement. The Arbitrator's fees and onus of proof is on the expense of arbitration shall be shared equally by party asserting the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationextension. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed the mutual desire of the parties hereto that all grievancescomplaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until they have given their supervisor an opportunity to adjust the complaint. No grievance shall be considered where the event giving rise to it occurred or originated more than ten (10) days before the filing of the grievance. 9.01 Step #1. If an employee has an unsettled complaint affecting herself regarding the interpretation, disputes application, administration or complaints arising under and during the terms alleged violation of this Agreement Agreement, the employee may take the matter up as a grievance within five (5) days after receiving an unsatisfactory reply to the complaint. The immediate supervisor shall reply in writing within five (5) days from the date of the meeting. 9.02 Step #2. Failing settlement at Step #1, the employee and Union representative may, within ten (10) days of receipt of the Executive Director’s reply, request a meeting between the parties. The Executive Director shall reply in writing within five (5) days of the date of the meeting set out herein. 9.03 Step #3. Failing settlement at Step #2, the Union representative may, within ten (10) days of receiving of the reply from the Executive Director following the meeting, forward the grievance to the Head Office representative of the Employer requesting a meeting. Such meeting to be held within fifteen (15) days of the receipt of the request by the Head Office representative. Failing settlement at Step #3 the grievance may be submitted to arbitration as hereinafter provided if the request is made in writing to the other party within fourteen (14) days after the decision has been given at Step #3. If the grievance is not forwarded to arbitration within those fourteen (14) days, the grievance will be deemed to have been settled in accordance with the procedure herein providedor abandoned, unless extended by mutual agreement of both parties. 9.04 The reference to days means all calendar days except Saturdays, Sundays and paid holidays. Every effort shall Any and all time limits may at any time be made to adjust controversies and disagreements in an amicable manner extended by written agreement between the Employer and the Union. B. Should any grievance, disputes 9.05 A Union or complaints arise over the interpretation or application of the contents of this Agreement, there Employer “Policy Grievance” shall be an xxxxxxx effort on defined as any difference between the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when the employee could reasonably have obtained knowledge of its occurrence shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select concerning the Arbitrator. The arbitration procedures under this contractinterpretation, including the selection application, administration or alleged violation of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement Agreement, including a question of whether or any supplemental agreements entered into between the Employer and the Unionnot a matter is arbitrable. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall A policy grievance must be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step submitted within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.ten

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. A. It is mutually agreed that all grievances, disputes or complaints arising under and during the terms The purpose of this Agreement procedure is to secure at the lowest possible level, an equitable solution to the problem which may arise affecting the term and conditions of employment under this Agreement. B. Nothing herein shall be settled construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Department. Nothing contained herein shall prohibit the parties from raising a timeliness argument under this Article. C. With regard to employer, employee, or the Union the term “grievance” as used herein means an appeal by an individual employee or group of employees or the Union on their behalf, from the interpretation, application or violation of this Agreement. D. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in accordance with its entirety unless any step is waived by mutual consent: Step One: The Union or its representative shall institute written action under the procedure herein provided. Every provision hereof within five (5) calendar days after the event giving rise to the grievance has occurred, and an xxxxxxx effort shall be made to adjust controversies and disagreements in an amicable manner settle the differences between the Employer aggrieved employee and the Union. B. Should any grievance, disputes or complaints arise over Department Head for the interpretation or application purpose of resolving the matter informally. Failure to act within said five calendar days shall be deemed to constitute an abandonment of the contents of this Agreement, there shall grievance. Step Two: If no written agreement can be an xxxxxxx effort on the part of the parties to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having a grievance shall first take up the matter with his/her immediate supervisor and Union representative. A grievance not submitted reached within five (5) working calendar days of its occurrence or when on the initial discussion with the Department Head, the employee could reasonably have obtained knowledge or the Union may present the grievance in writing within (5) calendar days thereafter to the immediate supervisor or his designated representative. The written grievance at this step shall contain the relevant facts and a summary of its occurrence shall be considered automatically closed. STEP 2the preceding oral discussion, the applicable section of this contract violated, and the remedy requested by the grievant. In The immediate supervisor or his designated representative will answer the event the supervisor grievance in STEP 1 does not give a decision writing within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working calendar days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meeting, shall give his answer to the grievance in writing. STEP 4. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration. C. Any grievance not appealed from a decision in one of the steps above to the next step within the prescribed time limits shall be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandum.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A. It 7.01 A grievance is mutually agreed that all grievancesany dispute or difference arising out of the interpretation, disputes application or complaints arising under and during the terms administration of this Agreement shall be settled in accordance with the procedure herein providedor any allegation that this Agreement has been violated and includes any question as to whether a matter is arbitrable. Every Should any other dispute arise, an xxxxxxx effort shall be made to adjust controversies settle the dispute in the following manner, but excluding weekends and disagreements in an amicable manner between the Employer holidays. Any settlement so made shall be final and binding upon both parties and the Unionemployee concerned. B. Should any grievance, disputes or complaints arise over Step 1 It is the interpretation or application of the contents of this Agreement, there shall be an xxxxxxx effort on the part mutual desire of the parties that the complaints of the staff shall be settled as soon as possible. It is understood that an employee shall not be considered to settle such grievance, dispute or complaint promptly through the following steps. STEP 1. Any employee having have a grievance shall first take up until the matter complaint has been discussed with his/her their immediate supervisor and Union representative. A grievance not submitted within five (5) working days of its occurrence or when after the employee could reasonably circumstances giving rise to the complaint have obtained knowledge of its occurrence occurred. The supervisor shall be considered automatically closed. STEP 2. In the event the supervisor in STEP 1 does not give render a decision within five (5) working days, or the matter is not satisfactorily settled in STEP 1, the employee or Xxxxxxx shall reduce the grievance to writing and present a copy to the immediate supervisor. Said grievance shall be signed by the grievant and must be presented within five (5) working days to the immediate supervisor from the Employer's disposal of the grievance or failure to dispose of same at STEP 1. Said supervisor shall, within five (5) working days after receipt of the written grievance, give his decision in writing. The Union may automatically take it to the next step of the grievance procedure if no decision is given in five (5) working days by the said supervisor. Unresolved grievances shall proceed to STEP 3, provided they have been appealed within five (5) working days from the date the answer was received or due. STEP 3. In the event the grievance is not settled or disposed of at STEP 2, and it has been properly appealed to STEP 3 as provided in STEP 2 above, the presiding judge of the Court involved and a representative of the Local Union and MAPE shall meet within twenty (20) working days of the day of appeal, unless otherwise mutually extended by Agreement in writing to discuss the grievance and, if the parties at this step cannot settle the grievance or otherwise dispose of it, the said judge, within five (5) working days of the meetinggrievance being filed. Failing settlement at this step then:- Step 2 Failing satisfactory settlement from the supervisor within five (5) working days after the last reply received from the supervisor, the employee with the assistance of a representative as desired, may submit a written grievance to the Administrator, who in turn, will deliver a decision in writing within five (5) working days. Failing settlement, the grievance may then be submitted to arbitration within fifteen working days following the reply of the Administrator. 7.02 The Employer may initiate a written grievance beginning at Step 2 of the grievance procedure. Such a grievance shall give his be filed with the Association President or Secretary of the Association within ten (10) working days, after the circumstances giving rise to the grievance have occurred. The Association shall provide a written answer to the grievance within ten (10) working days of its receipt. If the Association does not reply within that time limit or if the answer is unsatisfactory to the Employer, the Employer may, within seventy-two (72) hours of the time limit, give notice in writingwriting to the Association of its intention to refer the grievance to arbitration in accordance with Article 8. STEP 4. In 7.03 Any grievance not commenced or processed through to the event next stage of the grievance is not or arbitration procedure within the time specified, shall be deemed to have been settled in accordance with management's last reply. 7.04 Any employee who believes that he has been discharged or suspended without just cause may submit a written grievance at STEP 3, Step 2 of the grieving party may appeal, grievance procedure within twenty five (205) working days of the said judge's answer discharge or failure suspension. A dismissed employee shall have the right to answerinterview his Association President or Secretary for a reasonable period of time before leaving the Home, provided that in cases where it is necessary to arbitrationimmediately expel a discharged employee from the Home, the Association President or Secretary will be advised. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an ArbitratorAssociation will be advised, in writing, through its President, of the event the parties are not able discharge or suspension of any employee covered by this Agreement. 7.05 A grievance filed pursuant to mutually agree on an ArbitratorArticle 7.01, Step 2, 7.02, or 7.04, shall be conducted under state the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions specific article of this Agreement or any supplemental agreements entered into between allegedly violated and state the Employer and details of the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitrationproblem. C. Any grievance not appealed from a decision 7.06 If applied for in one writing prior to the expiration of the steps above to the next step within the prescribed time limits shall times provided herein, Article 7 may be considered dropped and not subject to further appeal unless the time limit is extended by mutual Agreement by written memorandumagreement.

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

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

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!