GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable. 7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint. 7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes the purpose of this Agreementpolicy, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such formal complaint shall be discussed a written statement by a staff member that a disagreement exists over the application of the Mountain View School District Board Policy. All formal complaints shall contain a concise statement of the disagreement and the policy/policies which is/are allegedly violated. Every effort shall be made to settle the formal complaint at the lowest possible level of the formal complaint procedure. Formal complaints will be processed in the following manner and within the stated time limits. When school is not in session, “days” shall mean work week days exclusive of federal holidays.
Step 1 - A staff member shall promptly attempt to resolve the complaint informally between the staff member and his/her principal. If the complaint is not resolved informally, it shall be reduced to writing by the staff member who shall submit it to the principal. If a staff member does not submit his/her formal complaint to the principal in writing in accordance with their immediate Supervisor Step 1 within fourteen fifteen (1415) calendar days after the circumstances giving rise facts upon which the complaint is based first occurred, the complaint will be deemed waived. The principal will reply in writing to the complaint have originated or occurred. staff member within ten (10) school days after receipt of the written formal complaint.
Step 2 - If the immediate Supervisor formal complaint is unable not settled in Step 1 and the staff member wishes to adjust a appeal the formal complaint to their mutual satisfaction Step 2, the staff member may file the formal complaint in writing to the Superintendent of schools within ten (10) school days after receipt of the principal's written answer. The written formal complaint shall give a clear and concise statement of the alleged complaint including the fact upon which the complaint is based, the issues involved, the policy provisions involved, and the relief sought. The Superintendent or his/her representative shall thoroughly review the formal complaint, arrange for necessary discussions, and give a written answer to the staff member no later than twenty (20) school days after receipt of the written formal complaint.
Step 3 - If the formal complaint is not settled at Step 2, the staff member may within five (5) calendar daysdays after a decision by the Superintendent, refer the employee may proceed with formal complaint to the grievance procedure within fourteen (14) calendar days following Board of Trustees through the decision of Superintendent. The Board will then at their next available meeting, hear the immediate Supervisorformal complaint. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement The Step 3 formal complaint shall be adjusted and settled as follows: The employee, with on the assistance basis of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designateStep 2. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated Neither party shall be set out permitted to assert in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is proceedings any evidence which was not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Managerother party before the completion of Step 2 meetings. The Board may uphold, Labour Relations (modify, or designate) to be discussed at a meeting between overturn the Manager, Labour Relations (or designate)ruling of the Superintendent. Upon conclusion of the hearing, the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may Board will have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after to provide its written decision to the reply in staff member. The Board will attempt to hear formal complaint(s) outside of school hours. If the Board finds it necessary to hear a formal complaint during school hours, the staff member filing the complaint and necessary witnesses shall suffer no loss of pay for attendance at the Board's hearing. Each party shall bear all costs of producing their own witnesses, preparation of exhibits and other materials, including the production of a record or transcript of the proceeding unless such record or transcript is desired by both parties. Procedure By - Pass Formal Complaints involving more than one employee, formal complaints involving an administrator above the building level or those formal complaints promulgated by the Board may be initially filed at Step 2 is givenor Step 3. If no written request for arbitration is received within such ten (10) calendar day period, the grievance Non - Reprisal Clause No reprisals of any kind shall be deemed to have been abandonedtaken by the Board or the administration against any employee because of the employee’s participation in this formal complaint procedure. Formal Complaint Files All documents, communications, and records dealing with the processing of a formal complaint shall be maintained separately from the personnel files of the participant(s). Withdrawal of Formal Complaint A formal complaint may be withdrawn in writing at any level without establishing precedent.
Appears in 4 contracts
Samples: Negotiated Contract Agreement, Negotiated Contract Agreement, Negotiated Contract Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a Section A. A grievance is defined as a difference arising between dispute or question involving the parties relating to the interpretation, application, administration or alleged violation interpretation of a specific article of this Agreement, including any question as . Each written grievance must state the Article of the Agreement where the dispute exists and the remedy requested to whether a matter is arbitrablesettle the grievance.
7.02 It is the mutual desire of the parties hereto that complaints of employees Step 1. The employee shall present his/her grievance in writing to his/her immediate supervisor for disposition. This must be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor done within fourteen six (146) calendar days after of the circumstances giving incident which gave rise to the complaint have originated or occurredgrievance (excluding Saturday, Sunday, and recognized holidays). If the The immediate Supervisor is unable supervisor must respond to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following (excluding Saturday, Sunday, and recognized holidays). If the decision, the grievance must be re-submitted aggrieved employee does not refer to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee Step 2 of this procedure within five (5) calendar days of (excluding Saturday, Sunday, and recognized holidays) after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved.
Step 2. If the grievance is not satisfactorily resolved at Step 1, the grievance. Either party may have assistance from outside , together with all correspondence, shall be submitted to the Hospital at this stage if desiredChief. The Manager, Labour Relations (Chief or designate) his designee shall give written disposition investigate and hold a grievance meeting within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the day of such meetinggrievance. Failing settlement, either party may submit The Chief shall give his answer to the matter to arbitration Union and the aggrieved in writing within ten five (105) calendar days (excluding Saturday, Sunday, and recognized holidays) after the reply in Step 2 is giventermination of such grievance meeting. If no written request for arbitration is received the aggrieved employee does not refer the grievance to Step 3 of his procedure within such ten five (105) calendar day perioddays (excluding Saturday, Sunday, and recognized holidays) after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved.
Step 3. If the grievance is not satisfactorily resolved at Step 2, the grievance shall be deemed submitted to have been abandoned.the Township Administrator no later than five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the unacceptable decision rendered in Step 2. A meeting shall be scheduled within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after the filing of the grievance in Step 3. The decision of the Township Administrator shall be given within five
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 9.1 Union policy grievances shall commence at Step 2 of the grievance procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this 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 Unit Chair shall present the grievance, for any non- disciplinary matter, in writing to the employee’s local manager within 14 calendar days following the cause of the grievance. The grievance must include all of the details of the cause of the grievance. Such local manager will render a decision in writing, outlining the reasons for the decision, within 14 calendar days following receipt of the written grievance.
STEP 2 If the non-disciplinary grievance is defined as not settled at Step 1, the Union Vice-President or the Union designate may appeal the decision in writing, giving his reasons for the appeal, to the Regional Manager, within 14 calendar days following receipt of the decision rendered in Step 1. Such Company officer will render a difference arising between decision in writing, giving his reasons for the decision within 14 calendar days following receipt of the appeal.
STEP 3 If the non-disciplinary grievance is not settled at Step 2, the Union Vice-President or the Union designate may appeal the decision in writing, giving his reasons for the appeal, to the Company Vice President, within 28 calendar days following receipt of the decision rendered in Step 2. Such Company officer will render a decision in writing, giving his reasons for the decision within 28 calendar days following receipt of the appeal. A grievance with respect to discipline shall commence at Step 2 of the grievance procedure within 28 calendar days of the notice of discipline. A grievance with respect to dismissal shall commence at Step 2 of the grievance procedure within 42 calendar days of the dismissal. Union policy grievances shall commence at Step 3 of the grievance procedure.
STEP 4 If the grievance is not settled at Step 3, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 28 calendar days following receipt of the decision in Step 3, or the due date of such decision if not received.
9.2 Upon mutual agreement the parties relating agree to consider using Labour Canada Mediation services as an option to arbitration.
9.3 The arbitrator’s decision shall be final and bind the interpretationCompany, applicationthe Union, administration and the employee(s) concerned. The arbitrator shall not be authorized to alter, modify or alleged violation amend any part of this Agreement, including nor to render any question as decision incompatible with the provisions of this Agreement, nor to whether a consider any matter is arbitrablenot pertaining to the present Agreement.
7.02 It 9.4 When a grievance is not progressed by the mutual desire Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer 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 they have first given their immediate Supervisor Company fails to render a decision within the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysprescribed time limits, the employee grievance may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, be progressed to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of within the grievance procedure may be takenprescribed time limits based on the last date such a decision was due, except as otherwise provided in Clause 9.4. In the event the Company fails to respond to a grievance within the prescribed time limits, the Union may process the grievance from that point onward in accordance with the procedures herein except that the response time limits in Step 1 respect of that grievance from that point onward shall be directory.
9.5 When a grievance based on a claim for unpaid wages is not satisfactoryprogressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within five (5) the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
9.6 The time limits specified herein may be extended by mutual agreement.
9.7 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days following the decision, the grievance must be re-submitted prior to the Manager, Labour Relations (date that such grievance was first submitted in writing.
9.8 Prior to adjudication or designate) to final disposition of a grievance there shall be discussed at neither a meeting shutdown by the Company nor a work stoppage by employees.
9.9 All time limit restrictions in Article 6 and Article 9 will be automatically extended between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) period of December 22 and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedJanuary 5 inclusive each year.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 8.01 It is the mutual desire of the parties hereto that to adjust complaints of employees shall be adjusted and grievances as quickly as possible. Complaints arising from the interpretation, application, administration or an alleged violation of this Agreement, shall be defined as grievances and dealt with as hereinafter provided. However, it is understood that an employee a nurse has no grievance until they have first she has given their immediate Supervisor the Director of Care an opportunity of adjusting their her complaint. If an employee has a complaint, such Such complaint shall be discussed verbally with their immediate Supervisor the Director of Care within fourteen (14) calendar days after the date upon which the circumstances giving rise to the complaint have grievance originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction Failing satisfactory resolution within five seven (5) calendar days, the employee may proceed with the grievance procedure within fourteen (147) calendar days following by the decision Director of Care, the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present grievance shall be processed and dealt with them when meeting in accordance with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance terms and provisions of an employee properly arising under this Agreement Article. The nurse shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance grievance, signed and dated by her, to the Director of Care or her designate within seven (7) calendar days after the date upon which the Director of Care gave her reply to the complaint. The nurse may be assisted by the employee, to The Manager of Labour Relations or designatenurse representative if she so desires. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievancegrievance in the prescribed form. The Manager Director of Labour Relations will Care shall deliver their her decision in writing five within seven (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (57) calendar days following the decision, day on which the grievance must be re-submitted was presented to the Managerher. Failing settlement, Labour Relations then: Within seven (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (57) calendar days of receipt following the decision under Step One, the nurse shall submit the written grievance to the Administrator or his designate. A meeting will then be held between Management and the nurse representative and the nurse involved within fourteen (14) calendar days following the advancement of the grievance. Either party may have assistance from outside the Hospital at grievance to this stage if desiredstep. The Manager, Labour Relations Officer of the Association may attend such meeting as may an outside consultant for Management. The decision of the Administrator or his designate shall be given in writing after consultation with the Board of Management where necessary within fourteen (or designate) shall give written disposition within five (514) calendar days of the day Step Two meeting, or such additional period as is necessary to permit consultation with the Board of such meetingManagement, which shall not, however, exceed fourteen (14) calendar days. Failing settlementIn the event the decision of the Administrator or his designate is not satisfactory to the grievor, either party the grievor may submit refer the matter to arbitration within ten (10) calendar days after in accordance with the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedprovisions of this Agreement.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 9.01 It is the mutual desire of the parties to this AgreementAgreement that the complaint of an employee shall be resolved as promptly as possible. It is understood that an employee has no grievance until he has first discussed his complaint with his immediate Supervisor and afforded him an opportunity to endeavour to adjust his complaint. If an 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 originated or occurred. Failing settlement, it may be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s decision in the following manner and sequence: The employee shall submit a written grievance signed by him to his immediate Supervisor. The grievance shall specify the article or articles of the Collective Agreement of which a violation is defined alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days following the day on which the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance to the Director of the Programme or designate who shall review the grievance and render a decision in writing within five (5) working days from the date on which the grievance is presented to him. Failing settlement, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the grievor and the xxxxxxx from the appropriate area to review the grievance within five (5) days of receiving the grievance at this step. The Executive Director shall have such counsel and assistance as a difference arising he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate shall be delivered in writing within five (5) working days from the date on which the grievance meeting was convened.
9.02 Failing settlement, under the foregoing procedure, of any grievance between the parties relating to arising from the interpretation, application, administration or alleged violation of this Agreement, including any question questions as to whether a matter the grievance is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must may be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is givenas hereinafter provided. If no written request for arbitration is received within such ten five (105) calendar day perioddays from the date of the decision under Step III above is given, the grievance shall be deemed to have been abandonedsettled.
9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Union, shall be final and binding upon the Employer, the Union and the employees. All time limits referred to in the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment of the grievance or denial of the grievance as the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties.
9.04 For the purposes of this Agreement, the words “working days” shall not include Saturdays, Sundays or paid holidays.
9.05 Where a grievance has been filed by an employee the Employer shall not discuss the grievance with the grievor without the presence of a Union Xxxxxxx unless the employee requests to speak to the Employer without representation. At each step of the grievance procedure, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxx.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is defined as a difference arising dispute between the parties relating City and the Union or an employee or group of employees as to the interpretation, application, administration violation, to include discipline, of any terms or alleged provisions of this Agreement or the departmental rules and regulations. A grievance may be initiated either by the Union on behalf of an employee or group of employees within the bargaining unit or by the aggrieved employee and must be signed by either a Union representative or such aggrieved employee. The grievance procedure set forth herein is intended to be the sole basis and sole procedural remedy for dispute resolution of all matters concerning the interpretation, application or violation of any terms or provisions of the Agreement, or of any disciplinary matters, between the City and the Union. Except as otherwise provided herein, the Union specifically elects to utilize the grievance procedure set forth in this Section for dispute resolution of all matters covered by this Agreement, including to include all disciplinary matters involving employees in lieu of statutory remedies involving the appeal to the Civil Service Commission. The following procedures shall be utilized for the handling of grievances: failure to respond at any question as step within the designated time period will automatically progress the grievance to whether a matter is arbitrablethe next step. All grievances should be presented at the place where the grievance occurred.
7.02 It is Step 1: The grievant shall attempt to resolve any grievance with the mutual desire officer concerned on an informal oral basis within ten days of occurrence constituting 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 they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor or within fourteen (14) calendar ten days after the circumstances giving rise it becomes known to the complaint have originated or occurredemployee.
1. If the immediate Supervisor is unable to adjust grievance involves a complaint of assignment to their mutual satisfaction non-emergency work, not directly connected with fire fighting or emergency medical service, the Union on behalf of the employee may notify the Safety Director of the existence of the grievance and request the Safety Director to suspend the assignment. The Safety Director shall have the discretion to suspend or not suspend the assignment; his determination with regard to suspending of the assignment shall not be appealable.
Step 2: If the grievance is not resolved at Step 1, the grievant shall present the grievance in writing within ten (10) days after an attempt for resolution has failed, to the Chief. The Chief shall make a decision in writing within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the date of a discretionary hearing, but no later than eight (8) days after filing of their grievance, whichever occurs later, and shall submit his written decision of to the immediate SupervisorSafety Director, Division Chief, Battalion Chief, Union Representative, and grievant. Any employee If the grievance is entitledunresolved at Step 2, upon request, to have a CAW Committeeperson present with them when meeting with then the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with presented to the assistance of Union Screening Committee for a CAW Committeeperson, if desired, must submit a written grievance signed and dated by merit review prior to initiating any further steps in this process. Should the employee, to The Manager of Labour Relations or designate. The nature of the grievancecommittee recommend further appeal, the remedy soughtgrievance will move to Step 3. Should the committee deny further appeal, and the section or sections of the Agreement which are alleged grievance shall be considered to have been violated shall be set out in resolved.
Step 3: The Union, on behalf of the grievance. The Manager of Labour Relations will deliver their decision grievant, may appeal in writing five within ten (510) calendar days after receipt of the grievance in writing. Failing settlement, the next step written decision of the Chief in Step 2 to the Safety Director or his designated representative. The Safety Director or his designee shall hold an open meeting concerning the grievance procedure may be takenwithin ten (10) days from receipt of the written appeal unless any of the parties thereto object to an open meeting. The Director or his designee shall render his decision within ten (10) days from the date of the meeting, with copies to the Union representative and grievant. In the event that more than ten (10) grievances are pending at any one time, then the response in time limit for the holding of the meeting shall be extended to not less than ten (10) days or to such larger amount of time as the parties may agree.
Step 1 4: In the event that the grievance is not satisfactory, within five (5) calendar days following the decisionresolved through Step 3, the Union may request arbitration of the grievance must be re-submitted within thirty (30) days from the decision of the Safety Director or his designee by making written request for arbitration delivered to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) Safety Director. If either party requests arbitration in writing and the Union Grievance Committee other party fails or refuses within five ten (510) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day periodto agree to arbitrate, the grievance party failing or refusing to arbitrate shall forfeit its case and the demand of the party requesting the arbitration shall be deemed to have been abandonedgranted. Within five (5) days after the parties have agreed to arbitrate a dispute, the parties shall meet to select an arbitrator by mutual agreement. If such an agreement is not reached, the parties shall jointly notify the American Arbitration Association of the arbitration and request the submission of a list of arbitrators. Within seven (7) days following receipt of the list of names of arbitrators, the employer and the Union shall meet to select an arbitrator from the list. The selection of the arbitrator shall be done either by mutual agreement of the parties in writing, or if no agreement can be reached, by each party alternately striking one name from the list until only one name remains. The side to strike the first name shall be chosen by lot. The arbitration shall be conducted pursuant to the rules and standards utilized by the arbitrator. All expenses involved in the arbitration proceedings shall be the responsibility of the party in which the arbitrator rules against. However, expenses relating to the calling of witnesses or the obtaining of depositions shall be borne by the party at whose request such witnesses or depositions are required. Transcripts shall be at the expense of the party who orders the hearing testimony typed but the parties shall equally divide the cost of the appearance of any court reporter retained. A Court Reporter shall be required if either party so requests. The parties may agree to tape record the arbitration hearing in lieu of the use of a court reporter. Time limits may be waived by mutual consent in writing. The decision of the Arbitrator shall be final and binding on the parties. The Arbitrator shall not have the power to add to or subtract from or modify any of the terms of this Agreement. The grievant may be represented by the union representative or by his individually retained legal counsel at all steps of the procedure.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 20.8.1 Union policy grievances shall commence at Step 2 of the grievance procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement, a grievance or when an Owner Operator claims that he has been unjustly dealt with in respect thereof and he is defined as a difference arising between unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the parties relating following manner: Disputes in respect to the interpretationmeaning, application, administration or interpretation of alleged violation violations of the terms of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that or when an employee claims that he has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed been unjustly dealt with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor in respect thereof and he is unable to adjust obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the following manner:
STEP 1 The aggrieved Owner Operator or the Unit Chair shall present the grievance, for any non-disciplinary matter, in writing to the Owner-Operator’s local manager within 14 calendar days following the cause of the grievance. The grievance must include all of the details of the cause of the grievance. Such local manager will render a complaint to their mutual satisfaction decision in writing, outlining the reasons for the decision, within five (5) 14 calendar daysdays following receipt of the written grievance.
STEP 2 If the non-disciplinary grievance is not settled at Step 1, the employee Union Vice-President or the Union designate may proceed appeal the decision in writing, giving his reasons for the appeal, to the Regional Manager, within 14 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 14 calendar days following receipt of the appeal.
STEP 3 If the non-disciplinary grievance is not settled at Step 2, the Union Vice-President or the Union designate may appeal the decision in writing, giving his reasons for the appeal, to the Company Vice President, within 28 calendar days following receipt of the decision rendered in Step 2. Such Company officer will render a decision in writing, giving his reasons for the decision within 28 calendar days following receipt of the appeal. A grievance with respect to discipline shall commence at Step 2 of the grievance procedure within fourteen (14) 28 calendar days following the decision of the immediate Supervisornotice of discipline. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement with respect to dismissal shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step commence at Step 2 of the grievance procedure within 42 calendar days of the dismissal. Union policy grievances shall commence at Step 3 of the grievance procedure.
STEP 4 If the grievance is not settled at Step 3, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 28 calendar days following receipt of the decision in Step 3, or the due date of such decision if not received.
20.8.2 Upon mutual agreement the parties agree to consider using Labour Canada Mediation services as an option to arbitration.
20.8.3 The arbitrator’s decision shall be final and bind the Company, the Union, and the Owner Operator(s) concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to render any decision incompatible with the provisions of this Agreement, nor to consider any matter not pertaining to the present Agreement.
20.8.4 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be takenprogressed to the next step within the prescribed time limits based on the last date such a decision was due, except as otherwise provided in Clause 9.4. In the event the Company fails to respond to a grievance within the prescribed time limits, the Union may process the grievance from that point onward in accordance with the procedures herein except that the response time limits in Step 1 respect of that grievance from that point onward shall be directory.
20.8.5 When a grievance based on a claim for unpaid wages is not satisfactoryprogressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within five (5) the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement.
20.8.6 The time limits specified herein may be extended by mutual agreement.
20.8.7 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days following the decision, the grievance must be re-submitted prior to the Manager, Labour Relations (date that such grievance was first submitted in writing.
20.8.8 Prior to adjudication or designate) to final disposition of a grievance there shall be discussed at neither a meeting shutdown by the Company nor a work stoppage by Owner Operators.
20.8.9 All time limit restrictions in Article 6 and Article 9 will be automatically extended between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) period of December 22 and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedJanuary 5 inclusive each year.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a Section 1. A grievance is defined as a difference arising between dispute by the parties relating to Union or a covered employee concerning the interpretation, application, administration application or alleged violation interpretation of a specific provision of this Agreement. Grievances may be initiated and pursued in the following manner using the Grievance Form in Exhibit B.
Step 1 The employee or union representative shall present the grievance, including any question as on the official grievance form, to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their employee’s immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor supervisor for adjustment within fourteen seven (147) calendar days after of the circumstances date on which the events occurred giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision An employee’s supervisor shall respond promptly, but in writing five no event more than seven (57) calendar days after receipt of the grievance written grievance.
Step 2 If a written grievance, as outlined in writing. Failing settlementStep 1, has not been settled between the affected employee and the immediate supervisor, the next step grievance shall be submitted in writing to the facility director or designee, by the Union representative within ten (10) calendar days. The facility director or designee shall respond in writing to the Union representative within ten (10) calendar days after receipt thereof.
Step 3 If the grievance is not resolved, the Union or the affected employee may submit the grievance to the General Manager of Visitor Venues, Metro or designee within (10) calendar days from the receipt of the facility director or designee’s written response. The General Manager shall respond in writing within ten (10) calendar days from receipt of the grievance.
Step 4 Should the parties fail to settle the grievance within seven (7) calendar days from the date of submission to the General Manager of Visitor Venues, Metro or designee, it may be referred in writing within seven (7) calendar days thereafter to a Board of Adjustment upon mutual agreement of the parties. The Board of Adjustment shall consist of two (2) members designated by the General Manager of Visitor Venues, Metro and two (2) members designated by the Union. Members of the Board of Adjustment shall not be from any of the facilities or local union under the jurisdiction of this Agreement. The Board of Adjustment shall convene within ten (10) calendar days following referral of the grievance procedure may be takento hear evidence submitted by the parties involved. In The Board of Adjustment shall decide the event that the response in Step 1 is not satisfactory, issue by majority vote of its members within five (5) calendar days following the hearing. A majority decision of the Board of Adjustment shall be final and binding on all parties. The grievance shall be considered unsettled in the event of a split decision.
Step 5 If the grievance is still unsettled, the grievance must be re-submitted to the ManagerUnion shall, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after of the reply in Step 2 is givenreceipt of the decision of the Board of Adjustment, have the right to have the matter submitted to final and binding arbitration by submitting a written notice to the Metro Human Resources Director with a copy to the Employer. If no written In order to advance the grievance, the Union shall request for arbitration is received a list of seven (7) arbitrators from the State of Oregon Mediation and Conciliation Services within such ten (10) calendar day perioddays from the request for arbitration. Upon the receipt of the list of arbitrators within fourteen (14) days, both the Employer and the Union shall have the right to strike three (3) names from the list alternately; the last name remaining shall be the impartial arbitrator. The Employer and the Union shall flip a coin to determine who strikes first. The parties will make best efforts to schedule arbitration within six (6) months of selecting and arbitrator. The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union. All other expenses shall be borne by the party which incurs them. Each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. The designated arbitrator shall conduct a hearing, and then issue a decision which shall be final and binding on the parties. The arbitrator shall not have jurisdiction or authority to: add to, subtract from, modify or in any way change the provision of this Agreement; establish new wage rates or change existing wage rates or rates for specific job classifications; or assume any responsibility of Management or of the Union. The Employer and the Union may, by mutual agreement, submit the grievance to mediation prior to proceeding to binding arbitration. The provisions of this Article shall not be interpreted to require that the Union process any grievance through the grievance or arbitration procedure, which it believes in good faith, lacks sufficient merit. The time limits of this grievance and arbitration procedure shall be deemed strictly adhered to. The Employer shall have the right to have been abandonedrefuse to process or arbitrate a grievance which is not raised or processed within the above-described time limits. If at any step of the grievance procedure the Employer does not formally respond as provided herein, it will be assumed that the Employer has rejected the grievance and the next step of the grievance procedure shall be available. The time limits of this grievance and arbitration procedure may be extended or waived by mutual agreement, in writing, between the parties.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 9.01 For purposes the purpose of this Agreement, Agreement a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 9.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, possible and it is understood that an employee has no grievance until they have first given their immediate Supervisor the Employer the opportunity of adjusting their the complaint. If an employee has a complaint, such a complaint shall be discussed with their immediate Supervisor supervisor within fourteen ten (1410) calendar days after the circumstances circumstance giving rise to the complaint have has originated or occurred. If the immediate Supervisor supervisor is unable to adjust a complaint to their the mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen five (145) calendar days following the decision of the immediate Supervisorsupervisor. Any employee is entitled, entitled upon request, request to have a CAW Committeeperson Union Committee member present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 9.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: :
Step 1 The employee, employee with the assistance of a CAW Committeeperson, Union Committee member if desired, desired must submit a written grievance signed and dated by the employee, employee to The Manager of Labour Relations their Director or designate. The nature of the grievance, the remedy sought, sought and the a section or sections of the this Agreement which that are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations Director or designate will deliver their decision in writing within five (5) calendar days after the receipt of the grievance in writinggrievance. Failing settlement, settlement the next step of the grievance procedure may be taken. In the event that the response in .
Step 1 is not satisfactory, within 2 Within five (5) calendar days following the decisiondecision under Step 1, the grievance must be re-submitted to the Manager, Labour Relations (or designate) Human Resources to be discussed at a meeting between representatives from the Manager, Labour Relations (or designate)Employer, the said Committee person, Union committee and the grievor(s) and the Union Grievance Committee within five (5) calendar days of the receipt of the grievance. Either party may have assistance from outside the Hospital Employer at this stage if desired. The Manager, Labour Relations (or designate) Employer shall give a written disposition deposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is shall be defined as a any difference arising between the parties relating to out of the interpretation, application, administration administration, or alleged violation of this the Collective Agreement, including any question as to whether a matter is arbitrable.
7.02 It is (A) In order to provide an orderly procedure for the mutual desire settling of grievances, the Employer acknowledges the right of the parties hereto that complaints Union to appoint, or otherwise select a Grievance Committee of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysmembers, who shall process any grievance in their department in accordance with the Grievance Procedure.
(B) The Employer shall recognize the Shop Stewards selected by the Union. Shop Stewards shall investigate and attempt to settle disputes before reaching the Grievance Committee.
(C) The Union shall notify the Employer in writing of the name of each Grievance Committee member and Shop Xxxxxxx before the Employer shall be required to recognize them.
(D) In order that the work of the Employer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards.
(E) Should a dispute arise between the Employer and any employee(s) or the Union an xxxxxxx effort shall be made to settle the dispute fairly and promptly in the following manner:
Step 1: Within fifteen (15) working days from the date the employee became aware of the alleged violation of the Collective Agreement, the employee may proceed shall discuss the matter with their immediate supervisor with a view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintprocedure.
7.03 A Step 2: If the Shop Xxxxxxx and/or the grievance of an employee properly arising under this Agreement shall committee consider the grievance to be adjusted and settled as follows: The employeejustified, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed form will be submitted and dated by the grievor along with the Xxxxxxx will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a copy to The Manager the District Principal of Labour Relations or designate. The nature Human Resources within ten (10) working days.
Step 3: If the grievance is not resolved within ten (10) working days of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged meeting referred to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision2, the grievance must may be re-submitted presented in written form to the Manager, Labour Relations Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with their Union representative in an attempt to resolve the dispute.
Step 4: If the grievance is not resolved within ten (or designate10) working days of the meeting referred to be discussed at a meeting between the Manager, Labour Relations (or designate)in Step 3, the said Committee person, the grievor(sUnion may within ten (10) and the Union Grievance Committee within five (5) calendar working days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Managerwritten decision under Step 3, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit refer the matter to arbitration the Step 4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at no cost to the Board.
Step 5: Failing agreement being reached at Step 4, the Union may refer the dispute to Arbitration as per Article 14. The Union shall receive replies at each step within ten (10) calendar working days after and will proceed to the reply in Step 2 is given. If no written request for arbitration is received succeeding step within such ten (10) calendar day periodworking days if applicable unless mutually agreed to otherwise.
(F) The grievant shall have the right to be present at any step of the aforementioned procedure.
(G) The Employer agrees that, after a grievance has been initiated by the Union, the grievance Employer’s representative will not enter into discussion or negotiation with respect to the grievance, either directly or indirectly, with the aggrieved employee(s) without the consent of the Union.
(H) Where a dispute involves a question of general application of interpretation or where a dispute involves five (5) or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed.
(I) Replies to written grievances shall be deemed in writing at all stages.
(J) Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed.
(K) The Employer shall supply the necessary facilities for the grievance meetings.
(L) Employees together with their Shop Stewards shall have access to have been abandonedall information in their personnel file.
(M) If the grievant, Union or Management fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall request an extension of the time limits in writing. Such requests shall not be unreasonably denied by the other party.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 12.1 It is the mutual desire of the parties Parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have the employee has first given their immediate Supervisor the an opportunity of adjusting their the employee’s complaint. If an employee has a complaint, In discussing such complaint the employee may be accompanied by a Union Representative.
STEP 1 The aggrieved employee(s) shall be discussed with submit their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise grievance in writing to the complaint have originated or occurredChairperson of the Grievance Committee. If the immediate Supervisor is unable Grievance Committee of the Union considers the grievance to adjust a complaint to their mutual satisfaction within five (5) calendar daysbe justified, the employee may proceed grievor(s) concerned, together with the grievance procedure within fourteen (14) calendar days following Grievance Committee, shall first seek to settle the decision of the immediate Supervisor. Any employee is entitled, upon request, to have dispute at a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: or Designate. The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The aggrieved employee(s) must contain the nature of the grievance, the remedy sought, sought and the section or sections of the Agreement which are alleged to have been violated shall violated. The Supervisor or Designate will deliver his/her decision in writing within three (3) working days following the day on which the grievance is presented to him/her. The Supervisor or Designate will also distribute copies of the original grievance and the answer to the Manager concerned and the Manager of Human Resources or Designate. Failing settlement - then Step 2 may be set out invoked.
STEP 2 Within five (5) working days following the decision under Step 1, the Grievance Committee together with the grievor(s) concerned may submit the written grievance to the Manager, at a meeting. The Manager will deliver a decision in writing within five (5) working days from the grievancedate on which the written grievance is presented to him/her. Failing settlement - then Step 3 may be invoked.
STEP 3 Within five (5) working days following the decision under Step 2, the Grievance Committee together with the grievor(s) concerned may submit the written grievance to the Director of Utilities, at a meeting. The Director of Utilities will deliver a decision in writing within five (5) working days from the date on which the written grievance is presented to him/her. Failing settlement - then Step 4 may be invoked.
STEP 4 Within five (5) working days following the decision under Step 3, the Grievance Committee together with the grievor(s) concerned may submit the written grievance to the Manager of Human Resources or Designate. A meeting will be held within ten (10) working days at which time the matter will be reviewed. The Manager of Labour Relations Human Resources or Designate will deliver their a decision in writing within five (5) calendar working days after receipt from the date on which the meeting was held under Step 4.
12.2 A complaint or grievance arising directly between the Corporation and the Union concerning the interpretation, application or alleged violation of this Agreement, shall be originated under Step 4.
12.3 Failing settlement under the foregoing procedure of any grievance between the Parties, arising from the interpretation, application or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, such grievance may be submitted to Arbitration, as set forth in Article 13.
12.4 Replies to grievances shall be in writing at all stages.
12.5 All agreements reached under the Grievance Procedure between the representatives of the Corporation and the representatives of the Union will be final and binding upon the Corporation and Union and the employee(s).
12.6 No adjustment affected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date of occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in writing. Failing settlementcomputations.
12.7 Where no answer is given within the time limits specified in the Grievance Procedure, the employee(s) concerned, the Union and the Corporation shall be entitled to submit the grievance to the next step of the grievance procedure Grievance Procedure.
12.8 The Corporation will supply the necessary facilities for the Grievance meetings.
12.9 Subsection 16 of Section 48 of the Ontario Labour Relations Act (1995) does not apply to this Agreement.
12.10 The time limits fixed in the Grievance Procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt extended by mutual consent of the grievance. Either party may have assistance from outside the Hospital at Parties to this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedAgreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a difference arising 5.01 Should any dispute arise between the parties relating to Company and an employee involving the meaning, interpretation, application, administration application or alleged violation of this Agreementthe collective agreement, including any question as an honest effort shall be made by both parties hereto to whether a settle immediately and without delay such disputes or trouble in respect to which the following steps shall be used:
STEP 1 The employee concerned shall discuss the matter is arbitrablewith his or her Supervisor or with the Supervisor’s designated representative.
7.02 It is STEP 2 If the mutual desire Supervisor fails to resolve the matter to the satisfaction of the parties hereto that complaints of employees employee, the employee assisted by his or her xxxxxxx, shall be adjusted as quickly as possible, state the grievance in writing and present it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated Plant Manager or occurredhis/her designated representative at a meeting to be scheduled at a time suitable to the attending parties. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction The Plant Manager or his/her designated representative shall reply in writing within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision meeting.
STEP 3 If the above reply is not satisfactory to the Employee concerned, the grievance shall be discussed at a meeting of the immediate Supervisorgrievor, Grievance Committee, the Plant Manager (or designated representative) and a Management Committee. Any employee is entitled, upon request, to have a CAW Committeeperson A National Representative of the Union shall be present with them when at this meeting with at the immediate Supervisor to attempt to adjust their complaintrequest of either party.
7.03 A 5.02 If the grievance is not settled to the satisfaction of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, then either party may request that the matter be referred to The Manager Arbitration in accordance with Article 6 of Labour Relations or designate. The nature this Agreement.
5.03 To ensure prompt handling of the any alleged grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated grievance shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, submitted within five (5) calendar days following from the decisiondate of the incident. Not more than five (5) days shall be allowed for consideration under each successive step, except by mutual agreement between the Company and the Union, until the matter is brought to arbitration.
5.04 Any grievance not appealed from the decision in any step in the grievance procedure within the aforementioned time limits shall be considered settled on the basis of the last decision and shall not be subject to further appeal. If the Company fails to reply within the aforementioned time limits, the Union shall have the right to submit the grievance must at the next step.
(a) The Union may file a “Policy Grievance” at Step 3 of the grievance procedure. “Policy Grievance” may not be re-submitted used to bypass the Managerregular grievance procedure. A policy grievance is defined as one that alleges a misinterpretation or violation of a provision of this Agreement and which, Labour Relations (because of the nature or designate) to scope of the subject matter, could not otherwise be discussed instituted as an individual employee grievance commencing at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee Step 1. Such policy grievance shall be filed in writing within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meetinginitial incident giving rise to the complaint. Failing settlement, either party may submit The grievance must be signed by the matter to arbitration within ten (10) calendar days after National Representative or the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedChairperson or his designate.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement
26.1 Any grievance, a grievance is defined as a difference arising between the parties relating to claim reasonably and suitably founded on a dispute involving the interpretation, application, administration or alleged violation of this Agreement, including any question as shall systematically follow the three (3) step grievance procedure that is outlined in this Article. Any grievance filed shall refer to whether a matter all provisions of the Agreement that are in dispute, and shall adequately set forth the facts pertaining to the alleged dispute. The legal interpretation of this Agreement is arbitrablegoverned by the case and statutory law of the State, together with the Charter and ordinances of the City of Jacksonville.
7.02 It is the mutual desire of the parties hereto that complaints of employees 26.2 An employee having a grievance shall be adjusted as quickly as possible, and submit it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise pursuant to the complaint have originated following procedures:
STEP I: The employee may present his/her grievance in writing to the appropriate division chief. The employee and appropriate division chief will meet to discuss the grievance. The employee or occurredthe appropriate division chief may request that the designated Union grievance representative be present at any discussion of a Step I grievance. If The Employer shall notify the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction Union within five (5) calendar daysdays of all grievances filed under the terms of the collective bargaining agreement or the Civil Service Board grievance procedure that are not filed by the Union. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. No employee will leave his/her work for the purpose of discussing a grievance without first obtaining permission from the appropriate division chief. The appropriate division chief shall notify the employee and the designated Union representative, in writing, of his/her decision regarding the grievance within ten (10) business days after the day the grievance was presented.
STEP II: If the grievance is not settled at the first step, the employee and/or designated Union grievance representative may proceed present the written grievance to the Director/Fire Chief or his/her designee, within ten (10) business days after the employee is notified of the decision at Step I or after the decision was due. The Director or his/her designee shall meet with the employee and/or the designated Union grievance procedure representative to discuss the grievance within fourteen ten (1410) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar business days after receipt of the grievance grievance, unless such time is extended by mutual agreement in writing. Failing settlementThe Director/Fire Chief, or his/her designee, shall notify the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) employee and the designated Union Grievance Committee representative in writing of his/her decision within five ten (510) calendar business days of receipt of the grievance. Either party If the answer from the Director/Fire Chief in Step II is not considered satisfactory by the employee, the employee and/or designated Union grievance representative may have assistance from outside present the Hospital at this stage if desired. The Managerwritten grievance to the Director of Employee Services, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlementhis/her designee, either party may submit the matter to arbitration within ten (10) calendar business days after the reply in employee is notified of the decision at Step 2 is givenII or after the decision was due. If no written request for arbitration is received The Director of Employee Services, or his/her designee, shall meet with the employee and/or the designated Union grievance representative within such ten (10) calendar day periodbusiness days after receipt of the grievance, unless such time is extended by mutual agreement in writing. At this meeting there will be a full disclosure of all facts relating to the grievance. The Director of Employee Services, or his/her designee, shall render a written decision on the grievance within ten (10) business days after the meeting, and furnish a copy of the decision to the employee, the designated Union grievance shall be deemed to have been abandonedrepresentative, and the Union President.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes VON Simcoe County and the Association agree it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her supervisor without the matter being resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
9.01 A formal grievance shall be one having to do with the interpretation or alleged violation of the Collective Agreement. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and an indication of the Article(s) of this AgreementAgreement on which the grievance is based. A formal grievance must be filed within ten (10) days of the circumstances giving rise to the grievance.
9.02 The following shall be the procedure in handling and processing grievances submitted on behalf of the nurse. The nurse may submit the grievance in writing to her manager who shall give her decision within five (5) days of receipt of the grievance. Within five (5) days following the decision under Step #1, the nurse may submit the written grievance to the Director of Human Resources. A meeting will be held between management and the grievance committee within ten (10) days of the referral. It is agreed that a staff representative of the Ontario Nurses’ Association may be present at the meeting and that VON Simcoe County may have such counsel and assistance as it may desire at the meeting. The management decision will be delivered within five (5) days of the meeting.
9.03 A grievance arising directly between VON Simcoe County and the Association concerning the interpretation, application or administration or alleged violation of this Agreement shall be originated in writing at Step #2 within ten (10) days following the circumstances giving rise to the grievance. It is expressly understood however, that the provisions of this Article may not be used with respect to a grievance is defined as directly affecting a nurse or nurses which such nurses could have themselves instituted and the regular grievance procedure shall not thereby be bypassed. Note: Any of the time allowances may be extended by mutual agreement between the parties in writing.
9.04 Where a difference arising arises between the parties relating to the interpretation, application, application or administration or alleged violation of this Agreement, Agreement including any question as to whether a matter is arbitrable.
7.02 It , or where an allegation is the mutual desire made that this Agreement has been violated, either of the parties hereto that complaints may, after exhausting the Grievance procedure established by this Agreement, notify the other party within ten (10) working days in writing of employees its desire to submit the difference or allegation to arbitration and the notice shall be adjusted as quickly as possible, and it is understood that contain the name of the first party’s appointee to an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaintArbitration Board. If an employee has a complaint, such complaint The two (2) appointees so selected shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysworking days of the appointment of the second of them appoint a third person who shall be the chair. If the recipient of the notice fails to appoint an arbitrator or if the two (2) appointees fail to agree upon a chair within the time limit, the employee may proceed with appointment shall be made by the grievance procedure within fourteen (14) calendar days following Minister of Labour of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final binding upon the parties and upon any nurse affected by it. The decision of the majority is the decision of the immediate Supervisor. Any employee Arbitration Board, but if there is entitledno majority, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintdecision of the chair governs.
7.03 A grievance 9.05 The Arbitration Board shall not have the authority to alter or change any of an employee properly arising under the provisions of this Agreement shall or to substitute any new provisions in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the fees and disbursements of the chair.
9.06 Notwithstanding any other provisions of this Agreement, grievances may be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by confirming VON Simcoe County’s action or by the employee, parties or the Arbitration Board.
9.07 Wherever “Arbitration Board” is referred to The Manager of Labour Relations or designate. The nature of the grievancein this Agreement, the remedy sought, parties may mutually agree to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the section or sections of the Agreement which are alleged other provisions referring to have been violated Arbitration Board shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedapply accordingly.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes a. Step 1 – Assistant Superintendent level (informal) A grievant shall informally discuss a grievance with the Assistant Superintendent within ten (10) workdays after the grievant knew or should have known of this Agreementthe act or condition upon which the complaint is based. Failure to reach a mutually satisfactory resolution may be cause for the grievant to refer the grievance to step 2.
b. Step 2 – Assistant Superintendent level (formal written) An employee or the union, wishing to process a grievance at step 2 will do so in writing to the Assistant Superintendent within ten (10) working days from the conclusion of the discussions at step 1 or within ten (10) work days after the grievant knew or should have known of the act or condition upon which the complaint has been based (if it has been mutually agreed that the grievance shall be initiated at Step 2). The grievance shall be specific in nature and shall state the remedy requested. The Assistant Superintendent shall establish a formal conference on the matter and whenever a grievance is defined as filed by an employee without the union the Assistant Superintendent shall notify the union and shall give the union the opportunity to be present and to state the views of the union. The aggrieved employee and the union shall be given at least two (2) working days notice of said conference. The Assistant Superintendent shall respond in writing ten (10) workdays from the date the formal grievance is filed. The Assistant Superintendent’s decision shall be presented in writing to both the employee and the union.
c. Step 3 – Superintendent level If a difference arising between settlement is not reached at step 2 the parties relating employee or the union may present the grievance to the interpretation, application, administration or alleged violation Superintendent of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction Schools within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar working days following after the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designatehas been rendered at step 2. The grievance must be submitted in writing stating the specific nature of the grievance, grievance and the remedy sought, requested and shall include a copy of the step 2 decision. The Superintendent may schedule a meeting at a mutually convenient time to discuss the grievance with the employee and the section or sections of union. Both parties reserve the Agreement which are alleged right to have been violated shall be set out include consultants in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of any such meeting. Failing settlementThe Superintendent shall respond in writing together with supporting reasons to the employee and the union, either party may submit the matter to arbitration within ten (10) calendar working days after from the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, date the grievance shall be deemed to have been abandonedis filed at step 3.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is defined as a difference arising between an allegation that the parties relating to the interpretation, application, administration or alleged violation terms of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall Agreement have been violated. Grievances must be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction filed within five (5) calendar daysworking days of the occurrence. Bargaining Unit members have the right to file grievances without fear of reprisal.
A. Step One (First Step)
1. If the subject to be considered for adjustment or correction concerns only Bargaining Unit member(s) within the jurisdiction of one supervisor, it shall be discussed by the supervisor and the Bargaining Unit member(s) in an effort to settle the question. After considering the facts, the employee may proceed with supervisor shall give a verbal answer to the question or complaint within two (2) working days. If, however, the verbal answer to the complaint does not satisfactorily resolve the subject, the grievance procedure within fourteen proceeds to Step One -B. Step One B.
1. Details of Step One - An oral proceeding will be immediately reduced to a record as provided by the employee complaint form. One (141) calendar days following the decision copy of the immediate Supervisor. Any employee is entitled, upon request, completed form signed by both parties will be given to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall Bargaining Unit member involved and the Union and one (1) copy will be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated retained by the employee, to The Manager of Labour Relations or designatesupervisor. The nature complaint may then be reduced to writing by the Bargaining Unit member and appealed to the Second Step of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following working days.
2. Bargaining Unit members are entitled to representation by the decision, Union at any Step of the grievance procedure.
3. Grievances from Bargaining Unit members with more than one supervisor or grievances involving several Bargaining Unit members will automatically be heard by the Department Head or his designated representative in Step Two of the Grievance Procedure.
B. Step Two (Second Step)
1. The Bargaining Unit member or Bargaining Unit members must be re-submitted to file the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee grievance in writing that resulted from Step One within five (5) calendar working days of receipt of with the grievance. Either party may have assistance from outside Director and the Hospital at this stage if desired. The Manager, Labour Relations (or designateDirector will set a hearing to be held with the Bargaining Unit member(s) shall give written disposition within five (5) calendar days of working days. The Director will give an answer in writing to the day of such meeting. Failing settlement, either party may submit the matter to arbitration Bargaining Unit member(s) within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.five
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, the Agreement including any question as to whether a matter is arbitrable.
7.02 8.02 An employee who is to be disciplined, suspended, discharged or where a serious allegation has been raised, has the right to have a Union Representative present. The Employer shall notify the employee of this right at the time of the booking of the meeting in cases of discipline, suspension or discharge. If the employee is to be disciplined, suspended or discharged, a copy of the letter shall be forwarded to the Union. The Employer agrees to provide written reasons within seven (7) days to the affected employee and the Union in the case of a discharge or suspension.
8.03 It is the mutual desire intent 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 they have first given their immediate Supervisor supervisor the opportunity of adjusting their the complaint. If an employee has a complaint, such Such complaint shall be discussed with their immediate Supervisor supervisor within ten (10) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. This discussion may include consultation, advice and assistance from others. If there is no settlement within ten (10) calendar days, it shall then be taken up as a grievance within ten (10) calendar days in the following manner and sequence: The employee may submit a written grievance, through the Union, signed by the employee, to their manager or designate. The grievance shall be on a form referred to in Article 8.10 and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The manager or designate will deliver their decision in writing within ten (10) calendar days following the day on which the grievance was presented to them. Failing settlement, then: Within ten (10) calendar days following the decision under Step No. 1, the grievance may be submitted in writing to the Director and Counsel, Employee and Labour Relations or designate. A meeting will then be held between the Director and Counsel, Employee and Labour Relations or designate and the Grievance Committee within ten (10) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Ontario Nurses’ Association and the grievor may be present at the meeting. It is further understood that the Director and Counsel, Employee and Labour Relations or designate may have such counsel and assistance as they may desire at such meeting. The decision of the Employer shall be delivered in writing to the Labour Relations Officer and the local Union Representative within ten (10) calendar days following the date of such meeting.
8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Bargaining Unit President or designate.
8.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to the manager or designate within fourteen (14) calendar days after the circumstances giving rise to the complaint grievance have originated occurred or occurred. If ought reasonably to have come to the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision attention of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designateemployee(s). The nature of the grievance, the remedy sought, grievance shall then be treated as being initiated at Step No. 1 and the section or sections applicable provisions of the Agreement which are alleged to have been violated this Article shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted then apply with respect to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day processing of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedgrievance.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a grievance is defined as a 11.1 Should any difference arising arise between the parties relating Employer and an employee or employees as to the interpretation, application, administration or alleged violation of the provisions of this Agreement, including any question as they shall be taken up in the following manner:
(a) An employee having a grievance, or one designated member of a group having a grievance, shall first take the grievance up with the immediate supervisor, who will attempt to whether adjust it. An employee may request the immediate supervisor to call the Association representative to handle a matter is arbitrable.
7.02 It is specified grievance with the mutual desire immediate supervisor and the immediate supervisor will send for the Association representative without undue delay for further discussion 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 they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurredgrievance. If the grievance is not adjusted by the immediate Supervisor supervisor, it shall be reduced to writing and signed by the employee involved, and two (2) copies shall be given to the immediate supervisor. The immediate supervisor shall give her reply in writing to the employee and the Association representative not later than five (5) working days following the receipt by the immediate supervisor of the written grievance.
(b) If a settlement satisfactory to the employee is unable to adjust a complaint to their mutual satisfaction not reached in Step 1, an appeal may be taken by the employee within five (5) calendar daysworking days thereafter to the appropriate Manager, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitledHuman Resources, upon request, to have who shall render a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing to the employee and to the Association representative not later than five (5) calendar working days after receipt following the presentation of the written grievance in writing. Failing settlementto the said Manager, Human Resources.
(c) If the written decision of the Manager, Human Resources is not satisfactory to the employee, the next step of Association may refer the written grievance procedure may be taken. In to the event that the response in Step 1 is not satisfactory, Chief Executive Officer within five (5) calendar working days following the decision, receipt of the grievance must be re-submitted reply to the Manager, Labour Relations (Human Resources. The employee, or designate) to be discussed at the Association Committee with her consent, or the Chief Executive Officer, may request a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee which shall be held within five (5) calendar working days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desiredafter such request. The Manager, Labour Relations (or designate) Chief Executive Officer shall give written disposition within render his decision in writing to the employee and the Association Committee not later than five (5) calendar working days following the presentation to him of the day written grievance. It is understood that the Employer may designate individuals other than those listed above to respond at various stages of the grievance procedure.
11.2 Either the Employer or the Association may require that the employee, or a member of the group of employees involved in the grievance being appealed, shall be present at such meeting.
11.3 All grievance forms shall contain only one (1) grievance. Failing settlementA written grievance shall contain a clear and concise statement concerning the complaint, either party may submit including the matter to arbitration within ten (10) calendar days after specific provision of the reply in Step 2 Collective Agreement that is given. If no written request for arbitration is received within such ten (10) calendar day periodallegedly violated, the persons involved, the date on which the alleged grievance occurred and the relief sought, if practicable. A grievance shall be deemed returned to the employee if it fails to comply with these requirements and an employee shall have been abandonedan additional seven (7) days to refile the grievance, in conformity with this Section.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 1. Any employee who feels that employee has not been accorded proper consideration or treatment in respect to any matter affecting his/her employment shall proceed in the following manner:
a) He shall first discuss his/her complaint with his/her Operations Manager with or without a representative of this Agreementthe Local Worker’s Committee being present, as employee may elect, in an attempt to reach a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrablesatisfactory settlement.
7.02 It is b) All grievances not settled by mutual agreement must be submitted in writing on appropriate form and filed with the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as Operations Manager within fifteen (15) days, if possible, and it is understood that an employee has but in no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen event later than thirty (1430) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in occurrence causing the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the Any grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance so filed shall be deemed to have been abandonedwaived and shall not be entitled to consideration. The Operations Manager shall answer the grievance within ten (10) days, exclusive of Saturdays, Sundays and Holidays, from the date of presentation in written form. The grievance form shall be dated and signed by the employee and three copies given to the Operations Manager who will insert his/her decision, sign and date the form, returning two (2) copies to the employee.
c) If the employee fails to secure a satisfactory adjustment of his/her grievance, employee may submit his/her grievance to the Chairman of the General Workmen’s Committee. If the General Workmen’s Committee so elects, it shall be appealed to the Senior Director Field Operations, within ten (10) days, exclusive of Saturdays, Sundays and Holidays after return from the Operations Manager of the grievance form with the Operations Manager’s decision noted thereon. Grievances thus appealed shall be discussed at a mutually convenient time and place between the employee, the General Workmen’s Committee, and the Senior Director Field Operations. The discussion and disposition of the grievance shall occur not more than ten (10) days, exclusive of Saturdays, Sundays, and Holidays, subsequent to the date that the Senior Director Field Operations, was presented with the grievance form (duplicate) representing an appeal from the Operations Manager’s decision. Either party may elect to request a conference between the Chairman of the Local Workmen’s Committee, the Chairman of the General Workmen’s Committee, the Senior Director Field Operations, or their representatives, to discuss the grievance. Minutes of this conference shall be kept and signed jointly by the Chairman of the General Workmen’s Committee and the Senior Director Field Operations, or his/her representative. Copies of these minutes shall be attached to the Senior Director Field Operations’s, and the Chairman of the General Workmen’s Committee’s grievance form within ten (10) days following the date the conference was held. The Senior Director Field Operations’s decision and the date thereof shall be recorded on all copies of the grievance form and one copy thereof returned to the General Workmen’s Committee.
Appears in 3 contracts
Samples: Working Agreement, Working Agreement, Working Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 8.01 The purpose of this Agreementarticle is to establish a procedure for the prompt handling of grievances. A nurse representative may assist the grievor at any stage of the grievance procedure if so requested. Prior to formal discipline or discharge, the Employer shall notify the nurse, in advance, of her entitlement to union representation.
8.02 A nurse who has a grievance is defined as a difference arising between the parties complaint relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire Agreement shall discuss her complaint with the Nursing Director 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 they have first given their immediate Supervisor the opportunity of adjusting their complaintunit. If an employee has a complaint, such Such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise brought to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision attention of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature Nursing Director of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration unit within ten (10) calendar days after of the nurse becoming aware of the circumstances giving rise to the complaint. The Nursing Director of the unit shall state her decision orally within seven (7) calendar days of receiving the complaint. Should the nurse be dissatisfied with the Nursing Director of the unit's disposition of the complaint, such nurse may within seven (7) working days of the reply to the complaint by the Nursing Director of the unit, refer such matter in Step 2 is givenwriting to the Director of Resident Services who shall answer the grievance in writing within five (5) working days. If no written request for arbitration settlement is received within such ten (10) calendar day periodreached at Step #1, the grievance may be referred in writing to the Chief Executive Officer or designate. The parties shall meet to discuss the grievance within seven (7) working days of the Director of Resident Services’ reply or at a time mutually agreed upon. The Association representative may be in attendance at this meeting at the request of either party. The Chief Executive Officer or designate shall reply in writing within five (5) working days, with a copy to the Association representative. If the grievance is not settled it may be referred to arbitration as hereinafter provided.
(a) The Association or the Employer may initiate a grievance beginning at Step #2 of the Grievance Procedure. Such grievance shall be deemed to have been abandoned.filed within ten
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 28.01 It is the mutual desire of the parties hereto Employer and the Union to ensure that complaints and grievances of employees shall be are adjusted as quickly as possible, and it .
28.02 It is generally understood that an employee has no grievance until they have having a complaint shall first given their immediate Supervisor give the supervisor an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied with their complaint. If an employee has xxxxxxx when taking up a complaintcomplaint with the supervisor.
28.03 Any written dispute regarding the application, such complaint administration, interpretation or alleged violation of this Agreement shall be discussed considered a grievance. The grievance shall specify the article(s) of the Agreement of which a violation is alleged, contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with their immediate Supervisor in the following manner. The grievance must be submitted in writing within fourteen (14) calendar days after of the circumstances incident giving rise to the complaint have originated or occurred. If from the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision employee’s knowledge of the immediate Supervisor. Any employee is entitled, upon request, occurrence giving rise to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision supervisor shall give an answer, in writing writing, to the xxxxxxx no later than five (5) calendar days after the grievance is first submitted. If the supervisor fails to give an answer to the grievance within the time limit set forth in Step One, or if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance to the next step, Step Two. A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of Human Resources or their delegate and the Union Executive Committee, within seven (7) calendar days of the receipt of the grievance at Step Two. The Employer shall deliver its decision in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, writing within five (5) calendar days following the decisionStep Two meeting. If management fails to give an answer to the grievance within the time limit set forth in Step Two, or if the answer is unsatisfactory, the Union Executive Committee may refer the grievance must be re-submitted to the Manager, Labour Relations Director of Operations and the National Union Representative within fourteen (or designate14) to be discussed at calendar days who shall schedule a meeting to take place between the Manager, Labour Relations (or designate), the said Committee person, the grievor(sDirector of Operations and/or other designated management representative(s) and the National Union Grievance Representative and the Union Executive Committee within five twenty-one (521) calendar days. The Director of Operations shall deliver their decision, in writing, within seven (7) calendar days of receipt following the Step Three meeting.
28.04 The Union or the Employer may initiate a policy grievance at Step Two of the grievancegrievance procedure. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations Such grievance shall be filed within fourteen (or designate) shall give written disposition within five (514) calendar days of the day incident giving rise to the complaint or from the knowledge of such meeting. Failing settlementthe occurrence giving rise to the grievance.
28.05 The Union Executive Committee on behalf of an employee who is discharged or suspended for more than three (3) working days may file a grievance at Step Two of the grievance procedure within seven (7) calendar days of the discharge or suspension.
28.06 If a grievance is not settled at Step Three, either party may submit process the matter grievance to arbitration within ten (10) calendar days after in accordance with Article 29.
28.07 In the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day periodcase of discipline or termination of employment of a student and where the student grieves, the grievance Employer shall be deemed required to have been abandonedshow that it acted reasonably in disciplining or terminating the employment of the student.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes The purpose of this Agreementprocedure is to assure prompt, fair and equitable resolution of disputes concerning the implementation and the administration of this agreement by providing a procedure set forth in this Article for adjusting and settling grievances. Notwithstanding this procedure, the parties agree to encourage open communications between House Staff Officers and the Medical Center so that resort to this procedure will not normally be necessary.
1. A grievance is shall be defined as a difference arising between dispute regarding the parties relating interpretation or application of the terms of this written Agreement, other than for adverse actions, and the regular and recurrent assignment of House Staff Officers to duties not appropriate for House Staff Officers. Adverse actions shall be appealed pursuant to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire procedures set forth in Article 17 (Adverse Action). Any violations 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 they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise adverse action procedure set forth in Article 17 are subject to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate SupervisorArticle 16 Grievance Procedure). Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of Grievances may be brought by an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, individual House Staff Officer with the assistance of a CAW Committeepersonthe CIR/SEIU, if desiredand shall be undertaken as follows:
(a) First Step: The House Staff Officer and CIR/SEIU shall present the grievance in writing with the Program Director or Administrator, or his/her designated representative, who took or failed to take the action which gave rise to the grievance. Grievances must submit a written grievance signed and dated by be presented within ten (10) business days after the employee, to The Manager of Labour Relations or designate. The nature House Staff Officer knew of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged violation leading to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision Program Director or Administrator, designee, shall give his/her answer in writing five to the House Staff Officer and the CIR within seven (57) calendar business days thereafter.
(b) Second Step: If no satisfactory settlement is reached at the First Step, the House Staff Officer may present the grievance in writing to the Vice President- Human Resources or his/her designated representative within seven (7) business days after House Staff Officer receives the First Step answer from the Program Director or designee. The Vice President for Human Resources or his/her representative will meet with the House Staff Officer and a representative of the CIR/SEIU within ten (10) business days after receipt of the written grievance and shall give his/her answer in writing. Failing settlementwriting to the written grievance within seven (7) business days after he/she meets with the House Staff Officer and CIR representative.
(c) Third Step: If any grievance is not satisfactorily resolved in the foregoing procedure, the next step of the grievance procedure CIR/SEIU may be taken. In the event that the response in Step 1 is not satisfactory, within five thirty (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (1030) calendar days after it receives the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day periodVice President of Human Resources, or his/her representative’s answer at the Second Step, the grievance CIR/SEIU may file a notice of arbitration with the American Arbitration Association, under its Voluntary Labor Arbitration Rules and Procedure, with a copy to the Vice President of Human Resources.
2. The award of the arbitrator shall be final and binding upon the Medical Center, the CIR/SEIU, and the House Staff Officers. The arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined above, and shall have no power to add to, subtract from or modify in any way any of the terms of the Agreement. The fees and the expenses of the American Arbitration Association and the arbitrator shall be borne equally by the parties.
3. Failure by the Medical Center to respond within the time limits prescribed shall be deemed to have been abandoneda denial of the grievance.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 1. Employees who are beyond the probationary period may use the grievance procedure. Physicians are probationary during their first 90 days of this Agreement, a employment. A grievance is defined as a difference arising between the parties claimed violation of any provision of this Agreement or of any Rutgers policy relating to the interpretationmandatorily negotiable wages, applicationhours or terms and conditions of employment, administration or alleged an allegation that with respect to an administrative decision which affects mandatorily negotiable terms and conditions of employment, there has been a misinterpretation, misapplication or violation of this Agreementsuch administrative decision which has affected mandatorily negotiable terms and conditions of employment. Any decision not to reappoint a physician to the medical staff will be subject to the grievance procedure except for non-reappointment at the end of the initial appointment. Employees should in the first instance discuss grievances informally with the person who precipitated the grievance. If there is no resolution at the informal stage, including any question the procedure will be as to whether a matter is arbitrablefollows.
7.02 It is the mutual desire of the parties hereto that complaints of employees Step 1 The grievance shall be adjusted as quickly as possiblepresented in writing to the person who took the action, and it is understood that an employee has no grievance until they have first given their normally the immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaintsupervisor, such complaint shall be discussed with their immediate Supervisor within fourteen ten (1410) calendar working days after the circumstances occurrence of the event giving rise to the complaint grievance. The grievance shall specify the alleged violation being grieved. Within two (2) working days after the grievance is submitted, the supervisor will arrange for a meeting. The employee may have originated or occurredrepresentation at the meeting, if he/she desires, by a negotiations unit member employed by the University. If This first level of supervision shall give his/her answer to the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction employee in writing within five (5) calendar daysworking days after the meeting.
Step 2 If the grievance is not resolved at Step 1, the employee may proceed with may, within three (3) working days of the written answer, forward the grievance procedure within fourteen (14) calendar days following to the decision second level of authority with a copy to the immediate Supervisorfirst level of authority and to the Office of Labor Relations. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing Within five (5) calendar working days after of receipt of the grievance in writingwritten grievance, this second level of authority shall arrange for a meeting. Failing settlementThe employee may have representation at the meeting, if he/she desires, by a negotiations unit member employed by the next step University. This second level of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, authority shall send his/her written answer within five (5) calendar working days following after the decisionmeeting to the employee, to the representative, if present, and to the Office of Labor Relations. If the Union is not satisfied with the Step 2 answer, the Union may request a Step 3 hearing by the Office of Labor Relations by forwarding the grievance must be re-submitted to the Manager, Labour Office of Labor Relations within three (or designate3) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar working days of receipt of the grievanceStep 2 answer. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within Within five (5) calendar days working days, the Office of Labor Relations shall arrange for a meeting. The employee may be accompanied at the meeting by a representative of the day Union who is not an employee of such meetingRutgers. Failing settlement, either party may submit the matter to arbitration within ten Within five (105) calendar working days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day periodmeeting, the grievance Office of Labor Relations shall be deemed send a written answer to have been abandonedthe employee and to any representative present at the meeting.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 8.01 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible. The parties agree, at the earliest stage of the grievance procedure, either party upon request is entitled to receive from the other, full disclosure. Employees have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the Hospital deems it necessary to suspend, discipline or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge.
8.02 For purposes the purpose of this Agreement, a grievance is defined as a difference arising between a member of the parties bargaining unit and the Hospital relating to the interpretation, applicationapplications, administration or administration, alleged violation of this Agreement, including any question as to the Agreement or whether a matter is arbitrable.
7.02 8.03 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have she has first given their immediate her Supervisor the opportunity of adjusting their her complaint. If an employee has a complaint, such Such complaint shall be discussed with their immediate her Supervisor within fourteen (14) calendar days after from the circumstances event giving rise to the complaint grievance, or from when the employee should have originated or occurred. If reasonably become aware of the immediate Supervisor is unable event giving rise to adjust a complaint to their mutual satisfaction the grievance and, failing settlement within five seven (57) calendar days, it shall then be taken up as a grievance within the employee may proceed with the grievance procedure within fourteen seven (147) calendar days following her Supervisor’s decision in the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted following manner and settled as followssequence: The employee, with employee must submit the assistance of a CAW Committeepersongrievance in writing signed by her to her Supervisor and may be accompanied, if desiredshe so desires, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designateher Union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and the section or sections provisions of the Agreement which are alleged to have been violated shall be set out in the grievanceviolated. The Manager of Labour Relations Department supervisor will deliver their her decision in writing five within seven (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (57) calendar days following the decisionday on which the grievance was presented to her. Failing settlement, then: Within seven (7) calendar days following the decision in the immediately preceding step, the grievance must may be re-submitted in writing to the Manager, Labour Relations (Chief Human Resources Officer or designate) to designate of the Hospital. A meeting will then be discussed at a meeting held between the Manager, Labour Relations (Director of Chief Human Resources Officer or designate), the said Committee person, the grievor(s) designate and Unit Manager and the grievor, xxxxxxx and Union Grievance Committee staff representative within five seven (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (57) calendar days of the day submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is further understood that either party may have such reasonable assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within seven (7) calendar days following the date of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes The following steps shall be followed in the processing of this Agreement, a grievances:
Step 1: A grievance is defined as a difference arising between the parties relating must be submitted in writing to the interpretationLecturer’s designated Supervisor (or designee) and the Department Chair, applicationDeputy Xxxx, administration or alleged violation Master, as the case may be and if different from the Supervisor, within thirty (30) calendar days of this Agreement, including any question as when the aggrieved Lecturer knew or reasonably could have been expected to whether a matter is arbitrable.
7.02 It is the mutual desire know of the parties hereto that complaints of employees circumstances giving rise to the grievance. The grievance shall be adjusted as quickly as possibledated and signed by the Lecturer or the Union representative and comply with the requirements set forth above in Section 2.A. Within twenty (20) calendar days of submission of the written grievance, the Supervisor (or designee) shall meet at a mutually convenient time and it is understood that place with the Lecturer and the Union representative(s), if any, in an employee has no attempt to resolve the grievance. The grievance until they have first given their immediate Supervisor answer will be sent to the opportunity of adjusting their complaint. If an employee has a complaintparties, such complaint shall be discussed with their immediate Supervisor in writing, within fourteen (14) calendar days after of the circumstances giving rise meeting.
Step 2: Grievances not resolved at Step 1 may be appealed in writing by the Union or the Lecturer to the complaint have originated Xxxx of the Lecturer’s designated academic unit, including but not limited to School/Division or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five College, fourteen (514) calendar daysdays following issuance of the Step 1 answer, the employee may proceed with the grievance procedure or within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with deadline for the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW CommitteepersonStep 1 response, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designatenot received. The nature appeal will set forth in writing the factual or other reason(s) for the appeal. The Xxxx or their designee shall conduct a meeting within twenty-one (21) calendar days of receiving the grievance, the remedy soughtappeal, and at a mutually convenient place and time on a business day, for the section or sections purpose of the Agreement which are alleged attempting to have been violated shall be set out in resolve the grievance. The Manager of Labour Relations will deliver their decision in writing five Xxxx (5or designee) shall send a written answer to the parties within twenty-one (21) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure following this meeting.
Step 3: Grievances not resolved at Step 2 may be taken. In appealed in writing by the event that Union or the response in Step 1 is not satisfactory, Lecturer to the Xxxxxxx or their designee within five twenty-one (521) calendar days following the decision, issuance of the grievance must be reStep 2 answer. The appeal shall set forth in writing the factual or other reason(s) for the appeal. Within twenty-submitted to the Manager, Labour Relations one (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (521) calendar days of receipt receiving an appeal, the Xxxxxxx or their designee(s) shall hold a meeting at a mutually convenient place and time on a business day for discussion of the grievance. Either party may have assistance from outside The Xxxxxxx, or their designee, shall send a written answer to the Hospital at this stage if desired. The Manager, Labour Relations parties within twenty-one (or designate) shall give written disposition within five (521) calendar days of the day of such following this meeting. Failing settlementAny grievance filed by the Union on behalf of two or more Lecturers, either party or involving the dismissal of a Lecturer or a grievance against a Xxxx, may submit be initiated at Step 3.
Step 4: A grievance not resolved at Step 3 may be referred in writing by the matter Union for arbitration, provided that the Xxxxxxx receives written notice of intent to arbitration arbitrate within ten thirty (1030) calendar days after following the reply in issuance of the Step 2 is given3 answer. Such notice shall identify the grievance and the issue(s) and set forth the provisions of the Agreement involved and the remedy desired.
A. Following the written notice to the Xxxxxxx, the University and the Union shall attempt to select an arbitrator. If no an arbitrator is not selected within fourteen (14) days following receipt of the written request for arbitration is received within such ten (10) calendar day periodnotice, the grievance parties shall request that the Federal Mediation and Conciliation Service (FMCS) furnish each party with an identical panel of seven (7) arbitrators who are members of the National Academy of Arbitrators, none of whom are employed by the University or the Union. Either party, before striking any names, will have the right to reject one (1) panel of arbitrators. If none of the arbitrators on the list are mutually agreeable, the arbitrator shall be deemed selected from the list by alternately striking names, with the parties alternating which strikes first. The Union will be the first party to make the first strike.
B. The arbitrator will be notified of his/her selection by a joint letter from the University and the Union requesting that they set a time and place for the hearing, subject to availability of the University and Union representatives.
C. Not more than one (1) grievance may be submitted to or be under review by any one arbitrator at any one time unless the parties agree otherwise.
D. In grievances involving the corrective action/discipline or dismissal of a Lecturer, the arbitrator shall, in no case, have been abandonedthe authority to grant a remedy that includes an appointment or re-appointment of any duration and any financial remedies may not exceed the amount of compensation for the term of appointment the Lecturer held at the time the grievance was filed.
E. The decision of the arbitrator on any grievance submitted under this article shall be final and binding on all the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is shall be defined as a any difference arising between the parties relating to out of the interpretation, application, administration administration, or alleged violation of this the Collective Agreement, including any question as to whether a matter is arbitrable.
7.02 It is (A) In order to provide an orderly procedure for the mutual desire settling of grievances, the Employer acknowledges the right of the parties hereto that complaints Union to appoint, or otherwise select a Grievance Committee of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysmembers, who shall process any grievance in their department in accordance with the Grievance Procedure.
(B) The Employer shall recognize the Shop Stewards selected by the Union. Shop Stewards shall investigate and attempt to settle disputes before reaching the Grievance Committee.
(C) The Union shall notify the Employer in writing of the name of each Grievance Committee member and Shop Xxxxxxx before the Employer shall be required to recognize him.
(D) In order that the work of the Employer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards.
(E) Should a dispute arise between the Employer and any employee(s) or the Union an xxxxxxx effort shall be made to settle the dispute fairly and promptly in the following manner:
Step 1: Within fifteen (15) working days from the date the employee became aware of the alleged violation of the Collective Agreement, the employee may proceed shall discuss the matter with his/her immediate supervisor with a view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintprocedure.
7.03 A Step 2: If the Shop Xxxxxxx and/or the grievance of an employee properly arising under this Agreement shall committee consider the grievance to be adjusted and settled as follows: The employeejustified, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed form will be submitted and dated by the grievor along with the Xxxxxxx will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a copy to The Manager the Director of Labour Relations or designate. The nature Human Resources within ten (10) working days.
Step 3: If the grievance is not resolved within ten (10) working days of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged meeting referred to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision2, the grievance must may be re-submitted presented in written form to the Manager, Labour Relations Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with his Union representative in an attempt to resolve the dispute.
Step 4: If the grievance is not resolved within ten (or designate10) working days of the meeting referred to be discussed at a meeting between the Manager, Labour Relations (or designate)in Step 3, the said Committee person, the grievor(sUnion may within ten (10) and the Union Grievance Committee within five (5) calendar working days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Managerwritten decision under Step 3, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit refer the matter to arbitration the Step 4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at no cost to the Board.
Step 5: Failing agreement being reached at Step 4, the Union may refer the dispute to Arbitration as per Article 14. The Union shall receive replies at each step within ten (10) calendar working days after and will proceed to the reply in Step 2 is given. If no written request for arbitration is received succeeding step within such ten (10) calendar day periodworking days if applicable unless mutually agreed to otherwise.
(F) The grievant shall have the right to be present at any step of the aforementioned procedure.
(G) Where a dispute involves a question of general application of interpretation or where a dispute involves five (5) or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed.
(H) Replies to written grievances shall be in writing at all stages.
(I) Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed.
(J) The Employer shall supply the necessary facilities for the grievance meetings.
(K) Employees together with their Shop Stewards shall have access to all information in their personnel file.
(L) If the grievant, Union or Management fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall request an extension of the time limits in writing. Such requests shall not be deemed to have been abandonedunreasonably denied by the other party.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Step 1. A grievance must be presented in writing to the nurse’s immediate supervisor or designee, with a courtesy copy to the Manager of this AgreementLabor Relations, within twenty-one (21) calendar days from the date of occurrence. If a nurse presents a grievance hereunder, the grievance shall include, to the best of the nurse’s understanding, a description of the problem and the contract provisions thought to be violated. A grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees pay shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor timely if received by the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor Medical Center within fourteen twenty-one (1421) calendar days after the circumstances giving rise to pay day for the complaint have originated or period during which the grievance occurred. If In the immediate Supervisor is unable to adjust event of an issue concerning a complaint to their mutual satisfaction discharge, the issue must be presented within five seven (57) calendar days, the employee days following termination. The immediate supervisor’s or designee’s written reply is due within seven (7) calendar days of such presentation. A Step 1 meeting may proceed with the grievance procedure be held within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature filing of the grievance, in which case the remedy soughtimmediate supervisor's or designee's written reply is due within seven (7) calendar days after this meeting.
Step 2. If not resolved at Step 1, the issue may thereafter be presented in writing to the appropriate department/division head within ten (10) calendar days from receipt of the supervisor’s reply of the date such reply was due in Step 1. The department/division head shall then meet within fourteen (14) calendar days with the nurse and a representative of the Association, if the nurse so desires, to resolve the matter, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision reply in writing five within seven (57) calendar days after the meeting.
Step 3. If not resolved at Step 2, the grievance may thereafter be presented in writing to the Regional Vice President of Patient Care Services or his/her designee for consideration and determination within ten (10) calendar days after receipt of the grievance in writing. Failing settlement, department/division head’s response or if the next step of the grievance procedure may be taken. In the event that the department/division head’s response in Step 1 is not satisfactoryreceived within that period, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply expiration of time allotted in Step 2 is givenfor the department/division head’s response. If no written request for arbitration is received The Regional Vice President of Patient Care Services or designee shall meet within such fourteen (14) calendar days with the nurse and a representative of the Association to resolve the matter and shall reply in writing within ten (10) calendar day perioddays after the meeting.
Step 4. If the grievance is not resolved at Step 3, the grievance shall be deemed Association may thereafter present it to have been abandonedan impartial arbitrator for determination by giving the Medical Center written notice within twenty-one (21) calendar days after receipt of the Step 3 reply of the Association’s intent to refer the matter to arbitration.
Appears in 2 contracts
Samples: Professional Agreement, Professional Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Section 8.1 The Board and the Association support and subscribe to an orderly method of adjusting disputes or complaints that arise on behalf of an employee with respect to the interpretation or application of the terms of this Agreement. To this end, the employee shall bring the problem to the attention of the immediate supervisor who shall attempt to resolve the problem informally.
Section 8.2 A grievance is a dispute between an employee and the Administration regarding the meaning, interpretation or application of any provision of this Agreement. Grievances shall be filed by the aggrieved employee and processed in accordance with the following procedures:
(1) Within ten (10) weekdays after the aggrieved has become aware of the event that is the basis for the grievance, he/she shall discuss the matter with his/her supervising Administrator.
(2) If such discussion does not resolve the matter to the grievant’s satisfaction, he/she shall notify the Association President within ten (10) weekdays after the discussion. If desired by the grievant (or by the Association President if it is a grievance filed in accordance with Section 8.4), the Association President, upon such notification, shall notify the Administration that the joint bargaining team needs to convene to discuss the issue raised by the grievant. The joint team shall meet within ten (10) weekdays of that notification in an attempt to resolve the issue raised by the grievant.
(3) If such discussion does not resolve the matter to the grievant's satisfaction, or if the grievant chooses not to involve the joint bargaining team, he/she shall file a written grievance with the supervising Administrator within ten (10) weekdays after the discussion. The written grievance shall state the facts upon which it is based and reference all provisions of the Agreement which are involved. A copy of the written grievance shall be given to the Chairperson of the Association Grievance Committee. The supervising Administrator shall give a written reply within five (5) weekdays after receiving the grievance.
(4) If such reply does not resolve the matter to the grievant's satisfaction, he/she shall file a written statement of the reason why with the President of the College, or his/her designee within five (5) weekdays after receiving the reply. The President, or his/her designee, shall discuss the matter with the grievant, the Association President the Chairperson of the Association Grievance Committee and the administrator(s) within fifteen (15) weekdays. (If the President desires, a representative of the Board shall also be in attendance.) The President, or designated representative, shall give a written reply to the grievant within ten (10) weekdays after the discussion with a copy to the Chairperson of the Association Grievance Committee.
(5) If such reply does not resolve the matter, the Association Grievance Committee may refer the grievance to arbitration by giving written notice to the President within ten (10) weekdays after receiving the reply. Within five (5) weekdays of receipt of the notification to refer the matter to arbitration, the President of the College and the Association President shall confer to select a mutually agreed upon arbitrator. If the parties cannot agree upon an arbitrator, an arbitrator shall be selected from a panel of five (5) names submitted by the Michigan Employment Relations Commission in accordance with its procedures. The arbitrator is empowered to make a decision in cases of an alleged violation of specific Articles or Sections of this Agreement.
(1) The arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of this Agreement.
(2) The arbitrator shall be limited to deciding whether the Administration has violated specific Articles or Sections of this Agreement, a and shall not substitute his/her judgment for that of the Administration as to the reasonableness of any practice, policy or rule established by the Board.
(3) Should either party dispute the arbitrability of any grievance, the arbitrator shall first rule on the question of arbitrability. Should the arbitrator determine the grievance is defined as a difference arising between not arbitrable, it shall be referred back to the parties relating to the interpretation, application, administration without decision or alleged violation recommendation of this Agreement, including any question as to whether a matter is arbitrableits merits.
7.02 It is the mutual desire (4) The decision of the parties hereto that complaints of employees arbitrator shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor rendered within fourteen thirty (1430) calendar days after the circumstances giving rise conclusion of the hearing. There shall be no appeal from the arbitrator's decision if within the scope of authority as set forth above. It shall be final and binding on the Association, the members of the bargaining unit and the Board. Neither the Board nor the Association shall encourage, and both shall discourage, any of their members to make an appeal to any Court or other Board from a decision of an arbitrator and neither shall attempt by any other means to bring about the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five settlement of any grievance.
(5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision The fees and expenses of the immediate Supervisorarbitrator shall be shared equally by the Board and the Association. Any employee is entitledAll other expenses shall be borne by the party incurring them, upon request, to have a CAW Committeeperson present with them when meeting with and neither party shall be responsible for the immediate Supervisor to attempt to adjust their complaintexpense of witnesses called by the other.
7.03 A Section 8.4 If a grievance involves a dispute regarding the rights of an employee properly arising the Association under this Agreement shall be adjusted and settled as follows: The employee, with rather than the assistance rights of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decisionindividuals, the grievance must shall be re-submitted to filed in writing by the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt President of the grievance. Either party may have assistance from outside Association with the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days President of the day of such meeting. Failing settlement, either party may submit the matter to arbitration College at Step 3 above within ten (10) calendar days weekdays after becoming aware of the reply event which is the basis of the grievance.
Section 8.5 An employee may, at any time, elect to not have the Association involved in Step 2 the processing of his/her grievance. At any time, any individual employee may present a grievance to the Administration and have the grievance adjusted. This adjustment may occur without intervention of the Association Grievance Committee if the adjustment is given. If no written request for arbitration is received within not inconsistent with the terms of this Agreement provided that the Association Grievance Committee has been given an opportunity to be present at such ten (10) calendar day periodadjustment.
Section 8.6 Since grievances are best settled if initiated and processed promptly, the grievance shall foregoing time limits will be deemed adhered to have been abandonedunless an extension is mutually agreed upon in writing. "Weekdays" (including summer weekdays) means Monday through Friday excluding designated holidays.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of both employees and the employer shall be adjusted resolved as quickly as possible, and it will be resolved as outlined in the grievance procedure outlined below.
7.02 Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement shall be dealt with in the manner set out in this article. A probationary employee can grieve discharge only if the discharge was made in bad faith, arbitrarily or in a discriminatory manner.
7.03 In cases of disciplinary action taken against an employee, the employee and the xxxxxxx present will be given a copy of any written reprimand or notified in writing that disciplinary action is understood that an being taken. Copies shall be sent to the Unit Chairperson and Business Representative.
Step 1 The employee has no and a Union Xxxxxxx shall present the grievance until they have first given their in writing to the Department Manager and/or Supervisor involved within ten (10) working days of the receipt of the immediate Supervisor Supervisor’s reply to the opportunity of adjusting their employee’s complaint. If an The employee has a complaint, such complaint shall be discussed with their immediate indicate the nature of the grievance and the remedy sought. The Department Manager and/or Supervisor involved shall reply in writing within fourteen five (145) calendar working days after having received the grievance.
Step 2 If the reply of the Department Manager is not satisfactory to the employee concerned, the employee accompanied by the Union grievance committee shall submit a written grievance to the Director of Human Resources or designate within five (5) working days of receiving the reply of the Department Manager. The written grievance shall state the nature of the grievance, the article(s) of the Collective Agreement which were violated and the circumstances giving rise to the complaint have originated grievance. The Director of Human Resources or occurred. If designate shall meet with the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction employee and grievance committee within five (5) calendar daysworking days of receipt of grievance. After the meeting has been held at this stage of the grievance procedure, the employee Director of Human Resources or designate will issue a written disposition of the matter within five (5) working days.
Step 3 Failing settlement at Step 2, the Union may proceed with within twenty (20) working days of the issuance of the disposition at Step 2 notify the other party of its intention to submit the grievance to arbitration.
7.05 Notwithstanding the above, the Union and the Corporation may reach settlement to a grievance through the services of a Grievance Settlement Officer or other mutually agreeable third party facilitator. The parties shall jointly bear the expenses of the Grievance Settlement Officer or other agreed to third party facilitator.
7.06 The time limits outlined in the grievance procedure within fourteen (14) calendar days following may be extended by mutual agreement between the decision Corporation and the Union.
7.07 The Grievance Committee shall consist of the immediate Supervisorgrievor, the Xxxxxxx referred to in Step 1, the Unit Chairperson and the Area Business Representative. Any employee is entitled, upon request, to have a CAW Committeeperson present with them The Union may appoint designates when meeting with the immediate Supervisor to attempt to adjust their complaintnecessary.
7.03 A 7.08 In the event of a group grievance, a policy grievance or a grievance respecting the discharge or suspension of an employee properly arising under this Agreement a regular employee, the grievance shall be adjusted and settled as follows: The employee, with submitted in writing indicating the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, article(s) of the Collective Agreement which were violated and the section or sections of the Agreement which are alleged circumstances giving rise to have been violated shall be set out in the grievance. The Manager of Labour Relations grievance will deliver their decision in writing five (5) calendar days after receipt be processed commencing at Step 2 of the grievance in writingprocedure. Failing settlementThis clause shall not be used for the purpose of abridging the right of the employee to process grievances, nor shall it be used for the next step purpose of submitting matters to be handled through the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedby employees.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Grievances will be processed as follows:
Step 1: Any employee who has a grievance shall submit the grievance in writing to the employee’s Battalion Chief or designee, with or without a Union representative. The grievance shall contain a full statement of all relevant facts, the provision or provisions of this AgreementAgreement which are alleged to have been violated, and the relief requested. To be timely, the grievance must be presented no later than ten (10) calendar days after the first act, event or commencement of the condition which is the basis of the grievance or ten (10) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first act, event or commencement of the condition which is the basis of the grievance. The Battalion Chief or designee shall notify the Union that a grievance has been filed as soon as practicable. The Union will then have ten (10) calendar days from receipt of the notification to review the grievance with the grieving employee and to notify the Battalion Chief if the grievance should proceed forward in the process. The Battalion Chief or designee shall respond to the grievance in writing within ten (10) calendar days of receiving the Union’s notice to proceed or if no response is given.
Step 2: If the grievance is not settled at Step 1, the written grievance shall be presented by the employee, with or without a Union representative, to the Fire Chief, or the Chief’s designee, no later than ten (10) calendar days after the date the Battalion Chief or designee emails the response to the grievance and places such response in the employee’s department mail box. The Fire Chief, or the Chief’s designee, may meet with the employee and, if the employee so requests, a Union representative, in an effort to resolve the grievance within ten (10) calendar days after the Chief, or the Chief’s designee, receives the grievance. The Chief, or the Chief’s designee, shall reply to the grievance within ten (10) calendar days after the date of the meeting, or, if there is no meeting, within ten (10) calendar days after the written grievance was received by the Chief, or the Chief’s designee.
Step 3: If the grievance is defined as not settled in Step 2, the written grievance shall be presented by the employee, with or without a difference arising between the parties relating Union representative, to the interpretationCity Manager, applicationor the Manager’s designee, administration not later than ten (10) calendar days after the date the Fire Chief, or alleged violation of this Agreementthe Chief’s designee, including any question as emails the response to whether a matter is arbitrable.
7.02 It is the mutual desire grievance and places such response in the employee’s department mail box. The City Manager or the Manager’s designee shall make such investigation of the parties hereto that complaints of employees shall be adjusted facts and circumstances as quickly as possiblethe Manager, or the Manager’s designee, deems necessary, and it may meet with the employee and, if the employee so requests, a Union representative. The City Manager or the Manager’s designee will give a written answer to the grievance within ten (10) calendar days after the date of the meeting, or, if there is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaintmeeting, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with date the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated was received by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), ’s designee.
Step 4: If the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration grievance remains unresolved within ten (10) calendar days after the reply in Step 2 of the City Manager or the Manager is given. If no written request for arbitration is received within such ten (10) calendar day perioddue, the grievance shall be deemed Union, by written notice to have been abandonedthe Employer, may invoke arbitration. An electronic submittal and reply from a City email account is acceptable as the written submittal at any level of the process.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Section 5.01 A grievance is a complaint by an employee or group of employees for whom the Union is the bargaining agent, involving the interpretation or application of any of the provisions of this agreement, dismissal without proper cause, involuntary demotion, or a complaint that an employee has in any manner been unfairly treated by the Company; or that the health and safety of the employee or employees has been jeopardized. All grievances shall be resolved exclusively in the manner set forth in this Article and Article 6, Arbitration.
Section 5.02 Nothing contained in this Agreement shall deprive any individual employee of the right to discuss with the Company matters in his own interest. It is encouraged that the employee and/or his/her xxxxxxx discuss the issue with the employee’s supervisor in the spirit of trying to resolve the issue before resorting to the grievance procedure. However, if such matter presented by an employee involves a question of interpretation or application of this Agreement, which may establish a precedent, or a question involving a matter appropriate for collective bargaining, the Company shall immediately notify the Union, and the Union shall be present and participate in the discussions and dispositions of such matter.
Section 5.03 Once a grievance has been presented by the Union to the Company, representatives of the Company shall not discuss the grievance with the aggrieved employee or employees without affording the appropriate Union representative an opportunity to be present.
Section 5.04 When a grievance is defined as a difference arising between the parties relating presented to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysCompany in writing, the employee may proceed with supervisor having authority over the grievance procedure matter shall within fourteen ten (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (510) calendar days of the day date of such meetingpresentation hold a meeting for adjustment of the grievance with the appropriate Union representatives. Failing settlement, either party may submit The Company shall answer the matter to arbitration grievance in writing within ten (10) calendar days after the reply in Step 2 date of this meeting.
Section 5.05 If the grievance is given. If no written request for arbitration is received not satisfactorily adjusted under the provisions of Section 5.04, the Union may appeal the grievance to the Company representative within such ten twenty (1020) calendar day perioddays following issue of the written answer. Upon presentation of the grievance to this level, the Company shall within twenty (20) calendar days hold a meeting with the Union, by mutual agreement of the parties the meeting may be via conference call where applicable, for the adjustment of the grievance. Within twenty (20) calendar days after the adjustment meeting is held, the Company shall give its position on the matter in writing to the Union.
Section 5.06 If the grievance is not satisfactorily adjusted under the provisions of Section 5.05, the Union may appeal the grievance to arbitration within thirty (30) calendar days as outlined in Article 6.
Section 5.07 No complaint or grievance shall be deemed eligible for handling unless proceedings begin within twenty (20) calendar days after knowledge of the event out of which such grievance shall have arisen. The Company shall not attempt any disciplinary action against any employee for whom the Union is the bargaining agent after the expiration of thirty (30) calendar days from knowledge of the event. The time periods specified in this Article may be extended by mutual consent of the Union and the Company.
Section 5.08 An authorized Union representative not on leave from the Company shall give his immediate supervisor reasonable notice of his intended absence to have been abandonedinvestigate or process a grievance.
Section 5.09 In the event the Company contemplates the dismissal for just cause of any employee with over three (3) months of seniority, the Company shall notify the Local Union President, or designee, and review the facts prior to the actual dismissal. During the probationary period, new employees may be discharged or otherwise disciplined at the sole discretion of the Company and such lay off or discharge or other disciplinary action may not be made the basis of any claim or grievance against the Company either by the probationary employee or the Union.
Section 5.10 Employee/Union representatives not exceeding two (2) in number shall suffer no loss of regular pay for time required in meetings with the Company representatives when handling grievances.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Grievances shall be defined as alleged violations of this Agreementagreement or disputes regarding interpretations, application, or enforcement of this agreement or Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationary terminations and items subject to meet and confer. (Nothing in these definitions shall be construed to limit "permanent" employees from appealing decisions affecting their employment to the Town Personnel Board.) No act or activity which may be grievable may be considered for resolution unless a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed filed in accordance with the grievance procedure contained herein within fourteen thirty (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (530) calendar days of the day date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure:
Step 1 Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such meeting. Failing settlementdiscussion the employee does not believe the grievance has been satisfactorily resolved, either party he/she may submit the matter file a formal appeal in writing to arbitration his/her Department Director within ten (10) calendar days after receiving the reply in informal decision of his/her immediate supervisor.
Step 2 is given. If no The Department Director receiving the formal appeal shall render his/her written request for arbitration is received decision within such ten (10) calendar day perioddays after receiving the appeal. If after receipt of the written decision of the Department Director the employee is still dissatisfied, he/she may appeal the decision of the Department Director to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after receipt of the written decision of the Department Director. The Town Manager shall review the decision of the Department Director, and his/her decision, which shall be rendered within twenty (20) working days after the appeal is made, shall be final unless appealed to the Personnel Board by either the employee or the Department Director.
Step 3 The appealing party may file a written appeal of the decision, findings and conclusions of the Town Manager to the Personnel Board within ten (10) working days of the Town Manager’s decision. Within sixty (60) calendar days of the filing of the appeal, the grievance Personnel Board shall review the decision of the Town Manager and the appeal filed. The Personnel Board may ratify, modify or reverse the Town Manager’s decision. The decision of the Personnel Board shall be deemed final. The time limitations for filing and responding to have been abandoned.grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Department Director or Town Manager appeal levels. Employees may be represented by counsel, Union representative, Union xxxxxxx or other person at any stage in the grievance process
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 7.01 For purposes Section 1. The purpose of this procedure is to grant recognition to the mutual obligation of the Town and the Association to achieve amicable, expeditious solutions to the problems which may arise regarding the interpretation or application of the provisions of this Agreement, a . The purpose of the procedure is also to provide prompt adjustment of grievances by the Town and the Association. A grievance is defined as a difference arising any dispute or controversy between the parties relating as to the interpretation, application, administration or alleged violation application of the specific provisions of this Agreement. A grievance, including any question except as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees otherwise provided for herein, shall be adjusted as quickly as possible, and it is understood that an processed in accordance with the following procedure:
Step 1: The aggrieved employee has no shall first present his/her grievance until they have first given their immediate Supervisor in writing to the opportunity Chief of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor Police within fourteen seven (147) calendar days after of the circumstances occurrence or failure of occurrence giving rise to the complaint have originated or occurredgrievance. If The written grievance shall give a summary of the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction facts involved, the provision(s) of this Agreement allegedly violated and the relief desired. The Chief of Police shall advise the aggrieved employee of his decision concerning the grievance within five (5) calendar days, the employee may proceed with days after the grievance procedure within fourteen is presented.
Step 2: If at the end of the five (145) calendar days next following the decision presentation at Step 1 the grievance shall not have been disposed of to the employee’s satisfaction, the aggrieved employee or the Association may, within five (5) calendar days thereafter, submit the grievance in writing to the Town Administrator. The written grievance shall give a summary of the immediate Supervisor. Any employee is entitledfacts involved, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance provision(s) of an employee properly arising under this Agreement allegedly violated and the relief desired. The grievance submission shall be adjusted and settled also include a copy of the actual grievance document submitted at Step 1 as follows: The employee, with well as a copy of the assistance of a CAW Committeepersonresponse, if desiredany, must submit a written grievance signed and dated by the employee, to The Manager Chief of Labour Relations or designatePolice at Step 1. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing Within five (5) calendar days after receipt of the grievance in writing. Failing settlementwritten grievance, the next step Town Administrator shall meet the aggrieved employee and representative(s) of the grievance procedure may be takenAssociation in an effort to resolve the grievance. In the event that the response in Step 1 is not satisfactory, within Within five (5) calendar days following after the decisionconclusion of said meeting, the grievance must be re-submitted to Town Administrator shall advise the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) aggrieved employee and the Union Grievance Committee within five Association in writing of his decision concerning the grievance.
Step 3: If at the end of the fifteen (515) calendar days following the presentation at Step 2 the grievance shall not have been disposed of to the employee’s satisfaction, the aggrieved employee or the Association may, within fifteen (15) calendar days thereafter, submit the grievance in writing to the Board of Selectmen. Within fifteen (15) calendar days after receipt of the written grievance, the Board of Selectmen or its designated representative shall meet the aggrieved employee and a representative of the Association in an effort to settle the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The ManagerBoard of Selectmen or its designated representative shall, Labour Relations within fifteen (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (1015) calendar days after the reply conclusion of said meeting, advise the aggrieved employee and the Association in writing of their decision, as the case may be, with respect to the grievance.
Step 2 4: If the Association is given. If not satisfied with the disposition of the grievance at Step 3 or if no written request decision has been rendered within fifteen (15) calendar days after said meeting between the Board of Selectmen or its designated representative, the Association and the aggrieved employee, the Association may, by giving notice to the Board of Selectmen or its designated representative at Step 3, or within twenty (20) calendar days after said meeting with the Board of Selectmen or its designated representative if no decision has been rendered, present the grievance for arbitration in the manner indicated below: • If the parties are unable to select an arbitrator, they shall request the Massachusetts Department of Labor Relations to submit a list of arbitrators from which one arbitrator shall be selected. • The arbitration shall be in accordance with the rules of the Massachusetts Department of Labor Relations. • Expenses of arbitration shall be borne equally by both parties. • Any matter that is received within such ten (10) calendar day period, subject to the jurisdiction of any State commission or Retirement Board established by law shall not be a subject of grievance or arbitration hereunder. Failure at any step of this procedure to appeal the grievance to the next step within the specified time limits shall be deemed to have been abandonedbe acceptance of the decision rendered at that step. A grievance not initiated within the time specified at Step 1 shall be deemed waived. The failure of the Town (acting through its Police Chief or otherwise) to respond to any grievance, at any step, within the time required herein, shall be deemed to be a denial thereof.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes A Grievance shall be an alleged violation of the expressed terms of this Agreement, . The following matters shall not be the basis for any grievance filed under the procedure outlined in this Article: The termination of services or failure to re-employ any probationary employee(s). The Union shall designate a xxxxxxx and a grievance is defined committee not to exceed three (3) members of the Union. During the processing of a grievance through Level One (1) of the formal procedure hereinafter defined, the Union shall limit its members as parties to a difference arising between the parties relating grievance proceeding to the interpretation, application, administration grievant(s) and the xxxxxxx or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire other member of the parties hereto that complaints of employees grievance committee as requested by the grievant(s), and at Level Two (2) the Union representative shall be adjusted called into the Grievance Procedure. The Employer may at its discretion, appoint a representative for it in the Grievance Procedure so long as quickly as possiblethat appointee has the authority to make final settlement of the grievance at the step of the procedure where such appointee is exercising his/her appointed authority. For the purpose of the Article, days shall mean calendar days, exclusive of Saturdays, Sundays and it legal holidays. If the complainant is understood that an employee has no not satisfied with the answer received from the supervisor or if the supervisor fails to reply, he/she may request a meeting of the grievance until they have first given their immediate Supervisor committee within five (5) days from the opportunity date of adjusting their the answer or the deadline whichever occur first. The grievance committee shall meet within a period of five (5) days from the date of the request of the complainant. The grievance committee shall consider the complaint and the supervisor’s response or lack of response to the complainant and within five (5) days of the meeting, the complainant and the supervisor shall be advised of the committee’s decision with regard to the complaint. If an employee has the committee’s decision is to process the complaint as a complaintformal grievance the time limits for the formal grievance procedure shall begin on the date of the committee’s notification to the supervisor of its intent to process the complaint as a grievance as hereinafter provided. Within five (5) days of receiving the grievance, such complaint the Superintendent or his/her designated representative shall have contacted the grievant and the Union’s representative. The Union’s representative shall be discussed given a minimum of two (2) days’ notice of the date set for the meeting between the grievant, the grievance committee members, and the Superintendent or his/her designated representative. Within ten (10) days of the meeting with their immediate Supervisor the Superintendent, the Superintendent shall render his/her decision in writing to the grievant(s) and the Union representative, placing one (1) copy of the grievance and his/her response in a permanent file in the office of the Superintendent. • State Appointed Mediator • Grievant(s) • Representatives of the Employer • Representatives of the Union Note: Either party may include additional representatives who are witnesses to or actual parties to the occurrences, which gave, rise to the original complaint. Nothing herein contained shall require either party to agree to the recommendation of the mediator. Should a resolution for this specific grievance be arrived at, which is mutually acceptable to both parties, then such recommendation shall be final and binding on both parties as a corrective measure for the specific grievance or grievances which were the cause of the mediation meeting. Should a resolution of the grievance not be acceptable to the Union, the Union will notify the Superintendent of Schools of its intention to submit the grievance to the Board of Education. Such notification shall be made in writing within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature completion of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievancemediation meeting. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after Upon receipt of the notification it shall be the responsibility of the Superintendent to place the grievance in writing. Failing settlement, on the agenda of the next step regularly scheduled Board meeting, and to notify the Union of the grievance procedure may be taken. In the event date, time and place of that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Grievances shall be defined as alleged violations of this Agreementagreement or disputes regarding interpretations, application, or enforcement of this agreement or Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationary terminations and items subject to meet and confer. (Nothing in these definitions shall be construed to limit "permanent" employees from appealing decisions affecting their employment to the Town Personnel Board.) No act or activity which may be grievable may be considered for resolution unless a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed filed in accordance with the grievance procedure contained herein within fourteen thirty (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (530) calendar days of the day date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure:
Step 1 Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such meeting. Failing settlementdiscussion the employee does not believe the grievance has been satisfactorily resolved, either party he/she may submit the matter file a formal appeal in writing to arbitration his/her Department Director within ten (10) calendar days after receiving the reply in informal decision of his/her immediate supervisor.
Step 2 is given. If no The Department Director receiving the formal appeal shall render his/her written request for arbitration is received decision within such ten (10) calendar day perioddays after receiving the appeal. If after receipt of the written decision of the Department Director the employee is still dissatisfied, he/she may appeal the decision of the Department Director to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after receipt of the written decision of the Department Director. The Town Manager shall review the decision of the Department Director, and his/her decision, which shall be rendered within twenty (20) working days after the appeal is made, shall be final unless appealed to the Personnel Board by either the employee or the Department Director.
Step 3 The appealing party may file a written appeal of the decision, findings and conclusions of the Town Manager to the Personnel Board within ten (10) working days of the Town Manager’s decision. Within sixty (60) calendar days of the filing of the appeal, the grievance Personnel Board shall review the decision of the Town Manager and the appeal filed. The Personnel Board may ratify, modify or reverse the Town Manager’s decision. The decision of the Personnel Board shall be deemed final. The time limitations for filing and responding to have been abandoned.grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Department Director or Town Manager appeal levels. Employees may be represented by counsel, Union representative, Union xxxxxxx or other person at any stage in the grievance process
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
GRIEVANCE PROCEDURE. 7.01 9.01 For purposes the purpose of this Agreement, Agreement a grievance is defined as a any difference arising between the parties relating to Employer and an employee or group of employees concerning the interpretation, application, administration or alleged violation of this Agreement, Agreement and/or the discipline or discharge of an employee including any question as to whether a matter is arbitrable.
7.02 9.02 It is the mutual desire of the parties hereto Employer and the Union that complaints of employees shall and grievances be adjusted as quickly as possible. Either party may request a time extension, and it is understood that verified in writing, such request will not be unreasonably denied.
9.03 Prior to filing a written grievance, the employee and/or the District Chair or Vice Chair will first give the Lead Supervisor or the Manager an employee has no grievance until they have first given their immediate Supervisor opportunity to adjust the opportunity of adjusting their complaint. If an The employee has a complaintand/or the District Chair or Vice Chair (or designate), such shall discuss the complaint shall be discussed with their immediate the Lead Supervisor or the Manager within fourteen five (145) calendar days after the circumstances giving rise to the complaint have originated or occurredoccurred or from the time the employee ought reasonably to have become aware of the circumstances giving rise to the complaint, whichever is later. If Failing settlement of the immediate complaint by the Lead Supervisor is unable to adjust a complaint to their mutual satisfaction or the Manager within five (5) calendar days, the employee it may proceed with the be taken up as a written grievance procedure within fourteen five (145) calendar days following the decision reply of the immediate SupervisorLead Supervisor or the Manager in the following manner: Step No. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 1 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated may be submitted by the employee, District Chair or Vice Chair to The the Manager of Labour Relations or his designate. The nature of the grievance, the remedy sought, sought and the section or sections section(s) of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will or his designate shall deliver their his decision in writing five within ten (510) calendar days after receipt following the presentation of the grievance in writingto him. Failing settlement, the next step of the grievance procedure may be takenthen: Step No. In the event that the response in Step 1 is not satisfactory, within 2 Within five (5) calendar days following the decisiondecision in Step 1, the District Chair or Vice Chair will submit the written grievance must be re-submitted to the ManagerManager (Headquarters) or his designate unless extended by mutual agreement of the parties in writing, Labour Relations (or designate) to be discussed at and a meeting shall be held between the ManagerEmployer, Labour Relations (or designate)an official of the Union, the said Committee person, the grievor(s) Grievor and the Union Grievance Committee within five (5) calendar days of receipt District Chair or Vice Chair at which time the grievance shall be discussed. The decision of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (Manager or designate) his designate shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration be given in writing within ten (10) calendar days following this meeting. Copies of the Employer’s reply shall be forwarded to the Grievor, District Chair or Vice Chair and official of the Union who attended at the Step 2 meeting.
9.04 Failing settlement under the foregoing procedure, the matter may be submitted to arbitration within fifteen (15) calendar days after the reply in decision under Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Section 1. A grievance under this Agreement shall mean only a controversy or claim arising directly out of this Agreement, a grievance is defined as a difference arising between the parties or relating to the interpretation, application, administration application or alleged violation breach of a specific provision(s) of this AgreementAgreement during the term of this Agreement or extensions of it. Any controversy or claim relating to the academic and/or clinical performance of a House Officer shall not constitute a grievance, including any question as but shall be subject to whether a matter is arbitrablethe procedures set out in Article XVI, Discipline.
7.02 It is Section 2. Step #1. The Union representative, with or without the mutual desire aggrieved House Officer, shall present the grievance orally to the House Officer’s Program Director or his/her designee or Chief of Service or his/her designee. The parties shall attempt to resolve 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 they have first given their immediate Supervisor the opportunity of adjusting their complaintinformally. If an employee has a complaintthey are unable to do so, such complaint the Union shall be discussed with their immediate Supervisor reduce the grievance to writing, within fourteen thirty (1430) calendar days after the circumstances giving rise employee or Union had knowledge or should have had knowledge of the occurrence or failure of occurrence of the incident on which the grievance is based or it shall be waived. The grievance shall state with particularity the facts upon which the alleged violation is based, the Articles violated, and the requested remedy sought. The person to whom the grievance is addressed shall respond to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction grievance in writing within five seven (5) calendar days, the employee may proceed with the grievance procedure within fourteen (147) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature Union’s submission of the grievance, the remedy sought, and the section grievance to him/her. Grievances involving Hospital-wide issues or sections of the Agreement which are alleged to have been violated shall grievances not resolvable by a Department may be set out in the grievancefiled directly at step 2. The Manager of Labour Relations will deliver their decision in writing five (57) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event date that the Step 2 response in was due. A Step 1 is not satisfactory, 3 hearing shall be scheduled within five twenty-one (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (521) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desiredUnion’s submission to Step 3. The Manager, Labour Relations Hospital shall issue an answer to the grievance within twenty-one (or designate) shall give written disposition within five (521) calendar days of the day of such meetingStep 3 hearing.
Section 4. Failing settlementArbitration under this Agreement shall be limited to grievances that have been timely processed through the grievance procedure.
(a) If the grievance is not satisfactorily resolved at Step 3, either party the Union, and only the Union, and not any individual employee, may submit the matter to arbitration arbitration. Such submission must be made within ten thirty (1030) calendar days after the reply date that the Step 3 answer was due which due date is computed from the date of the scheduled Step 3 meeting. A demand for arbitration must be served in writing, by the appropriate union on the Hospital’s Director of Labor Relations, or designee by certified mail within this period as a condition for processing the demand and must specify the specific Section(s) and Article(s) allegedly violated.
(b) The Arbitrator shall have the authority only to settle disputes arising under this Agreement concerning the interpretation and application of specific section(s) and Article(s) of the Agreement to the facts of the particular grievance presented to him or her. The Arbitrator shall have no power to add to, subtract from, or modify this Agreement or any supplement to it. The Arbitrator shall have no power to engage in any form of interest arbitration, unless both parties agree in writing. Only one grievance may be referred to and decided during a particular arbitration, unless otherwise agreed by the parties, in writing. The Arbitrator must render his or her decision within thirty (30) calendar days after the conclusion of the hearing or the submission of briefs, whichever is later. The decision of the Arbitrator shall be final and binding upon the grievant, the Hospital and the Union. The cost of the fees of the Arbitrator shall be borne equally by the Hospital and the Union.
(i) The arbitration process shall be administered by the Hospital’s Office of Labor Relations and the parties agree to follow the rules of the Labor Relations Connection unless otherwise mutually agreed.
(ii) Arbitration cases shall be held at locations on the Hospital grounds.
Section 5. Failure of an employee and/or the Union to meet any time deadline at any Step 2 of this Grievance Procedure shall constitute a waiver of the grievance and no further action may be taken on it. Time is givenof the essence, but any time limits in this Article can be waived by both parties, in writing. In the case of any time periods, all of which are calendar days, in this Article which are seven (7) days or less, Saturdays, Sundays and/or Hospital holidays will not be counted. If no written request for arbitration is received within such ten (10) calendar the final day periodof a time period in this Article falls on a Saturday, Sunday or Hospital Holiday, the grievance final day of the time period shall be deemed to have been abandonedthe next business day.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 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 this the Agreement, including any question as to whether a matter is arbitrable.
7.02 8.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance.
8.03 It is the mutual desire of the parties hereto that complaints of employees nurses regarding the collective agreement shall be adjusted as quickly as possible, possible and it is understood that an employee a nurse has no grievance until they have she has first given their immediate Supervisor the her Executive Director of Resident Nursing Services opportunity of adjusting their her complaint. If an employee has a complaint, such Such complaint shall be discussed with their immediate Supervisor her Executive Director of Resident Nursing Services or designate within nine (9) calendar days after the circumstances giving rise to it having occurred and the Executive Director of Resident Nursing Services or designate shall reply within nine (9) calendar days. It shall then be taken up as a grievance within nine (9) calendar days in the following manner and sequence:
Step 1: The nurse may submit a written grievance signed by her to the Executive Director of Resident Nursing Services or designate. The Executive Director of Resident Nursing Services or designate will deliver her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her. Failing settlement then:
Step 2: Within nine (9) calendar days following the decision under Step No. 1 the nurse may submit the written grievance to the CEO/Administrator or designate. The parties will, if either party requests, meet to discuss the grievance at a time and place suitable to both parties. The CEO/Administrator or designate will deliver the decision in writing nine (9) calendar days from the date on which the written grievance was presented to him.
8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Local President or her designate.
8.05 Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Executive Director of Resident Nursing Services or his/her designate within fourteen (14) calendar days after the circumstances giving rise to the complaint grievance have originated occurred or occurredought reasonably to have come to the attention of the nurse(s). If The grievance shall then be treated as being initiated at Step No. 2 and the immediate Supervisor is unable applicable provisions of this Article shall then apply with respect to adjust the processing of such grievance.
8.06 The release of a complaint probationary nurse for reasons based on performance and ability to their mutual satisfaction within five (5) calendar daysdo the job, the employee may proceed with including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary nurse is released for:
(a) reasons which are arbitrary, discriminatory or in bad faith,
(b) exercising a right under this Agreement. The Employer agrees to provide written reasons for the release of a probationary nurse within fourteen seven (147) days of such release. A claim by a probationary nurse that she has been unjustly released shall be treated as a grievance, provided the nurse is entitled to grieve, if a written statement of such grievance is lodged by the nurse with the Employer at Step 2 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below The Employer agrees to provide written reasons within seven (7) calendar days following to the decision affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse who has completed her probationary period, without just cause. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting nurse with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designateEmployer at Step No. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five 2 within nine (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (109) calendar days after the reply date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration procedure by:
(a) confirming the Employer's action in Step 2 dismissing the nurse; or
(b) reinstating the nurse with or without loss of seniority and with or without full compensation for the time lost; or
(c) by any other arrangement which may be deemed just and equitable.
8.07 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 givenarbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within such ten thirty-six (1036) calendar day perioddays after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request for arbitration is postmarked within thirty-four (34) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits.
8.08 All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and the Union and the nurses.
8.09 Grievances shall be on a form mutually agreed upon by the parties.
(a) When either party requests that any matter 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 within eighteen (18) calendar days name a nominee. Within eighteen (18) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of thirty (30) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman.
(b) Within ten (10) days of the receipt of notice referred to in Article 8.10 (a) either party may require a process for a sole arbitrator where the grievance concerns:
i) job posting;
ii) a short term layoff;
iii) responsibility pay, premiums, overtime and call-in pay;
iv) entitlement to leave;
v) scheduling issues;
vi) any other grievance as mutually agreed. All references in Article 8 to an Arbitration Board shall be taken to include a sole arbitrator.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Section 9.1 It is the goal of both the Union and the City to settle problems at the lowest possible level in a cooperative and objective manner. Prior to presenting the immediate supervisor with a written grievance, the employee and/or Union representative are encouraged to discuss the incident with the employee’s immediate supervisor. A grievance under this Agreement, a grievance Agreement is defined as a difference written dispute, claim, or complaint arising between under and during the parties relating term of this Agreement and filed by either an authorized union representative acting on behalf of the employee, or an employee in a recognized classification, or a grievance filed by the City. Grievances are limited to the interpretation, application, administration matters of interpretation or alleged violation application of express provisions of this Agreement. For issues regarding the Tacoma Municipal Code Personnel Rules or Compensation Plan, including which are not explicitly covered by this Agreement, refer to the Joint Labor Agreement. Time limits set forth in the following steps will be stated in calendar days. If the deadline for any question as action under the grievance procedure falls on a weekend or holiday, the deadline will be extended to whether a matter is arbitrable.
7.02 It is the next working day. Any and all timelines specified in this Article may be waived by written mutual desire agreement of the parties hereto parties. Should the City fail to submit a reply within the specified time limits without such a waiver, the Union may automatically submit the grievance to the next step. In the event that complaints of employees shall the Union fails to submit the grievance within these time limits without such written notice, the matter will be adjusted considered as quickly withdrawn. All grievances must be filed as soon as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen but not later than thirty (1430) calendar days after occurrence of the circumstances giving rise to the grievance. Otherwise, the right to file a grievance is forfeited and no grievance will be deemed to exist.
Section 9.2 Any employee having a complaint have originated or occurredis encouraged to first take up the matter with their immediate supervisor. A complaint alleging discrimination by the employee’s immediate supervisor may be initiated at Step 2 of the procedure outlined below. Any resolution at this level will be non-precedent setting. If the immediate Supervisor no satisfactory answer or disposition is unable to adjust a complaint to their mutual satisfaction received within five (5) calendar days, the complaint will be processed as follows:
Step 1 The employee may proceed and/or their Union representative will, as soon as possible, but not later than thirty (30) calendar days after occurrence of the circumstances giving rise to the grievance, reduce the matter to written form, stating all facts in detail, the section or sections of the contract alleged to have been violated, and proposed remedy, and submit same to immediate supervisor or the City official most immediately involved, with a copy to the grievance procedure City’s Labor Relations Division. The supervisor or official will within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit issue a written grievance signed and dated by response to the employee, to The Manager of Labour Relations or designate. The nature of Union specifying the grievance, the remedy soughtissue, and the section or sections of the Agreement which are alleged City’s decision.
Step 2 Failing to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of resolve the grievance in writing. Failing settlementthe first step, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactoryUnion representative will, within five fourteen (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (514) calendar days of receipt of the City’s Step 1 disposition submit the grievance in writing to the head of the employee's department (General Government) or division (Utilities) with a copy to the City’s Labor Relations Division. Management will within fourteen (14) calendar days issue a written response to the Union specifying the issue, and the City’s Step 2 decision, with a copy to the City’s Labor Relations Division.
Step 3 Failing to resolve the issue in the second step, the Union will, within fourteen (14) calendar days of the City’s Step 2 disposition, contact the Human Resources Director to arrange a meeting between the Union and the City to discuss said grievance, copying the employee’s Department or Division Head and the City’s Labor Relations Division. Either party may have assistance from outside Any grievance filed by the Hospital City will be first considered at this stage if desiredstep. This meeting between the Union and Human Resources Director or their designee will be scheduled at a mutually agreeable time, which time will not exceed, however, fourteen (14) calendar days from the time the Union contacts the City, unless a longer time is mutually agreed upon. The ManagerCity will respond within fourteen (14) calendar days from the meeting date, Labour Relations unless mutually agreed upon. If the parties in this step are unable to resolve the grievance, the matter may be submitted to binding arbitration as hereinafter provided for in this Agreement.
Section 9.3 Any and all grievances resolved at any step of the grievance procedure as contained in this Agreement will be final and binding on the City, the Union and employees represented by the Union and covered by this Contract.
Section 9.4 Grievances will be processed from one step to the next within the time limit prescribed in each of the steps, unless timeframes are extended upon mutual agreement. Any grievance upon which a disposition is not made by the City within the time limits prescribed, or any extension which may be agreed to, may be referred to the next step in the grievance procedure, the time limit to run from the date when the time for disposition expired.
Section 9.5 The City or Union may request arbitration of an unsettled grievance by notifying the other party in writing of such desire within thirty (or designate) shall give written disposition within five (530) calendar days of the day the written disposition was given under the steps of such meetingthe grievance procedure provided for in this Agreement. Failing settlement, In the event that either party may submit should fail to serve such written notice, the matter to arbitration within ten (10) calendar days after will be considered as settled on the reply basis of the written disposition made in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the last step of the grievance shall procedures. A list of seven (7) arbitrators will be deemed requested from the Public Employment Relations Commission (PERC) or Federal Mediation and Conciliation Service (FMCS). Both parties will each strike a name until one (1) arbitrator is selected. The first strike will be made by the party requesting arbitration. Should the parties fail to arrive at the selection of an arbitrator, PERC will be asked to appoint one. Any decision by the arbitrator will be final and binding upon both parties. Each party will bear the expense of its own representatives, attorneys and all costs related to the development and presentation of their respective cases in arbitration. All other expenses incident to the arbitration will be divided equally. The arbitrator will have been abandonedno power to render a decision that will add to, subtract from or alter, change or modify this Agreement; and the arbitrator’s power will be limited to an interpretation or application of this Agreement.
Section 9.6 It is understood that there will be no suspension of work, slowdown, or curtailment of services while any difference is in process of adjustment or arbitration pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of In the event an employee covered by this AgreementAgreement claims that his/her rights and privileges under this Agreement have been violated, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor resolved in accordance with the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen following procedure:
Step 1: Within ten (1410) calendar days after the circumstances first occurrence of the event giving rise to the complaint have originated claimed violation, the employee and/or his/her representative shall submit his/her grievance to his/her supervisor who, within three (3) working days thereafter, shall give his/her answer.
Step 2: If the grievance is not settled in Step 1, the employee and/or his/her representative shall present the matter in writing to the employee’s Department Head (Appointing Authority) within seven (7) calendar days after receipt of the Supervisor’s answer. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provision or occurredprovisions of the Agreement allegedly violated, and the relief requested. Within five (5) calendar days of the receipt of such written grievance, the Department Head shall arrange a meeting with the Union at a mutually agreeable time to discuss the matter. If the immediate Supervisor grievance is unable settled as a result of such meeting, the settlement shall be reduced to adjust a complaint writing and signed by the Department Head and the Union. If no settlement is reached, the Department Head shall give the Department’s written answer to their mutual satisfaction the Union within five (5) calendar daysdays following their meeting. The Employer and the Union may agree to submit the grievance to voluntary grievance mediation prior to submitting the grievance to Step 3. The agreement to mediate must occur within the time limit for submitting the grievance to Step 3 and the time limit for submitting the grievance to Step 3 shall not be extended in the absence of an agreement to mediate.
Step 3: If the grievance is not settled in Step 2, the employee may proceed with Union shall present the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision matter in writing to the County Grievance Board within five (5) calendar days after receipt of the grievance in writingDepartment Head’s written answer. Failing settlement, The Grievance Board shall be composed of three (3) members appointed by the next step County Board of the grievance procedure may be takenCommissioners. In the event that the response in Step 1 is not satisfactory, within five Within fourteen (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (514) calendar days of receipt of such written grievance, the grievance. Either party may have assistance from outside County Grievance Board shall schedule a hearing into the Hospital at this stage if desired. The Managermatter, Labour Relations after the close of which it shall render its decision no later than fourteen (or designate) shall give written disposition within five (514) calendar days of thereafter. If the day of such meeting. Failing settlementgrievance is not settled in accordance with the foregoing procedure, either party the Union may submit refer the matter grievance to arbitration within ten (10) calendar days after receipt of the reply County Grievance Board’s decision by requesting the Bureau of Mediation Services to submit a panel of seven (7) arbitrators. Both the Employer and the Union shall have the right to alternately strike names from the panel. The party striking the first name shall be established by the Rules of the Bureau of Mediation Services. The remaining person shall be notified of his/her selection and requested to set a date and a time subject to the availability of the Employer and the Union representatives. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider only the specific issue submitted to the arbitrator in Step 2 is givenwriting by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted to the arbitrator. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in the application of laws and rules and regulations having the force and effect of law. If no written request for arbitration is received the arbitrator finds that the grievance concerns matters not covered by this Agreement or the procedures contained herein have not been adhered to, he/she shall return the matters to the parties without decision. The arbitrator shall submit the decision in writing within such ten thirty (1030) calendar day perioddays following close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The decision shall be based solely upon the arbitrator’s interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. The decision of the arbitrator shall be final and binding. The fee and expenses of the arbitrator shall be divided equally between the Employer and the Union; provided, however, that each party shall be responsible for compensating its own representative and witnesses. If a grievance is not presented within the time limits set forth above, it shall be considered “waived.” If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance shall as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be deemed to have been abandonedextended by mutual written agreement of the Employer and Union representative involved in each step.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Subject to the provisions of Article XXIII, the Grievance Procedure established by this Article shall be used for the purpose of orderly negotiations between the parties concerning all claims, disputes, or other matters subject to collective bargaining between the parties during the term of this Agreement, a grievance is defined as a difference arising between whether or not such claims, disputes, or other matters involve the parties relating to the interpretation, application, administration interpretation or alleged violation application of this Agreement, including any question as to whether a matter is arbitrable.
7.02 . It is the mutual desire intent of the parties hereto that complaints of employees shall such grievances be adjusted resolved as quickly as possiblepossible 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. STEP ONE When agreement has not been reached through discussion of the grievance with the Supervisor and Site Human Resources Manager, the Shift Committeeperson may then, and it is understood that an employee has no grievance until they have first given their immediate Supervisor within thirty days following the opportunity occurrence or having become aware of adjusting their complaint. If an employee has a complaintthe situation, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances condition or action giving rise to the complaint have originated or occurredgrievance, present the grievance to the Supervisor and Site Human Resources Manager 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, Site Human Resources Manager, and the Shift Committeeperson for the Union. In general, the Supervisor and Site Human Resources Manager will give a reply in writing within forty-eight hours, but if more time is required the Supervisor and Site Human Resources Manager will advise the Committeeperson, and a written decision will be given to the Xxxxxxx within seven calendar days. (Example: If the immediate Committeeperson grieves in writing on Monday, the Supervisor and Site Human Resources Manager are obligated to give a written answer no later than the following Monday). STEP TWO Negotiating grievances at Step Two for the Company will be the responsibility of the Site Union Relations Manager for the area. Upon request, each Committeeperson may have a weekly Step Two Meeting with the Site Union Relations Manager. The Committeeperson may, if he/she desires, have additional Committeepersons present, not to exceed a combined total of three, and similarly the Site Union Relations Manager may, if he/she desires, have additional Management Representatives present, not to exceed a combined total of three, unless mutually agreed. Upon request of the Committeeperson, the appropriate Supervisor shall be 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 unable referred back to adjust Step One or taken back at Step Two must be discussed again in a complaint to their mutual satisfaction grievance meeting at the appropriate step of the Grievance Procedure within five ninety (590) calendar days. If agreement is not reached at Step Two, the employee Chairperson of the Bargaining Committee may proceed with appeal the Step Two decision by registration of the grievance procedure for discussion at Step Three. Any grievance not registered at Step Three within the first fourteen (14) calendar days following the decision date of the immediate Supervisorlast Step Two fact sheet will be considered withdrawn without prejudice. Any employee is entitledSTEP THREE Negotiating grievances at Step Three will be the responsibility of the GE Aviation Manager of Union Relations (or his/her designated representative) and the Chairperson of the Bargaining Committee for the Union. Discussing grievances at Step Three will be the responsibility of the GE Aviation Manager of Union Relations and the Chairperson of the Bargaining Committee with the designated Committeeperson for the Union. Other Committeepersons, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated mutual agreement by the employee, to The Shift Committeeperson and the GE Aviation Manager of Labour Relations Union Relations, may attend all or designatepart of the Step 3 meeting at their discretion. The nature 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 grievanceBargaining Committee with a sequential Step Three grievance registration list, the remedy sought, and the section or sections as necessary. The Chairperson of the Agreement which are alleged Bargaining Committee may elect to have been violated shall withdraw grievances registered at Step Three without prejudice. Exceptions to the order of discussion at Step Three will be set out in made at the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt request of the Chairperson of the Bargaining Committee for grievances involving disciplinary time off and discharge. Either party may refer a grievance in writing. Failing settlement, the next back to a lower step of the grievance procedure 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 referred back to a lower step of the grievance procedure or taken back at Step Three must be takendiscussed again in a grievance meeting at the appropriate step of the procedure within thirty calendar days. In the event that of a request for arbitration of a grievance under Article XX, the response in Step 1 is 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 satisfactorysuch 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 five (5) ten calendar days following the decisionmeeting 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 XXIV 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 XXIV 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 must be re-submitted arises following the original location's plant closing date. The Company shall give its final decision to the Manager, Labour Relations (or designate) to be discussed at Union in writing within a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and reasonable time after discussions with the Union Grievance Committee within five (5) calendar days of receipt of and an opportunity to investigate the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedfacts.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 6:01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 6:02 It is the mutual desire of the parties hereto that complaints of employees shall Employees will be adjusted as quickly as possible, and it is understood that an employee Employee has no grievance until they have she has first given their the immediate Supervisor supervisor the opportunity of adjusting their to adjust the complaint. If an employee Employee has a complaint, such complaint shall will be discussed with their the immediate Supervisor supervisor within fourteen five (145) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee Employee may proceed to Step 1 with the grievance procedure within fourteen five (145) calendar days following the decision of the immediate Supervisorsupervisor. Any employee An Employee is entitled, upon request, to have a CAW Committeeperson Union Committee Member present with them when meeting discussing the complaint with the immediate Supervisor to attempt to adjust their complaintSupervisor.
7.03 6:03 A grievance of an employee Employee properly arising under this Agreement shall will be adjusted and settled as follows: :
Step 1 The employeeEmployee, with the assistance of a CAW CommitteepersonUnion Committee member, if desired, must submit a written grievance grievance, signed and dated by the employeeEmployee, to The Manager of Labour Relations or designateher immediate supervisor. The nature of the grievance, the remedy sought, and the section or sections of the Agreement Agreement, which are alleged to have been violated shall will be set out in the grievance. The Manager of Labour Relations immediate Supervisor will deliver their a decision in writing within five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in .
Step 1 is not satisfactory, within 2 Within five (5) calendar days following the decisiondecision under Step No. 1, the grievance must be re-submitted to the Manager, Labour Relations Administrator (or a designate) to be discussed at a meeting between the Manager, Labour Relations Administrator (or a designate), the said Union Committee person, members and the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital Home at this stage if desired. The Manager, Labour Relations Administrator (or a designate) shall will give a written disposition within five ten (510) calendar days of the day of such meeting. .
Step 3 Failing settlement, either party may submit within five (5) days following the matter to arbitration within ten (10) calendar days after the reply in decision of Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period# 2, the grievance may be submitted in writing to the Chief Administrative Officer or his designate. A meeting will then be held between the Chief Administrative Officer or his designate, the grievor and his union xxxxxxx 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 representation of the Canadian Auto Workers may be present at such meeting. It is further understood that the Chief Administrative Officer or his designate may have such counsel and assistance as he may deem necessary at such meetings. The decision of the Chief Administrative Officer shall be deemed in writing and made within five (5) days following the date of such meeting.
6:04 The reference to have been abandoneddays excludes Saturdays, Sundays, and Paid Holidays. Time limits, as mentioned in this Article, may be extended on consent of both parties.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Section 1 A grievance shall mean a complaint with respect to an alleged violation or misinterpretation of any of the provisions of this Agreement. The parties acknowledge this grievance procedure is meant to resolve complaints. Specified time limits shall exclude days on which the involved parties, as designated in each step of the grievance procedure, are unavailable due to physical absence from work. This shall apply to all time limits of less than 30 days duration. An employee having a grievance is defined as a difference arising between or the parties relating to the interpretation, application, administration or alleged violation Union on behalf of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no or multiple grievants, may present the grievance until they have as follows:
Step 1 - An employee having a grievance shall first given their take up the matter with his/her immediate Supervisor supervisor, with or without the opportunity of adjusting their complaint. If an employee has a complaintemployees' xxxxxxx, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after at the circumstances giving rise to the complaint have originated or occurredemployee's discretion. If the grievance is not settled to the satisfaction of all concerned, the grievance shall be reduced to writing, submitted to the employee's immediate Supervisor is unable supervisor, and the immediate supervisor shall furnish the xxxxxxx with a written answer to adjust a complaint to their mutual satisfaction the grievance within forty-eight (48) hours (excluding Saturday, Sunday and Holidays). Any grievance not taken up with the immediate supervisor within five (5) calendar daysdays after the occurrence of the incident giving rise to the grievance (excluding Saturday, Sunday, holidays and approved vacation time of the aggrieved employee) shall not be entitled to consideration.
Step 2 - If a satisfactory settlement is not reached in Step 1, the employee may proceed with Union xxxxxxx may, within forty-eight (48) hours after receipt of the written answer (excluding Saturday, Sunday and holidays), present the grievance procedure to the employee's departmental superintendent for review. The departmental superintendent shall then furnish a written answer within fourteen forty-eight (1448) calendar days following the decision of the immediate Supervisor. Any employee is entitledhours (excluding Saturday, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintSunday and holidays).
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of Step 3 - If a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievancesatisfactory settlement is not reached in Step 2, the remedy sought, and xxxxxxx may submit the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision matter in writing five to the Human Resource Director or Director of Recreation and Public Service within four (54) calendar days after receipt of the grievance in writingdepartmental superintendent's answer (excluding Saturday, Sunday and holidays). Failing settlementThe Human Resource Director or Director of Recreation and Public Services shall, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of upon receipt of the grievance, schedule a meeting with the grievant and a union official at a mutually acceptable time. Either party may have assistance from outside That meeting shall be conducted within four (4) working days unless otherwise agreed, and shall be followed by a written record of disposition. In addition, copies of all matters of discipline and discharge materials shall be forwarded directly to the Hospital at this stage if desired. The ManagerHuman Resource Director.
Step 4 - If a satisfactory settlement is not reached in Step 3, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party Union may submit the matter in writing to arbitration the City Manager within four (4) days following receipt of the Human Resource Director's written disposition of the grievance (excluding Saturday, Sunday and holidays). The City Manager shall, upon receipt of the grievance, make written disposition of the same within ten (10) calendar days (excluding Saturday, Sunday and holidays). The Union shall have thirty (30) days to make an election of one exclusive remedy to appeal any disciplinary action taken by the City by proceeding either in accordance with the Civil Service Ordinance or the following Grievance Arbitration Appeal Procedure, but not both.
Step 5 - In the event the grievance is not settled in step 4, the Union, through its Secretary shall have thirty (30) days in which to invoke arbitration in those cases where arbitration is permitted. Arbitration can be invoked only in the following manner:
(a) Written notice to the City within thirty (30) days after the reply receipt of disposition in Step 2 is given4, of intent to submit the issue to arbitration. If no written request for arbitration is received Following such notice of intent to arbitrate, the parties shall attempt to select an arbitrator to arbitrate the disputed issues.
(b) In the event the parties have not selected an arbitrator within such ten (10) calendar day perioddays of the date of notification of intent to arbitrate or within such other period of time as may be mutually agreed upon, an arbitrator shall be selected in accordance with the rules, regulations and procedures of the American Arbitration Association. The decision of the arbitrator shall be final and binding on all parties. The arbitrator may not add to, subtract from, change or amend any of the terms of this Agreement, and shall only concern himself with the interpretation and application of the terms of this agreement. The expense of such impartial arbitrator shall be borne equally by both parties.
Section 2 Any grievance not appealed from a decision in one of the steps in the above procedure, to the next step within the time limits prescribed, shall be considered dropped. If the Employer shall fail to answer a grievance within the time limits prescribed, the grievance shall be deemed considered to have been abandonedgranted. In the event an employer representative is unavailable to receive a grievance, the Union may leave the grievance or an appeal, in a sealed envelope, with that representative's secretary, who will date stamp it.
Section 3 All proceedings before the arbitrator shall be conducted in accordance with the voluntary labor relations rules of the American Arbitration Association. The arbitrator shall hear evidence in the case submitted. The decision of the arbitrator upon any question permitted by this Agreement shall be final and binding upon both parties.
Section 4 Grievances protesting disciplinary action shall be subject to arbitration in the same manner as other grievances but shall not be subject to appeal to both the Civil Service Board and arbitration. The Employer agrees that prior to the taking of any disciplinary action against an employee, it will discuss the disciplinary action proposed to be taken with the Departmental Xxxxxxx or in his/her absence the Chief Xxxxxxx, Assistant Chief Xxxxxxx, Financial Secretary, Recording Secretary, Vice-President, or President on duty, and in that order, and will explain the reasons for the proposed disciplinary action. The Employer also agrees that it will give due consideration to any arguments and factual information concerning the proposed disciplinary action that may be presented to it by the Union representative. The Employer agrees to give written notice of any disciplinary action taken to both the Union and the employee against whom such disciplinary action is taken.
Section 5 Any meeting's time, date, and location shall be subject to mutual agreement between the parties. This will not waive any time requirement present in earlier parts of this article. Waivers of contractually prescribed time limits may be made by mutual agreement.
Section 6 Both parties recognize settlement of disputes is best served when the relevant issues are openly discussed. It is the intent of the parties that this should occur prior to the arbitration step.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto both that complaints of employees grievances shall be adjusted as quickly as possible. The Employees shall appoint a Grievance Committee of three (3) members in accordance with its constitution and by-laws for the purpose of attempting to settle any which may arise, in accordance with the procedure set out hereinafter. The Association shall notify the Employer the names of the employees serving as members of, and it is understood that an employee has no any changes in the Grievance Committee. A grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed defined as any difference between the parties of this Agreement relating to the interpretation, application or administration of the Agreement, including the question of whether or not a matter is arbitrable and any question as to whether the suspension, discharge, or other discipline of any employee is reasonable may constitute a grievance and shall, at the request of either party, be dealt with as follows: Collective Agreement No grievance shall be considered where the circumstances rise to it occurred or originated more than five (5) days before the submission of the grievance. When a grievance occurs the aggrieved employee shall first the grievance in Writing, in duplicate form to the Grievance Committee of the Association, one copy of which shall be forwarded to the Fire Chief by the Grievance Within five (5) days of submission of the grievance under Step the aggrieved employee represented by and accompanied by a duly elected Grievance of the Association, and concerned, shall meet with the Fire Chief to have the grievance heard. A decision be rendered by the Chief within two (2) days after this meeting. satisfactory settlement within five (5) days after receiving the decision under Step the Grievance together with the aggrieved employee, may present the grievance, in writing, to the City Council of the City of Waterloo, and a shall be granted with Council or their immediate Supervisor designated representatives. A decision shall be given in writing within fourteen (14) calendar days after the circumstances giving rise grievance was presented at a regular council meeting. Replies to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement grievances shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designatein writing at all stages. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out Limits in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be takenextended by consent, in of the to this Agreement. In the event that the response in Step 1 which any stage is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between taken under the Managerforegoing provisions of this Article, Labour Relations (or designate)Saturdays, the said Committee person, the grievor(s) Sundays and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance Statutory Holidays shall be deemed to have been abandonedexcluded.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that claim by an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaintthat the
Section 4.1.1. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The aggrieved employee, with or without an employee representative, may take up the assistance grievance or dispute with the employee’s supervisor within fourteen calendar days of a CAW Committeepersonits occurrence.
Section 4.1. 2.
(a) If the matter is not settled within seven calendar days of reference to the supervisor, if desired, must submit a written grievance signed and dated the matter shall be reduced to writing by the employeegrievant, to The Manager of Labour Relations or designate. The nature of the grievanceincluding, but not limited to, the remedy soughtfacts on which the grievance is based, and the section or sections of the Agreement which are alleged to have been violated violated, and the relief sought. Such written grievance shall be set out presented to the Department Head in charge of the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) department within fourteen calendar days after receipt of reference of the grievance in writingmatter to the supervisor. Failing settlement, Before proceeding to the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (3 or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate6), the said Committee personaggrieved employee, the grievor(s) Department Head, the Grievance Committee and the Union Grievance Committee within five (5) calendar days of receipt of Human Resources Representative shall meet to attempt to resolve the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations .
(or designateb) Such meeting shall give written disposition be held within five (5) fourteen calendar days of the day date the grievance is submitted to the Department Head. The purpose of such meeting. Failing settlement, the meeting is to assure that the grievance has been properly and thoroughly investigated.
(c) At the request of either party during the course of the meeting, the Grievance Committee, the Human Resources Representative and the Department Head may meet without the presence of the grievant and the supervisor to continue the efforts to resolve the grievance.
(d) The Department Head shall submit a reply to the matter to arbitration Union stating the disposition of the grievance and the reasons for the decision within ten (10) calendar five working days after the reply in Step 2 meeting.
(a) If a case involving the discipline or discharge of an employee is givennot resolved at Step 2, it shall then be submitted in writing to the Board of Commissioners within fourteen calendar days of the issuance of the Department Head’s answer at Step 2. The Board of Commissioners shall then meet with the Grievance Committee to attempt to resolve the grievance, and shall thereafter issue its decision on the grievance.
(b) If no written request for arbitration a case involving something other than discipline or discharge is received within such ten (10) calendar day periodnot resolved at Step 2, the grievance shall it shall, if pursued, then be deemed submitted to have been abandonedan arbitrator pursuant to Step 6.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes All formal grievances shall be initiated by the Faculty Association in writing and shall be dealt with without stoppage of this Agreement, a grievance is defined as a difference arising between work by the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire following steps: Within twenty (20) working days of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood time that an employee has no grievance until they have first given their immediate Supervisor or the opportunity Faculty Association should reasonably be aware of adjusting their complaintthe incident that is the subject of the grievance, the Faculty Association may request a meeting between a Shop Xxxxxxx and the appropriate or designate. If an employee has a complaint, such complaint The Parties shall be discussed with their immediate Supervisor meet within fourteen ten (1410) calendar working days after of the circumstances giving rise written request to attempt to resolve the complaint have originated or occurredgrievance. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction The Employer shall respond in writing within five (5 )working days. Failing settlement at Step within five (5) calendar working days, the employee Association may proceed with request a meeting between the grievance procedure within fourteen (14) calendar days following Chief Xxxxxxx or designate, and the decision of the immediate Supervisor. Any employee is entitledPresident, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated Parties shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing meet within five (5) calendar working days after receipt of the grievance written request to resolve the grievance. If agreement is reached in writing, the grievance shall be considered resolved. Failing settlementagreement at Step either Party within forty-five (45) working days of the completion of Step may request the Labour Relations Board to appoint a Settlement Officer to confer with the Parties to assist them to settle the difference, or advise the other Party that they wish to proceed directly to Step Arbitration. The request to the Labour Relations Board must be accompanied by a statement of the difference to be settled. If a Settlement Officer is appointed, the Officer shall, within five (5 )working days of the appointment: inquire into the difference, endeavour to assist the Parties in settling the difference, and report to the Director of the Labour Relations Board on the results of the inquiry and the success of the settlement effort. If the Employer and the Faculty Association accept the recommendations of the Settlement Officer, then the grievance shall be considered resolved. When the Director receives a report under the Code, and the Parties have not settled the difference, the Director shall refer the difference back to the Parties. Failing settlement at Step or either of the Parties may, without stoppage of work, notify the other Party in writing of its intent to submit the difference to arbitration as outlined below: Abandonment of Grievance Grievances shall be considered abandoned if the grieving Party fails to give written notice within the specified time limits of its intention to proceed to the next step of the grievance procedure Grievance Procedure. The succeeding step shall commence the day following receipt of such notice. Waiving of Time Limits The time limits set out in this Article may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt extended by mutual agreement of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedParties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes The Employer and the Association agree important to adjust complaints and grievances as quickly as possible. The nurse, the Association or the Employer may present a complaint at any time without recourse to the forma: grievance procedure. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays as defined in Clause shall not be counted. At the time formal discipline imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance. A formal grievance shall be one having to do with the interpretation or alleged violation of this Agreement. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, a the redress sought, and indication of the of this Agreement on which the grievance based. A formal grievance must be filed within working days of the circumstances giving rise to the grievance. If the grievance is defined as based on a charge that filed within five (5) days. The following shall be the procedure handling and processing nurse grievances submitted the nurse or the The individual nurse shall first discuss her complaint with the Association to determine its merit. The nurse and/or the Association will then submit the written cornplaint to the Supervisor who shall give her decision within five (5) working days of receipt of the grievance. If the grievance not satisfactorily settled at Step then the Grievance Committee may, within five ( 5 ) working days of the receipt of answer of the Supervisor, (or if no answer is received within five ( 5 ) working days after such answer ought to have been received) refer the grievance to the Assistant Executive Director who shall meet with the Grievance Committee within ten (10) working days of the referral. The Assistant Executive Director shall render decision in writing within five (5) working days of such meeting. If the grievance not settled at Step the Association may refer the grievance to arbitration. Any difference arising between Employer and the parties relating to the Association concerning interpretation, application, administration or alleged violation of this AgreementCollective Agreement may be submitted in writing by either party for consideration at a meeting of the Grievance Committee and the Representatives of the Employer. If such grievance cannot be resolved within ten (10) working days by discussion between the Employer and the Association such grievance may be referred to arbitration. NOTE : Any of the time allowances may be extended by mutual agreement between the parties. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire , or where an allegation made that this Agreement has been violated, either of the parties hereto that complaints may, after exhausting the Grievance Procedure established by this Agreement, notify the other party within ten (10) working days in writing of employees its desire to submit the difference or allegation to arbitration and the notice shall be adjusted as quickly as possible, and it is understood that contain the name of the first appointee to an employee has no grievance until they have first given their immediate Supervisor Arbitration Board. The recipient of the opportunity of adjusting their complaint. If an employee has a complaint, such complaint notice shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, working days inform the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision other party in writing of the immediate Supervisor. Any employee is entitled, upon request, name of its appointee to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designateArbitration Board. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated two appointees so selected shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.five
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes (a) The parties agree that the grievance procedure is intended to bring resolution to differences arising from the application of this Agreement, the collective agreement. Should a grievance is defined as a difference arising dispute arise between the parties relating to Board and any employee or the Union regarding the interpretation, application, administration operation or alleged violation application of this Agreementagreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, or should any other dispute arise, an xxxxxxx effort shall be made to resolve the dispute in the following manner without work stoppage.
7.02 It STEP 1 The aggrieved employee shall discuss the complaint with the immediate supervisor, with or without a representative of the Union present. Failure to follow this step shall not result in a technical objection denying the complaint.
STEP 2 Failing satisfactory settlement under Step 1, an employee who wishes to file a grievance must, within thirty (30) calendar days of the date when the employee became aware of the incident which is the mutual desire subject of the parties hereto that complaints complaint, provide the Union with a written statement of employees the particulars and redress sought.
STEP 3 Formal written grievances shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor submitted to the opportunity Superintendent of adjusting their Schools by the Union within forty-five (45) calendar days of receipt of the complaint. If an employee has The written grievance shall outline the particulars of the complaint and the redress sought. Prior to submitting a complaintgrievance, such complaint the Union will request a meeting with the Employer. The Employer will arrange a meeting with the DU administrator, the Union and other persons deemed essential by either party to resolve the dispute.
STEP 4 The Superintendent of Schools shall be discussed have fourteen (14) calendar days following receipt of the grievance to render to the Union a written decision on the grievance with their immediate Supervisor reasons for that decision.
STEP 5 The parties may mutually agree to non-binding mediation:
(a) After receipt of the decision of the Superintendent of Schools, under Step 4 above, within fourteen (14) calendar days after either party may request that a Mediator be appointed to meet with the circumstances giving rise parties, investigate and define the issues in dispute and facilitate a resolution.
(b) The Mediator shall be appointed by mutual agreement between the parties.
(c) The purpose of the Mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged. During the proceedings, the parties shall fully disclose all materials and information relevant to the complaint have originated or occurredissue(s) in dispute.
(d) The expenses of the Mediator shall be equally borne by both parties.
(e) The grievance may be resolved by mutual agreement between the parties. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within Within fourteen (14) calendar days following of first meeting the decision parties, having considered the issue(s) in dispute and the terms of the immediate Supervisor. Any employee is entitledcollective agreement, upon request, to have the Mediator shall issue a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintreport including non-binding recommendations.
7.03 A grievance of an employee properly arising STEP 6 Failing satisfactory settlement under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (Step 4 and/or Step 5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration may, within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.fourteen
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 9.01 It is the mutual desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possiblepossible without stoppage of work, and it is understood that an employee may present an oral complaint at anytime, without recourse to the grievance procedure herein.
9.02 A grievance shall be defined as a difference arising between the parties with regard to the administration, meaning, interpretation, application or alleged violation of this Agreement, or in the case of an employee who has acquired seniority under this Agreement, a complaint that the employee has been unjustly laid off or has not been recalled from layoff or has been unjustly disciplined or discharged without cause.
9.03 It is understood that an employee has no grievance until they have she has first given their her immediate Supervisor the supervisor an opportunity of adjusting their to adjust her complaint. If an employee has a complaint, she shall discuss it with her immediate supervisor. In order to be considered a grievance, such complaint shall be discussed with their immediate Supervisor discussion must take place within fourteen ten (1410) calendar days after the circumstances giving rise to the complaint have originated first occurred or occurredoriginated. If The supervisor shall communicate her reply to the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days. If such complaint is not settled to the satisfaction of the employee concerned within the five (5) calendar day period, the complainant may file a grievance in the following manner and sequence:
STEP 1 The employee(s) shall submit the grievance to her xxxxxxx. If the xxxxxxx considers the grievance to be justified, the employee(s) concerned, together with a xxxxxxx shall within five (5) calendar days following the decision of the immediate supervisor, present a signed, dated, written statement of such grievance to the Supervisor. The nature of the grievance, the Article(s) of the Agreement that has been allegedly misapplied or misinterpreted and the relief or remedy sought shall be clearly set out in the grievance. The Supervisor shall submit her answer in writing within five (5) calendar days of the filing of the grievance at Step 1.
STEP 2 Within five (5) calendar days following the written decision of the immediate supervisor, the employee may proceed with the assistance of a xxxxxxx may present the written grievance procedure to the Director of Services. The Director of Services shall submit her answer in writing within five (5) calendar days of the filing of the grievance at Step 2. Failing settlement of the grievance at Step 2 or failure of the Director of Services to submit her reply within the prescribed period, the employee shall present her grievance in writing to the Executive Director or designate within seven (7) calendar days after the reply is received or should have been received in Step 2. The Executive Director or designate shall hold a meeting within fourteen (14) calendar days with the grievor, and a xxxxxxx to discuss the grievance. Either party may request the assistance of a business or staff representative of the Union to attend said meeting. The Executive Director or designate shall deliver her decision in writing within fourteen (14) calendar days following the decision day on which the meeting was held.
9.04 It is expressly understood that an employee who has a complaint or a grievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the immediate Supervisor. Any validity of such claim shall continue to perform the duties assigned to the employee is entitledby management (unless the employee has been suspended or discharged), upon requestproviding such duties do not jeopardize the life, to have a CAW Committeeperson present with them when meeting with health or safety of the immediate Supervisor to attempt to adjust their complaintemployee.
7.03 A grievance of an employee properly arising under this Agreement 9.05 Written grievances shall not be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated subject to change except by the employee, to The Manager of Labour Relations or designate. The nature mutual agreement of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedparties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, Agreement including any question as to whether a matter is arbitrable.
7.02 8.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, possible and it is understood that an employee has no grievance until they have the employee has first given their the employee's immediate Supervisor supervisor the opportunity of adjusting their the employee's complaint. If an employee has a complaint, such complaint shall be discussed with their the employee's immediate Supervisor supervisor within fourteen ten (1410) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor supervisor is unable to adjust a the complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen five (145) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintsupervisor.
7.03 8.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: :
Step 1 The employeeemployee must submit a written grievance, with the assistance of a CAW Committeepersonunion xxxxxxx, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designatethe employee's immediate supervisor. The nature of the grievance, grievance and the remedy soughtsought shall, and the section or sections of the Agreement which are alleged to have been violated shall if possible, be set out in the grievance. The Manager of Labour Relations will immediate supervisor shall deliver their the employer's decision in writing within five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of in the grievance procedure may be taken.
Step 2 Within five (5) calendar days following the decision under Step 1, the employee must submit the written grievance to the Department Head (or the employer's designate) or, where the Department Head is the immediate supervisor, then the grievance must be submitted to the Department Head's immediate supervisor. In The parties may, if it is mutually agreed, meet to discuss the event that grievance at a time and place suitable to both parties. Such meeting shall include the response grievor and a union xxxxxxx who may be accompanied by a member of the Union Grievance Committee, as well as not more than an equal number of Hospital representatives. The appropriate Hospital representative will respond to the grievance in Step 1 is not satisfactorywriting, with a copy to the Union Xxxxxxx, within five (5) calendar days of receipt of the grievance or such other mutually agreed-to time. Failing settlement, the next step in the grievance procedure may be taken.
Step 3 Within five (5) calendar days following the decisiondecision under Step 2, the grievance must be re-submitted to the Manager, Labour Relations Chief Executive Officer (or his designate) ), to be discussed at a meeting between the Manager, Labour Relations Chief Executive Officer (or his designate), and the said Committee personGrievance Committee, including the grievor(s) and the Union Grievance Committee ), within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage the meeting if desired. The Manager, Labour Relations Chief Executive Officer (or his designate) shall give his written disposition within five (5) calendar days of the day date of such meeting. Failing settlement, either party may submit the matter to arbitration aforesaid meeting or within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 4.1 Any grievance or dispute which may arise between the District and any employee of the Association regarding the interpretation or application of any provision of the Agreement shall be settled according to the procedures set forth in this AgreementArticle. However, no grievance shall be initiated or entertained by the parties concerning questions of general classification and salary schedule. Inequities as a result of applying the salary and classification schedule may be grieved.
Step 1. The employee and/or Association Representative shall discuss a complaint or dispute with the Director of Maintenance within ten (10) calendar days, excluding holidays and weekends, after the event giving rise to the complaint, but the problem does not officially become a grievance is defined as until the Director has had an opportunity to satisfactorily resolve the complaint. The Director shall give a difference arising between the parties relating written answer to the interpretationAssociation and/or aggrieved employee not later than ten (10) calendar days, applicationexcluding holidays and weekends,
Step 2. If the Association or the employee is not satisfied with the written answer received from the Director, administration or if no answer has been given within the ten (10) calendar days, excluding holidays and weekends, the complaint may be made a grievance by reducing it to writing. The grievance shall set forth the nature of the complaint and shall specify the section or sections of the Agreement alleged violation of this Agreementto have been violated and shall be signed by an Association Representative and/or by the employee initiating the grievance. It shall then be present to the Superintendent or his designee(s) within ten (10) calendar days, including any question as excluding holidays and weekends, following the date that the reply to whether a matter is arbitrablethe oral discussion was due.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaintStep 3. If an employee has a complaintthe grievance still remains unadjusted, such complaint shall it may be discussed with their immediate Supervisor appealed in writing to the Committee within fourteen (14) calendar days after the circumstances giving rise to response of the complaint have originated Superintendent or occurredhis designee(s) was due. If The Committee or its designee(s) shall hold the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within hearing at the next regularly scheduled meeting of the School Committee and may render its decision in writing not later than five (5) days following the date of such hearing. If the grievance involves an Appointing Authority matter, and has not been resolved at the Principal or Superintendent level, as applicable, the Association may submit the grievance to arbitration and shall not submit the grievance to the School Committee. Any agreement reached between the District and the Association at any step of the grievance procedure is binding on all parties affected.
Step 4. Any dispute which has not been satisfactorily settled after the procedure set forth above has been exhausted may, at the request of either party, be submitted to arbitration within thirty (30) calendar daysdays from the date the final decision in Step 3 of the Grievance Procedure is due. The party wishing to refer the matter to arbitration shall so notify the other party in writing setting forth the matter to be arbitrated and requesting arbitration.
4.2 An employee covered by this contract may present a grievance and have such grievance heard without intervention by the Association representing said employee, provided that the Association is afforded the opportunity to be present commencing at Step 2 and the settlement made shall not be inconsistent with the terms of this Agreement. In such case, the employee may proceed and the District shall divide the costs connected with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisorthis proceeding. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement The Association shall be adjusted and settled as follows: The employee, with the assistance of furnished a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt copy of the grievance filed and a copy of the written reply hereto. Failure to process a grievance within the time limits established in writingthis Article presumes that it has been satisfactorily resolved at the last step to which it has been properly processed. Failing settlementIn the event that Representatives of the District do not answer within the time limits herein provided, the grievance may be appealed directly to the next step of the grievance procedure procedure. Time limits specified in preceding paragraphs of this article may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days extended by agreement of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedboth parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Step 1 A grievance must be presented in writing to the Human Resources Director or designee within twenty-one (21) calendar days from the time the employee knew or should have known of this Agreementthe occurrence giving rise to the grievance. If a nurse presents a grievance hereunder, the grievance shall include, to the best of the nurse’s understanding, a description of the problem and the contract provisions thought to be violated. A grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees pay shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor timely if received by the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor Medical Center within fourteen twenty-one (1421) calendar days after the circumstances giving rise to employee knew or should have known of the complaint have originated or occurredpayroll error. If In the immediate Supervisor is unable to adjust event of an issue concerning a complaint to their mutual satisfaction discharge, the issue must be presented within five seven (57) calendar days, the employee days following termination. The immediate supervisor’s or designee’s written reply is due within seven (7) calendar days of such presentation. A Step 1 meeting may proceed with the grievance procedure be held within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature filing of the grievance, in which case the remedy soughtimmediate supervisor's or designee's written reply is due within seven (7) calendar days after this meeting.
Step 2 If not resolved at Step 1, the issue may thereafter be presented in writing to the appropriate department/division head or his/her designee within ten (10) calendar days from receipt of the supervisor’s reply of the date such reply was due in Step
1. The department/division head or designee shall then meet within fourteen (14) calendar days with the nurse and a representative of the Association, if the nurse so desires, to resolve the matter, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision reply in writing five within seven (57) calendar days after the meeting.
Step 3 If not resolved at Step 2, the grievance may thereafter be presented in writing to the Regional Vice President of Patient Care Services or his/her designee for consideration and determination within ten (10) calendar days after receipt of the grievance in writing. Failing settlement, department/division head’s response or if the next step of the grievance procedure may be taken. In the event that the department/division head’s response in Step 1 is not satisfactoryreceived within that period, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply expiration of time allotted in Step 2 is givenfor the department/division head’s response. If no written request for arbitration is received The Regional Vice President of Patient Care Services or designee shall meet within such fourteen (14) calendar days with the nurse and a representative of the Association to resolve the matter and shall reply in writing within ten (10) calendar day perioddays after the meeting.
Step 4 If the grievance is not resolved at Step 3, the grievance shall be deemed Association may thereafter present it to have been abandonedan impartial arbitrator for determination by giving the Medical Center written notice within twenty-one (21) calendar days after receipt of the Step 3 reply of the Association’s intent to refer the matter to arbitration.
Appears in 1 contract
Samples: Professional Services
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. Both parties, and it is understood therefore, recognise that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust having a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the should inform his immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to supervisor verbally as quickly as possible and attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with resolve the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be takenproblem. In the event that the response in supervisor is unable to resolve the problem, the employee should not consider that he has a grievance until he has given his Section Head an opportunity to adjust his complaint. If such complaint or grievance is not settled to the satisfaction of the employee concerned within twenty-four hours or within any longer period which may be mutually agreed upon, the employee may then invoke the following progressive steps of the Grievance Procedure:
Step 1 is An employee shall submit his grievance, in writing, through a Union Xxxxxxx to his Branch Head, within seven full work days after the grievance arises. Within five work days, after receiving the grievance, the Branch Head shall hold a hearing and, within ten calendar days after the holding of the said hearing, he shall advise his decision, in writing, to the employee concerned and to the Union Xxxxxxx.
Step 2 Should the employee and/or the Union consider that a just settlement has not satisfactorybeen found they may, within five (5) calendar days from the date the decision was rendered in Step submit the grievance in writing to Vice President and General Manager Canada. Vice President and General Manager Canada or in his absence another member of the Canadian Senior Staff shall hold a hearing with the employee and the Union Committee within five calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) Within ten calendar days thereafter Vice President and General Manager Canada, or in his absence the designated Senior Staff Member, shall advise the Company’s final decision in writing to the employee concerned and the Union. General 1 If the decisions as announced by British Airways’ officials under the Grievance Procedure, Article are not appealed within the time limits prescribed herein, the decision of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is givenBritish Airways’ officials shall become final and binding. If no written request for arbitration is received the Company fails to make a decision within such ten (10) calendar day periodthe time prescribed, the grievance shall be deemed to have been abandonedconceded. Time limits may be extended by written mutual agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes An employee having a complaint should first take it up verbally with his immediate supervisor, giving him the opportunity of this Agreement, adjusting the condition causing the complaint before lodging a grievance. The employee request his Union Xxxxxxx to be present when taking up a complaint with his Supervisor. A grievance is defined as may arise only from a difference arising between the parties relating to dispute concerning the interpretation, ,application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees . A grievance shall be adjusted processed in accordance with the following steps, or as quickly set out in and Any request by an employee to discuss a complaint or grievance with his Union Representative will be granted within a reasonable period of time, without undue delay. The employee will be granted a reasonable period of time, without loss of pay, to discuss or file a grievance in the Union Office. STEP ONE grievances should, as far as is possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor identify the opportunity Article, clause or clauses of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall violated, describe the specific problems and he signed by the aggrieved employee. The grievance must be set out presented in writing by the Xxxxxxx to the Supervisor within ten working days of the incident giving rise to the grievance, or the time the employee becomes aware, or reasonably should have become aware of the incident. For grievances involving suspensionsor discharge refer to Article the aggrieved employee may be present at this and all subsequent discussions related to the grievance. The Manager Supervisor shall render his decision to the Xxxxxxx in writing giving reasons for his decision, within two (2) working days of Labour Relations receipt of the written grievance. STEP TWO If the decision of the Supervisor is not satisfactory the Committeeperson shall, within two (2) working days of receipt of the answer in STEP ONE, refer the grievance to the next level of management. The Company will deliver their meet with the Committeeperson within two (2) further working days to discuss the grievance. The Xxxxxxx be in attendance at this meeting. The Company will give its decision in writing five giving reasons for its decision to the Committeeperson within three (53) calendar working days after receipt the meeting was held. STEP THREE If the decision of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 Company is not satisfactory, ,the Committee Chairperson shall within five (5) calendar working days following of the decisionreceipt of the answer in STEP TWO, refer the grievance must be re-submitted to the appropriate Department Manager. The Department Manager will meet with the Plant Corninittee in five (5) further working days to discuss the grievance, Labour Relations (or designate) and will give its decision in writing giving reasons for his decision to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee Chairperson within five (5) calendar working days after the meeting has been held. The Xxxxxxx be present at this meeting. To avoid the necessity of receipt processing numerous grievances concerning the same subject or event, the Company will recognize Group Grievances provided that each aggrieved employee signs the grievance and the grievance is processed as provided in If either party has a complaint with respect to a representative of the grievance. Either other, or alleges that there has been a misrepresentation, violation or non-application of this Agreement, or of any of the provisions hereof, then either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations within thirty (or designate) shall give written disposition within five (530) calendar days of the day incident giving rise to the grievance give to the other notice in writing of such meetinggrievance. Failing settlement, either party may submit In the matter to arbitration within ten (10) calendar days after case of the reply in Step 2 is givenUnion such grievance be filed by the Corninittee Chairperson and for the Company by the appropriate Department Manager. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.Within three
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Both parties are encouraged to meet and resolve differences prior to initiating the following grievance process. The nurse may be represented by the Association at any step in the grievance procedure at the request of this Agreement, a the nurse. Probationary nurses may not grieve terminations. Any grievance is defined as a difference arising or dispute which may arise between the parties relating regarding the loss of any employment rights or benefits, or the application, meaning or interpretation of this Agreement shall be settled as described below:
Step 1: The nurse shall take up the grievance or dispute with the nurse’s manager by written notice within twenty-one (21) calendar days or its occurrence or twenty- one (21) calendar days of when the nurse could reasonably be expected to know of the occurrence or the dispute shall be waived. The manager shall meet with the nurse within fourteen (14) calendar days of receipt of the grievance in an attempt to settle the matter. The manager shall respond to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrablenurse within seven (7) calendar days after the meeting.
7.02 It is Step 2: If the mutual desire grievance has not been settled at Step 1, it may be presented in writing to the Manager of Human Resources within fourteen (14) calendar days of the parties hereto that complaints response from the manager. The Manager of employees Human Resources shall be adjusted as quickly as possible, schedule to meet with the grievant and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor grievant’s representative within fourteen (14) calendar days after the circumstances giving rise receipt of the grievance. Following this meeting, the Manager of Human Resources will respond within seven (7) calendar days in writing to the complaint have originated or occurredgrievant with a copy to the Association representative. Any Association grievances shall be introduced at this step. An Association grievance must affect a class of nurses (i.e., department, shift, classification) rather than an individual nurse.
Step 3: If the immediate Supervisor is unable grievance has not been settled at Step 2, it may be presented in writing to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure Chief Executive Officer within fourteen (14) calendar days following the decision of the immediate Supervisorresponse from the Manager of Human Resources. Any employee is entitled, upon request, The Chief Executive Officer shall schedule to have a CAW Committeeperson present with them when meeting meet with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy soughtGrievant, and the section or sections of Bargaining Unit Grievance Committee and/or the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five Association representative within fourteen (514) calendar days after receipt of the grievance in writinggrievance. Failing settlementFollowing this meeting, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, Chief Executive Officer will respond within five fourteen (514) calendar days following in writing to the decisionGrievant with a copy to the Chairperson of the Grievance Committee.
Step 4: If the grievance is still unsettled, the grievance must be re-submitted Association may request arbitration by written notice to the Manager, Labour Relations Hospital within thirty (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (530) calendar days of the day response from the Chief Executive Officer. These time limits may be extended by mutual agreement of such meetingthe parties. Failing settlement, either party may submit The arbitration proceeding shall be conducted by an arbitrator to be selected by the matter to arbitration Hospital and the Association within ten seven (107) calendar days after the reply in Step 2 is notice has been given. If no written request for arbitration is received within such ten (10) calendar day periodthe parties fail to select an arbitrator, the grievance Federal Mediation and Conciliation Service shall be deemed requested by either or both parties to have been abandonedprovide a list of five (5) arbitrators. Both the Hospital and the Association shall alternately strike names from the list until one name is remaining. The remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and arguments. Expenses for the arbitrator’s services shall be borne by the losing party as determined by the arbitrator. Each party shall be individually responsible for any compensation to its own representatives and witnesses and any other expenses it incurs, unless the parties mutually agree to share such other expenses. If either party desires a reported record of the proceedings, it shall pay the cost of the copy. The other party shall receive a copy of the transcript upon paying one- half the court reporter’s fee for providing a transcript to each party and to the arbitrator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 10.01 It is the mutual desire of the parties hereto that complaints of employees an employee shall be adjusted as quickly as possible, possible and it is understood that an employee has no grievance until they have first given their immediate Supervisor the an opportunity of adjusting their the complaint. .
(a) If an employee employee, or group of employees has a complaintcomplaint or questions involving the interpretation, such complaint administration or alleged violation of the collective agreement which they wish to discuss with the Company, they shall be discussed take the matter up with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction Supervisor, within five (5) calendar working days, excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days, from the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision date of the immediate Supervisoralleged occurrence giving rise to the complaint. Any employee is entitled, upon request, to have They may be accompanied by a CAW Committeeperson present with them when meeting with Xxxxxxx if they request such assistance. Management may also request the immediate Supervisor to attempt to adjust their complaintpresence of the Xxxxxxx.
7.03 A grievance (b) In the case of an employee properly arising under this Agreement shall a group grievance, the names of all affected employees must be adjusted and provided to the Company at the time of filing the grievance.
10.03 If such complaint or question is not settled as follows: The employeeto the satisfaction of the employee(s) concerned within three (3) working days, then the employee(s) with the assistance of a CAW Committeepersonthe xxxxxxx, if desiredrequired, must submit a written shall outline the grievance signed and dated by in writing, indicate the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy soughtarticle of the collective agreement involved, and the section or sections of the Agreement which are alleged to have been violated shall be set out in remedy sought. The employee(s) must sign the grievance. The Manager Such document must be submitted to the Human Resources Director within a period of Labour Relations will deliver their decision in writing five (5) calendar days after receipt working days, excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days, from the time the written reply of the grievance employee’s immediate Supervisor is received. After such discussion as is necessary, The Human Resources Director shall state in writingwriting their decision. Failing settlement, the next step of If the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, settled within five (5) calendar working days following after it has been submitted to the decisionHuman Resources Director the grievance may be taken to Step 111 as herein provided.
10.04 Failing settlement of the grievance as Step 11, the grievance must may be re-submitted to the Manager, Labour Relations (General Manager or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee designate within five (5) calendar working days of receipt excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days from the date of the grievanceHuman Resources Director’s reply at Step II. Either party The employee may have the assistance from outside the Hospital at this stage if desiredof a Union Xxxxxxx. The Manager, Labour Relations (General Manager or designate) designate shall give a written disposition response or meet to discuss the matter within five (5) calendar working days excluding Saturdays, Sundays and statutory holidays but not including
10.05 Failing a satisfactory settlement as provided in Article l0.04 at the request of the day of such meeting. Failing settlement, either party in writing, the grievance may submit the matter be referred to arbitration provided such a request is made within ten thirty (1030) calendar days after the reply decision of the General Manager has been rendered.
10.06 The time limits as prescribed in Step 2 is givenArticles 10, 11, 12 and 13 may be extended by mutual agreement of the parties in writing. If Such agreement will not be unreasonably withheld.
10.07 The Company will not rely on a specific disciplinary warning given to an employee where that employee has had no written request for arbitration is received further disciplinary warnings within such ten the twelve (10l2) calendar day periodmonths immediately following the specific disciplinary warning in question. With respect to suspensions, the grievance shall be deemed Company will not rely on a specific suspension given to have been abandoned.an employee where that employee has had no further suspensions within the twenty-four
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 .01 It is the mutual desire of the parties Parties hereto that complaints grievances of employees shall be adjusted dealt with as quickly speedily and effectively as possible, and it possible in accordance with the procedure outlined below.
.02 It is generally understood that an employee has no grievance until they have having a complaint shall first given their immediate give the employee's Supervisor the an opportunity of adjusting their complaintthe condition causing the complaint before lodging a formal grievance. If an employee has The Supervisor shall be afforded a period of up to two (2) working days, following notification of the employee’s complaint, such in order to address the complaint in question, prior to the filing of a formal grievance.
.03 A written grievance shall: specify the Article or Articles and subsections of the Collective Agreement of which a violation is alleged; contain a statement of the facts relied upon; indicate the relief sought; and, be signed by the employee and or a Committeeperson.
.04 A grievance is defined as an alleged violation of the Collective Agreement. Employee grievances shall be discussed with their immediate Supervisor within fourteen (14) calendar days after settled in the circumstances giving rise to following manner and all time limits specified in this Article shall be mandatory and may only be extended by mutual consent of the complaint have originated or occurred. If the immediate Supervisor is unable to adjust Parties:
STEP 1 A grievance must be submitted in writing by a complaint to their mutual satisfaction Committeeperson within five (5) calendar daysworking days from the occurrence, or from the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision employee’s knowledge of the immediate Supervisor. Any employee is entitled, upon request, occurrence giving rise to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision grievance shall be submitted to the Supervisor in writing question. The Supervisor shall give his answer, in writing, to the Committeeperson not later than five (5) calendar working days after receipt of the grievance was first submitted to the Supervisor.
STEP 2 If the Supervisor fails to give his answer to the grievance within the time limits set forth in writing. Failing settlementStep 1, or if the answer is unsatisfactory, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactoryCommitteeperson may, within a period of five (5) calendar days following the decisionworking days, refer the grievance must be re-submitted to a Step 2 meeting of the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Plant Committee person, the grievor(s) and the Union Grievance Committee Plant Manager or his designee, which meeting shall be held within a period of five (5) calendar working days of receipt from the date of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of request for such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.An authorized staff representative
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 1. It is the mutual desire intention of the parties hereto to establish the means for prompt and equitable settlement of disputes as to questions of fact that complaints may arise out of employees the application or interpretation of this Agreement. Whenever any labour dispute, controversy, grievance or other difference arises between the Company and the Union or between the Company and any of its employees, covered by this Agreement, as to the meaning, application or operation of any provision of this Agreement involving questions of fact, such matters shall be adjusted handled as quickly as possible, and it is understood that an employee has no grievance until they have per the following process:
Step 1 The griever shall first given their immediate Supervisor discuss the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor supervisor, either individually or together with a Union Representative, within fourteen (14) calendar days after of the circumstances giving rise alleged violation causing the complaint having taken place. The supervisor has fourteen (14) calendar days of having the complaint referred to them to address the complaint.
Step 2 In the case where the griever and the supervisor are unable to come to a satisfactory solution the griever may, within seven (7) calendar days of the end of step 1, present the complaint to the complaint have originated or occurredSuperintendent as a grievance with the meaning of the Agreement. If Such presentation of the immediate Supervisor is grievance shall be in writing, signed by the griever with sufficient detail in regards to the complaint, the area of disagreement, and proposed remedy so that the Superintendent should reasonably be able to understand the grievance. The griever, with a Union Representative, shall meet with the Superintendent for a discussion of the grievance within seven (7) calendar days from the submission of the written grievance. Following the date of this discussion, the Superintendent has fourteen (14) calendar days to address the grievance and respond in writing.
Step 3 In the case where the griever and the Superintendent are unable to adjust come to a complaint satisfactory solution, the griever, with a member of the Union Executive, may submit the grievance in writing to their mutual satisfaction the Operations Manager within five seven (57) calendar daysdays of the completion of step 2. The Operations Manager will arrange a conference composed of the Union Executive and management within seven (7) calendar days of receiving the written grievance. Following this conference, the employee may proceed with Operations Manager shall render a decision in writing to the grievance procedure Union Executive within fourteen (14) calendar days days.
Step 4 If the grievance is still not settled to the satisfaction of either the Union Executive or the Company after following the decision of the immediate Supervisor. Any employee is entitledforegoing procedure, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactorythen either party may, within five sixty (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (560) calendar days of the day date of such meetingthe Operations Manager's written decision, request that the matter be submitted to non-binding mediation and/or arbitration by the following procedures:
i. If both parties agree to proceed with non-binding mediation, a mediator will be selected acceptable to both parties. Failing settlement, either party may submit Expenses will be borne equally by the parties. The deadline for submitting the matter to arbitration will be extended to within ten sixty (1060) calendar days after of the reply in Step 2 is givencessation of the non-binding mediation action and/or the mediation decision. Cessation of mediation activities may be declared by written notice to either party.
ii. If no written request for arbitration the matter is received within such ten (10) calendar day periodsubmitted to arbitration, the grievance Union shall select one
(1) arbitrator, the Company shall select one (1) arbitrator, and these two (2) people shall select a third (3rd) person, and this three (3) person Board, the expense of which shall be deemed borne equally, shall hear both sides of the matter and render a decision in accordance with this Agreement, which shall be final and binding on both parties. Should the two (2) arbitrators fail to have been abandonedagree on the selection of a third (3rd) member to serve on the Arbitration Board within seven (7) days after their appointment, they shall request the Alberta Minister of Labour to submit the names of three (3) impartial persons, one (1) of whom shall be chosen by the process of elimination as the third (3rd) member of the board.
2. The Company agrees there will be no discipline, suspension or discharge of any of the employees covered by this Agreement without Just Cause.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes There shall be an xxxxxxx effort on the part of both parties to settle promptly any differences, disputes or complaints arising over the interpretation or application of this Agreement. For the purpose of adjusting grievances the Company shall recognize a Terminal Committee, not to exceed two members selected by the Union. The Union shall notify the Company in writing of the of the of the Terminal Committee. The Committee shall meet with the Terminal Manager or his representative as hereinafter provided, with no loss in pay when such meetings occur during working hours. The Union shall advise the Company in writing of all Local Union Officers involved in the grievance procedure. Joint meetings of the Terminal Committee with the Terminal Manager, or his representative, shall be held at least once a month, or as may be mutually agreed upon. At this meeting, an International or District representative of the Union may attend. If any employee (or employees) has (have) a grievance, it shall be taken up within five (5) working days for the after the circumstances giving rise to the alleged grievance, or should reasonably have knowledge of it. The Terminal Committee may submit the grievance in writing signed by the employee or employees and the Union President or his selected Union Officer, to the Terminal Manager or his replacement. The Terminal Manager or his replacement may designate an appropriate department head who shall meet with the Terminal Committee within ten working days of receipt of the grievance by the Terminal Manager or his replacement. The decision shall be delivered in writing within one week after the meeting has been held to discuss the said the grievance is defined not pursued within seven working days after the decision is rendered, the grievance is considered as settled or abandoned. Representatives of the International Brotherhood of Boilermakers, Iron Builders, Blacksmiths, Forgers and Helpers, A L and as designated by the Local Lodge, may submit the grievance to the designated Company Regional Officer with a copy to the Terminal Manager. a meeting is deemed necessary, the Local Lodge may be represented by one of members and a representative of the International Union. The Company shall be represented by a Regional and the Terminal Manager. Any meeting held will at the Terminal or other mutually acceptable location. The Company's decision shall be delivered in writing within one week after such presentation by the Union. Failing settlement under the above procedure of any difference arising between the parties relating to arising from the interpretation, application, administration or alleged violation of this Agreement, including any such difference or question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted taken to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is givenarbitration. If no written request for arbitration is received within such ten fifteen (1015) calendar day periodworking days after the decision in No. is rendered, it shall be deemed to have been settled or abandoned. If no nominee is named by the grieving party to the arbitration board within fifteen days after the written request for arbitration, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 8.01 For purposes the purpose of this Agreement, a grievance Grievance is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 8.02 The Grievance shall identify the nature of the Grievance, the remedy sought, and shall specify the provisions of the Collective Agreement which are alleged to have been violated.
8.03 At the time formal discipline is imposed an employee shall have the right to the presence of one of the Union Stewards described in Article 7.
01. If an employee is suspended or discharged, the Employer shall notify the Union in writing within five (5) calendar days following the date of suspension or discharge.
8.04 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, possible and it is understood that an employee has no grievance Grievance until they have first the Calian Operations Manager (the Operations Manager) has been given their immediate Supervisor the opportunity of adjusting their to adjust the complaint. If an employee has a complaint, such complaint shall be discussed with their the immediate Supervisor supervisor within fourteen five (145) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor Operations Manager is unable to adjust a the complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure Grievance within fourteen five (145) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintOperations Manager.
7.03 8.05 A grievance Grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: :
Step 1 The employee, with the assistance of a CAW CommitteepersonUnion Xxxxxxx, if desired, must submit a written grievance grievance, signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievanceOperations Manager, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations who will deliver their a written decision in writing five within seven (57) calendar days after receipt of following the grievance in writingday on which the written Grievance was presented. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within then: Within five (5) calendar days following the decisiondecision in Step 1, the grievance Union must be re-submitted submit the written Grievance to the Company’s Contract Manager, Labour Relations . Within ten (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (510) calendar days of receipt receiving a grievance, a meeting shall be held between the Contract Manager or designate, the Company site representative (the Operations? Manager), an official of the grievance. Either party may have assistance from outside Union, the Hospital Grievor and the Xxxxxxx at this stage if desiredwhich time the Grievance shall be discussed. The Manager, Labour Relations decision of the Contract Manager or designate shall be given in writing within seven (or designate) shall give written disposition within five (57) calendar days of the day of such following this meeting. The parties agree that these meetings may be held by teleconference or other electronic means.
8.06 Failing settlementsettlement under the foregoing procedure, either party may submit the matter to arbitration within ten thirty (1030) calendar days after the reply in decision under Step 2 is given. If no written request for arbitration is received within such ten thirty (1030) calendar day period, the grievance Grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes This Agreement sets forth the basic terms and conditions of this Agreementemployment, a grievance (and is defined as a difference arising intended to continue the present good relations) between the parties relating University, its employees and the PSSA; the representatives of both agree to make prompt and xxxxxxx efforts to settle grievances. No reprisals of any kind shall be taken against any MBU for filing or participating in any grievance. Except as otherwise provided herein, all grievances shall be handled as follows:
Step 1: The PSSA on behalf of the grievant and/or MBU grieving, shall submit the grievance to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration MBU’s identified manager within ten (10) calendar days after the reply in Step 2 is givenoccurrence first giving rise to the grievance. If no The written request grievance shall explain, as specifically as possible, the nature of the complaint, the contract provision and/or policy affected, the facts compelling a remedy, and the remedy sought. The manager shall have the option to meet with the grievant for arbitration is received clarification and resolution and/or to give a written answer to the written grievance within such ten (10) calendar day perioddays of receipt of the written grievance.
Step 2: If the matter is not settled at Step 1, the PSSA, within ten (10) calendar days after receipt of the written answer from the manager or within ten (10) calendar days after the answer is due, may request, in writing, a meeting with the identified Chief Human Resource Officer (CHRO) or the CHRO’s designee, to take place within seven (7) calendar days of said request. The grievant may attend this meeting at the request of either party. The written grievance must be copied to the Office of General Counsel and must state the reason the Step 1 decision is not satisfactory. The University’s final decision shall be given in writing within fifteen (15) calendar days after the meeting.
Step 3: If the PSSA is not satisfied with the disposition of the grievance by the CHRO or if no disposition has been made within fifteen (15) business days after the meeting, the grievance will be referred to the Federal Mediation and Conciliation Service (FMCS) for grievance mediation, which will begin as soon as can be mutually scheduled, but (subject to FMCS Mediator availability) no later than thirty (30) days after such referral. Any discussions or communications that occur between the parties during such mediation shall be deemed confidential and shall not be cited to or offered as evidence and admissible in any court or arbitration proceeding. The parties may, upon notice and mutual agreement in any given case, waive the requirements of Step 3 and proceed directly to Step 4.
Step 4: If settlement is not reached at mediation, the PSSA may, within ten (10) working days after the mediation’s closure (or, if mediation waived by the parties, within ten (10) working days of the date of the Step 2 decision’s issuance, or within ten (10) working days of the date that disposition should have been abandonedrendered, whichever is sooner), the grievance may be submitted by the PSSA to arbitration before an impartial arbitrator under the rules of the American Arbitration Association. Subject to those limitations stated herein, the appointed arbitrator’s decision shall be final and binding upon both parties. The arbitrator shall be selected pursuant to the rules and procedures of the American Arbitration Association whose rules shall likewise govern the arbitration procedure. The arbitrator shall not add to, subtract from, change or disregard any of the terms or provisions of this Agreement. The fees and other charges of the arbitrator shall be equally divided between the parties.
Appears in 1 contract
Samples: Professional Services
GRIEVANCE PROCEDURE. 7.01 For purposes Definition of this Agreement, a Grievance A grievance is defined shall be considered as a difference arising between the parties relating to in the interpretation, application, application or administration or alleged violation of this Agreement, including any question as . Nothing within the grievance definition or procedure shall prevent an Employee from discussing concern or complaint with Supervisor or Department Head. Settling of Grievances An xxxxxxx effort shall be made to whether a matter is arbitrable.
7.02 process and settle grievances fairly and promptly in the following manner: It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood agreed that an employee Employee has no grievance until they have has first given their immediate Supervisor the an opportunity of adjusting their complaint. If an employee has a complaint, such to adjust complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after of its occurrence or when they ought to have become aware of it. The Employee may request to meet with their Supervisor and is permitted to have a co-worker from their department present at the circumstances giving rise meeting. Prior approval is required to attend the meeting. The Employee has the option of making a written submission as an alternative to the meeting. The Employer will provide a written response to the complaint have originated or occurred. If the immediate Supervisor and if no satisfactory answer is unable to adjust a complaint to their mutual satisfaction received within five seven (57) calendar daysdays from the time it was first discussed with the Employee’s immediate Supervisor, the employee Employee may proceed with to Step of the grievance procedure procedure. Failing satisfactory settlement at the complaint stage the Union may present the grievance to the appropriate Supervisor within fourteen seven (147) calendar days following the decision of at the immediate Supervisorcomplaint stage. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A The grievance of an employee properly arising under this Agreement shall be adjusted in writing on a mutually approved form and settled as follows: The employee, with shall include the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, redress sought and the section or sections of the Agreement which agreement that are alleged to have been violated shall be set out in the grievanceviolated. The Manager of Labour Relations will Supervisor shall deliver their decision in writing five within seven (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (57) calendar days following the decision, presentation of the grievance must be re-submitted to Failing satisfactory settlement at Step the Union may present the grievance to the ManagerAdministrator, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations in writing within seven (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (57) calendar days of following receipt of the grievance. Either party may have assistance decision at Step A meeting will be held within seven (7) calendar days from outside receipt of the Hospital at this stage if desiredgrievance between the Administrator, or designate, and the Union. The Managerdecision of the Administrator, Labour Relations (or designate) , shall give written disposition be delivered in writing within five seven (57) calendar days of the day of such meeting. Failing settlement, satisfactory settlement at Step either party may submit refer the matter grievance to arbitration within ten thirty (1030) calendar days after following receipt of the reply in decision at Step 2 is givenPolicy Grievance The Union may file a grievance alleging violation, misinterpretation or of any provision of this Agreement. If no written request for arbitration is received within such ten (10) calendar day period, Such a grievance will be submitted at Step Two of the grievance shall be deemed to have been abandoned.procedure by the President of the Local or designate. Attendance at Grievance Hearings
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar ten working days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar ten working days, the employee may proceed with the grievance procedure within fourteen (14) calendar ten working days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson Union Xxxxxxx present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 . A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW CommitteepersonUnion Xxxxxxx, if desired, must submit a written grievance grievance, signed and dated by the employee, to The Manager of Labour Relations or designatetheir Supervisor. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations Supervisor will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within Within five (5) calendar days following the decisiondecision under Step No. the employee, with the assistance of the Union Xxxxxxx, if desired, must submit the written grievance to the Department Head (or their designate) who will deliver a decision in writing within five calendar days of receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, the next step in the grievance procedure may be taken. Within five calendar days following the decision under Step No. the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee personXxxxxxx, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) fifteen calendar days after the reply in Step 2 3 is given. If no written request for arbitration is received within such ten (10) calendar fifteen day period, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) fourteen calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar calendar. days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson Union Xxxxxxx present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 . A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW CommitteepersonUnion Xxxxxxx, if desired, must submit a written grievance grievance, signed and dated by the employee, to The Manager of Labour Relations or designatetheir Supervisor. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations Supervisor will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within Within five (5) calendar days following the decisiondecision under Step No. I, the employee, with the assistance of the Union Xxxxxxx, if desired, must submit the written grievance to the Department Head (or their designate) who will a decision in writing within five calendar days of receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, the next step in the grievance procedure may be taken. Within five days following the decision under Step No. the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee personXxxxxxx, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour -Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 3 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes The Union or any member of this Agreementthe Bargaining Unit shall have the right to present his or her grievance in accordance with the procedure described herein, containing the steps set forth below, with or without a grievance is defined as representative of the Union, free from interference, coercion, restraint, discrimination or reprisal. In order to facilitate the prompt handling of grievances, any employee alleging a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no Agreement must file his grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen ten (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (510) calendar days of receipt the alleged violation except in the case of discharge and/or suspension, which time limit for submission of the grievance shall be ten (10) days from the notice provided below. Any grievance not responded to within the time limits contained herein Article 14 from the last response of the Employer shall be deemed to be settled on the basis of the last decision made and shall be eligible for further appeal only by mutual consent. Failure of any employee and/or the Union to submit a grievance within the time limits below shall be an absolute waiver of the particular grievance. Either party The time limits stated herein of Article 14 may have assistance from outside be extended by mutual agreement between the Hospital at this stage if desiredEmployer and the Union. The Manager, Labour Relations (Employer shall notify the Union in writing of all discharges or designate) shall give written disposition suspensions of employees within five (5) calendar days of the day effectiveness of such meetingdischarge or suspension, together with reasons therefore. Failing settlementIf the Union desires to contest any suspension or discharge, either party may submit it must notify the matter to arbitration Employer in writing within ten (10) calendar days after receipt of notice from the reply in Employer. A grievance meeting regarding the termination of an employee shall automatically be submitted to the third (3rd) step of the grievance procedure.
Step 2 is given1: The aggrieved employee, either with or without his Union Xxxxxxx, shall meet with his department supervisor or his designated representative to discuss the grievance. If no satisfactory agreement is reached among them, then the grievance shall be reduced to writing and within five (5) calendar days of the meeting be submitted to Step 2.
Step 2: The Union’s Shop Xxxxxxx or the Union’s designated representative shall submit the written request for arbitration is received grievance to the Human Resources Manager. A meeting between the aggrieved employee, the Union’s Shop Xxxxxxx, and the Department Manager or his designated representative shall be held within such ten (10) calendar day period, days of receipt of the written grievance. The Department Manager shall give his written answer within five (5) calendar days from the meeting.
Step 3: If the grievance is not settled at Step 2, it shall be deemed submitted to have been abandoned.Step 3 within ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a Section 1. A grievance is defined as a difference arising dispute between the parties relating Employer and the Union or any employee with regard to the interpretation, application, administration application or alleged violation of any of the expressed terms and provisions of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto Section 2. A grievance that complaints of employees may arise shall be adjusted as quickly as possible, processed and it is understood that an settled in the following manner:
Step I. An employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee who has a complaint, such complaint grievance shall be discussed with their immediate Supervisor notify orally the employee's Department Head within fourteen seven (147) calendar days after the circumstances occurrence of the event giving rise to the complaint have originated or occurredgrievance. The Department Head shall investigate the grievance and shall issue a decision in writing within a period of seven (7) calendar days. The failure of the Department Head to issue a written decision within said seven (7) calendar days shall be deemed a denial of the grievance and may be appealed to the next step.
Step II. If the immediate Supervisor grievance is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysnot settled in Step I, the aggrieved employee may proceed with present the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five to the City Manager within seven (57) calendar days after receipt the answer of the Department Head was given or was due, whichever is later. The grievance in writing. Failing settlement, shall be signed by the next step employee and shall state specifically the facts of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) alleged violation and the Union Grievance Committee within five (5) calendar days of receipt provisions of the grievance. Either party may have assistance Agreement that are in dispute, together with a statement from outside the Hospital at this stage if employee specifying what relief or remedy is desired. The Manager, Labour Relations City Manager shall investigate the grievance and issue a decision in writing within a period of seven (or designate) shall give written disposition within five (57) calendar days days. The failure of the day of such meetingCity Manager to issue a
Step III. Failing settlementIf the grievance is not settled in Step II, either party the Union may submit the matter appeal to arbitration arbitration. The Union shall within ten (10) calendar days after from the reply date that the City Manager's answer was given or was due, whichever is later, request arbitration by written notice submitted to the City Manager, and signed by the Union. When a timely request has been made for arbitration, a representative of the Employer and the Union shall attempt to select a mutually agreeable arbitrator to hear and determine the grievance. If the representatives of the parties are unable to agree upon the selection of an arbitrator within seven (7) calendar days of the Employer's receipt of the arbitration notice, the Union may request the Public Employment Relations Board to submit a list of five (5) grievance arbitrators all of whom shall reside in the State of Iowa. Upon receipt of the list, the parties' designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list and the fifth and remaining person shall act as the arbitrator.
Section 3. Whenever an individual employee has a grievance as set out above, the employee is entitled to be represented by the Union if the employee so chooses, at any Step of the proceedings and must be represented by the Union in Step 2 is givenIII. If no written request for arbitration is received The Union may also process the grievance on its own.
Section 4. The failure of an employee, or the Union, to appeal a grievance to the next step within the applicable times specified above, shall bar an employee and the Union from appealing the grievance further, and any such ten (10) calendar day period, the grievance shall be considered as abandoned and finally settled.
Section 5. The failure by the Employer to reply within the applicable times as specified above, shall be deemed a denial of the grievance which may then be appealed by the employee or the Union to the next step.
Section 6. Time limits referred to above may be waived or extended at any time by mutual agreement between the Employer and the aggrieved employee and the Union, in writing.
Section 7. An arbitrator selected pursuant to the above provisions shall schedule a hearing on the grievance and, after hearing such evidence as the parties desire to present, shall render a written opinion and award within twenty (20) working days, unless an extension of time is granted by the parties. The arbitrator shall have been abandonedno authority to add to, subtract from, modify or amend any terms of this Agreement. The arbitrator shall have no authority to substitute the arbitrator's discretion for that of the Employer in any matter reserved to the Employer by law or the terms of this Agreement. A decision of the arbitrator within the scope of the arbitrator's authority shall be final and binding upon the Employer, the employee, and the Union. Any decision rendered shall not be retroactive, beyond the date on which the alleged grievance occurred.
Section 8. The arbitrator shall not have the power, the authority, or the jurisdiction to accept or decide any grievance which involves a matter within the jurisdiction of the Civil Service Commission (Chapter 400, The Code, Civil Service, as amended).
Section 9. The Employer and the Union shall share equally any joint cost of the arbitration procedure, such as the fees and expenses of the arbitrator, the court reporter, if one is desired by the arbitrator, and the cost of a hearing room and transcript. Any other expenses will be paid by the party incurring them.
Section 10. If an employee pursues a grievance in any forum other than pursuant to the grievance procedure set forth above, then a grievance shall not be processed pursuant to this grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement27.01 Employees who feel that they have been unjustly dealt with by the Company, a grievance is defined as a difference arising between or complaints raised by employees concerning the parties relating to the interpretation, application, administration interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees collective agreement shall be adjusted as quickly as possibledealt with in the following manner:
Step 1 Within fourteen (14) calendar days from the cause of grievance, and it is understood that an employee has no the employee, Local Chairperson or authorized committee member may present the grievance until they have first given their immediate Supervisor in writing to the opportunity of adjusting their complaint. If an employee has Assistant Superintendent, who in turn, will provide a complaint, such complaint shall be discussed with their immediate Supervisor decision within fourteen (14) calendar days after from the circumstances giving rise date of receiving the appeal from the Union.
Step 2 Within forty-five (45) calendar days from receiving the decision at Step 1, the Regional Representative of the Union may appeal in writing to the complaint have originated or occurredCompany’s Sr. If Vice President for Western Canada (attention Labour Relations). The Regional Representative of the immediate Supervisor is unable to adjust Union can request a complaint to their mutual satisfaction within five meeting (5Joint Conference) calendar days, the employee may proceed with the grievance procedure Sr. Vice President of his/her designate within fourteen thirty (1430) calendar days following the decision of Union's Step 2 submission to review and discuss the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting grievance with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance aim of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with resolving the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designatedispute. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations Company will deliver their decision in writing five provide a final response within thirty (530) calendar days after receipt of the grievance in writing. Failing settlementparties’ Joint Conference, the next step of the grievance procedure may be taken. In the event that the response in Step 1 or, if a Joint Conference is not satisfactoryrequested, within forty-five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (545) calendar days of receipt of the grievance. Either party may have assistance from outside .
27.02 A grievance concerning the Hospital discipline or discharge of an employee will commence at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition Step 2 of the grievance procedure within forty-five (545) calendar days from the date the employee is notified of the day assessment of such meetingdiscipline. Failing settlementOn request, either party may submit the matter to arbitration within ten Regional Representative of the Union shall be provided with all evidence in the case.
27.03 The settlement of a dispute shall not under any circumstances involve retroactive pay beyond a period of ninety (1090) calendar days after prior to the reply in date that such grievance was submitted at Step 2 1 of the grievance procedure.
27.04 When a grievance other than one based on a claim for unpaid wages is given. If no written request for arbitration is received not advanced by the Union within such ten (10) calendar day periodthe prescribed time limits, the grievance will be considered as dropped. When the appropriate officer of the Company does not render a decision within the prescribed time limits with respect to such a grievance, the grievance will be advanced by the Union to the next step of the grievance procedure.
27.05 When a grievance which is based on a claim for unpaid wages is not advanced by the Union within the prescribed time limits, the grievance is considered as dropped. When the appropriate officer of the Company fails to render a decision on a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this Article shall not constitute a precedent or interpretation of the collective agreement by either party.
27.06 The time limits as set out in this Article may be deemed to have been abandonedextended by mutual agreement between the Union Representative and Company Officer at any step.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 11 Step 1 A grievance must be presented in writing to the Human Resources 12 Director or designee within twenty-one calendar days from the time the 13 employee knew or should have known of this Agreementthe occurrence giving rise to the 14 grievance. If a nurse presents a grievance hereunder, the grievance shall 15 include, to the best of the nurse’s understanding, a description of the 16 problem and the contract provisions alleged to be violated. A grievance is defined as a difference arising between the parties 17 relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees pay shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor timely if received by the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor Agency within fourteen (14) twenty-one 18 calendar days after the circumstances giving rise to employee knew or should have known of the complaint have originated or occurred19 payroll error. If In the immediate Supervisor is unable to adjust event of an issue concerning a complaint to their mutual satisfaction within five (5) calendar daysdischarge, the employee may proceed with the grievance procedure issue 20 must be presented within seven calendar days following termination. The 21 immediate supervisor’s or designee’s written reply is due within fourteen (14) 22 calendar days of such presentation. A Step 1 meeting may be held within 23 fourteen calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature filing of the grievance, in which case 24 the remedy soughtimmediate supervisor's or designee's written reply is due within 25 fourteen calendar days after this meeting.
27 Step 2 If not resolved at Step 1, the issue may thereafter be presented in writing 28 to the director or his/her designee within ten calendar days from receipt of 29 the supervisor’s reply of the date such reply was due in Step 1. The Page 20 of 121 Date Accepted / / Accepted by XXX Accepted by Employer 1 director or designee shall then meet within fourteen calendar days with the 2 nurse and a representative of the Association, if the nurse so desires, to 3 resolve the matter, and shall reply in writing within fourteen calendar days 4 after the section meeting.
6 Step 3 If not resolved at Step 2, the grievance may thereafter be presented in 7 writing to the appropriate next appropriate level of leadership for 8 consideration and determination within ten calendar days after receipt of 9 the department/division head’s response or sections if the department/division 10 head’s response is not received within that period, within ten calendar 11 days after the expiration of time allotted in Step 2 for the Agreement which are alleged to have been violated shall be set out in the grievance12 department/division head’s response. The Manager next level of Labour Relations will deliver their decision leadership shall 13 meet within fourteen calendar days with the nurse and a representative of 14 the Association to resolve the matter and shall reply in writing five (5) within ten 15 calendar days after the meeting.
17 Step 4 If the grievance is not resolved at Step 3, the Association may thereafter 18 present it to an impartial arbitrator for determination by giving the Agency 19 written notice within twenty-one calendar days after receipt of the grievance in writing. Failing settlement, the next step Step 3 20 reply of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted Association’s intent to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit refer the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedarbitration.
Appears in 1 contract
Samples: Professional Services
GRIEVANCE PROCEDURE. 7.01 For purposes It is the mutual desire of the Parties that differences arising from the application or administration of this Agreement, a grievance is defined as Collective Agreement a difference arising between the parties relating to the interpretation, application, administration whether or alleged violation of this Agreement, including any question as to whether not a matter is arbitrable.
7.02 ) shall be dealt with according to the terms of this Complaint and Grievance Procedure. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is generally understood that an employee has no grievance until they have she has first given their immediate Supervisor the Employer an opportunity of adjusting their to adjust her complaint. If an employee has a complaintan unsettled complaint regarding the interpretation, such application, administration or alleged violation of this Collective Agreement the employee will comply with the following complaint shall be discussed with their and grievance procedure: The employee will verbally refer the matter to immediate Supervisor supervisor within fourteen three (143) calendar days after the circumstances giving rise to the complaint have originated occurred, or occurredwhen it should have reasonably come to the attention employee. If The employee may be accompanied by a Xxxxxxx, if so requested. The supervisor shall render decision in writing within ten calendar days of the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysreceipt of the complaint. Failing settlement at the Complaint Stage, the Xxxxxxx the employee may proceed with the shall submit a completed written grievance procedure to her supervisor or designate. within fourteen ten (141 0) calendar days following the supervisor's decision of under the immediate Supervisor. Any employee is entitledComplaint procedure above, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement The supervisor or designate shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their render decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) Union Xxxxxxx and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration employee within ten (10) calendar days after presentation of the reply written grievance. Failing settlement at Step a Union Representative may within ten calendar days following the supervisor's decision in step above, schedule a meeting with the Employer's or designate. The Union Xxxxxxx the employee may be present at such meeting. Upon completion of this meeting, the Branch Manager or designate shall render decision within ten IO) calendar days. settlement at Step the grievance may be submitted to arbitration within fourteen (1 4)calendar days after the decision has been provided by the Employer's Manager or the designate as set out in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedabove.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes The Union may elect from among the employees who have been continuously employed by the Company for at least year, committee members for the purpose of negotiating amendments to or modification of any articles or provisions of this Agreement or for the purpose of assisting employees in presenting grievances to the Company as set forth in this Agreement. The Union may also elect from among the employees who have been continuously employed by the Company for at least year, stewards for the purpose of assisting employees in presenting grievances to the Company as set forth in this Agreement. The Union keep the Company notified in writing of the names of the committee members and stewards and the effective date of their appointment. It is agreed that committee members and stewards shall continue to their regular work in order lo maintain efficiency of production. However, in accordance with this understanding, should a member or xxxxxxx be requestedto assist an employee in presenting a grievance during working hours, will not leave work without first obtaining the permission of the supervisor and such permissionby the supervisor shall not be refused within a reasonable time period. It is also understood that a committee member or xxxxxxx shall not enter another department without first obtaining the permission of the supervisor of such department and notifying of the nature of the grievance and the involved. Prior to returning to own department, a committee member or xxxxxxx will report to supervisor. Any dispute or grievance is defined arising out of the interpretation or application of, or compliance with, the provisions of this Agreement shall be dealt with as follows: step The employee shall first discuss the complaint with the supervisor. Failing settlement, the employee, the xxxxxxx and shall meet in order to try to settle the said grievance. Failing settlement, the grievance be reduced to writing and presented to the supervisor. The employee shall be entitled to have the assistance of a difference arising xxxxxxx in preparing and presenting the grievance. It shall be optional to the Company to decline to consider any grievance, the alleged circumstances of which occurred more than working days prior to its presentation for employees working the day schedule and working days for employees working the day continuous schedule. The supervisorshall render a written decision within working days. The employee may appeal the decision within working days to the Department Manager, and shall be accompanied by a xxxxxxx or committee member. The Department Managershall render a decision within working days. Step The grievance may be submitted within working days to the Plant Manager to be taken up at a meeting arranged between Management and the Union Committee. A representative of the International Union shall be present at this step. The Company shall render its decision within working days thereafter. the procedure prescribed by Steps to herein fail to bring about a settlement between the parties relating with respect to the interpretation, application, administration administration, interpretation or alleged violation of this Agreement, including any question questions as to whether a matter is arbitrable.
7.02 It is , either xxxxx xxx, within working days after completion of Step notify in the other xxxxx of its desire to have the matter referred to a single impartial Arbitrator selected by mutual desire agreement of the parties hereto that complaints of employees shall be adjusted as quickly as possibleparties. If, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar working days, the employee may proceed with Company and the grievance procedure within fourteen (14) calendar days following Union fail to agree on an Arbitrator, they shall request the Minister of Labour of the Province of Ontario to nominate one. The decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted final and settled as follows: binding on both parties. The employee, with fees and expenses of the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated Arbitrator shall be shared equally by the employee, to parties hereto. The Manager parties recognize the arbitration provision under Section of the Ontario Labour Relations or designate. The nature Act and that either party may pursue the requirements of the grievance, the remedy sought, that legislation and the section or sections of the Agreement which are alleged to have been violated shall be comply with its provisions as set out in the grievancesaid Act. The Manager of Labour Relations It is agreed that a grievance arising directly between the Company and the Union shall be originated under Step Such grievance will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed taken up at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) Management and the Union Grievance Committee within five (5) calendar working days of receipt after the filing of the grievancegrievance by either party. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition A reply to such grievance must be given in writing within five (5) calendar working days of the day of following such meeting. Failing settlement, If the grievance is not resolved as a result of this meeting either party may submit refer the matter to arbitration in accordance with Article Step However, it is expressly understood that the provisions of this section may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute, and the regular grievance procedure shall not be thereby bypassed. An employee who is discharged or suspended, may present a grievance in writing within ten (10) calendar working days after through the reply in Step 2 is givenUnion Committee to Management. If no written request for arbitration is received within such ten (10) calendar day period, the Such grievance shall be deemed dealt with under the grievance procedure starting at Step It is understood that a probationary employee may be discharged for reasons substantially less serious than might justify the discharge of a regular employee who has acquired seniority. All cases of probationary employee discharge shall be discussed with the Union. The Company shall pay for all time lost from work in processing grievances all steps of the grievance procedure preceding arbitration. The Company shall also pay the Bargaining Committee for all time lost from work at negotiatingmeetings. The time shall be separately recorded as such on the employee's time card with the applicable coding inserted. Notwithstanding the above, the maximum payable by the Company shall be per year for each year of this Agreement to a maximum of for the life of the Agreement. The Company will provide the Union with a statement every six months as to the status of the above entitlement. A xxxxxxx shall be present at all disciplinary meetings involving an employee of the Company. The Union president (or another person so designated by the Union) shall receive a copy of all disciplinarynotations. The Company agrees to destroy all employees' disciplinary notation notices after a period of months from the issuance of such notation. The month period shall be extended to months if the employee a further disciplinary notation for the same offense within a month period. The Company shall make available (when requested by the Union) space in the plant for preparation of a grievance by the Union and an employee, provided said space is provided with supervisor's permission. No employee shall be terminated or discharged until hours have elapsed (excluding Saturday, Sundays and holidays) the notice to the employee to punch out and the actual notice of or discharge of that employee. An arbitrator shall not alter, add to, subtract from, modify or amend any part of this Agreement. The arbitrator shall, however, in respect to a grievance invoking the suspension or discharge of an employee, be entitled to modify or set aside such penalty, if, in the opinion of the arbitrator, it is just and equitable to do so. In calculating the amount of pay the employee is to receive if reinstated, the Arbitrator shall deduct therefrom any monies earned by the employee from other employment and Unemploy- ment Insurancebenefits receivedby the employee during the period of layoff, discharge or suspension and retained by the employee. When a grievance which affects the rates of pay of an employee is settled in a manner which involves a change in rate, such change shall be limited retroactively up to but not to exceed calendar days prior to the date on which the grievance was first in writing to the Company. At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties to have been abandoned.access to the plant lo view disputed operations and to confer with witnesses. ARTICLE
Appears in 1 contract
Samples: Collective Labor Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, including any question as to whether a matter is arbitrable.
7.02 28.01 It is the mutual desire of the parties hereto Employer and the Union to ensure that complaints and grievances of employees shall be are adjusted as quickly as possible, and it .
28.02 It is generally understood that an employee has no grievance until they have having a complaint shall first given their immediate Supervisor give the supervisor an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied with their complaint. If an employee has xxxxxxx when taking up a complaintcomplaint with the supervisor.
28.03 Any written dispute regarding the application, such complaint administration, interpretation or alleged violation of this Agreement shall be discussed considered a grievance. The grievance shall specify the article(s) of the Agreement of which a violation is alleged, contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with their immediate Supervisor in the following manner: The grievance must be submitted in writing within fourteen (14) calendar days after of the circumstances incident giving rise to the complaint have originated or occurred. If from the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision employee’s knowledge of the immediate Supervisor. Any employee is entitled, upon request, occurrence giving rise to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision supervisor shall give an answer, in writing writing, to the xxxxxxx no later than five (5) calendar days after the grievance is first submitted. If the supervisor fails to give an answer to the grievance within the time limit set forth in Step One, or if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance to the next step, Step Two. A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of Human Resources or their delegate and the Union Executive Committee, within seven (7) calendar days of the receipt of the grievance at Step Two. The Employer shall deliver its decision in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, writing within five (5) calendar days following the decisionStep Two meeting. If management fails to give an answer to the grievance within the time limit set forth in Step Two, or if the answer is unsatisfactory, the Union Executive Committee may refer the grievance must be re-submitted to the Manager, Labour Relations Director of Operations and the National Union Representative within fourteen (or designate14) to be discussed at calendar days who shall schedule a meeting to take place between the Manager, Labour Relations (or designate), the said Committee person, the grievor(sDirector of Operations and/or other designated management representative(s) and the National Union Grievance Representative and the Union Executive Committee within five twenty-one (521) calendar days. The Director of Operations shall deliver their decision, in writing, within seven (7) calendar days of receipt following the Step Three meeting.
28.04 The Union or the Employer may initiate a policy grievance at Step Two of the grievancegrievance procedure. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations Such grievance shall be filed within fourteen (or designate) shall give written disposition within five (514) calendar days of the day incident giving rise to the complaint or from the knowledge of such meeting. Failing settlementthe occurrence giving rise to the grievance.
28.05 The Union Executive Committee on behalf of an employee who is discharged or suspended for more than three (3) working days may file a grievance at Step Two of the grievance procedure within seven (7) calendar days of the discharge or suspension.
28.06 If a grievance is not settled at Step Three, either party may submit process the matter grievance to arbitration within ten (10) calendar days after in accordance with Article 29.
28.07 In the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day periodcase of discipline or termination of employment of a student and where the student grieves, the grievance Employer shall be deemed required to have been abandonedshow that it acted reasonably in disciplining or terminating the employment of the student.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Section 1. A grievance shall be any disagreement or dispute which arises concerning the application, meaning, or interpretation of this Agreement. The written grievance shall be filed using the procedure in Section 2.
Step 1. Any employee, with notice to the Union, or the Union on the employee's behalf may file a grievance is defined as in writing with his/her immediate supervisor, with a difference arising between the parties relating copy to the interpretationInstitution Personnel Director, applicationwithin thirty (30) calendar days of the alleged action or the date the employee and the Union knew or should have known of the alleged action; however, administration appeals of discipline or alleged violation discharge shall be pursuant to Article 21 - Discipline and Discharge. Grievances shall be submitted on the AFSCME Grievance Form. The immediate supervisor shall respond in writing to the grievance within fourteen (14) calendar days after receipt of this Agreementthe grievance to the employee, including any question as with a copy to whether a matter is arbitrablethe Union and the Personnel Director.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaintStep 2. If an employee has a complaintthe grievance remains unresolved at Step 1, such complaint shall it may be discussed with their immediate Supervisor appealed within fourteen (14) calendar days after the circumstances giving rise supervisor's response was due to the complaint have originated Superintendent. The Superintendent, or occurredhis/her designated representative, shall respond in writing to the employee, with copies to the Union and the Personnel Director, within fourteen (14) calendar days after receipt of the grievance. The Superintendent may submit the grievance to the medical staff committee for review and recommendations. Where this step is utilized, the Superintendent's response shall not be due until fourteen (14) days after the Superintendent's receipt of those recommendations.
Step 3. If the immediate Supervisor is unable grievance remains unresolved at Step 2, it may be appealed to adjust a complaint to their mutual satisfaction the Mental Health and Developmental Disability Services Division Administrator within five fourteen (514) calendar daysdays after the response was due at Step 2. The Administrator, or his/her designated representative, shall respond in writing within fourteen (14) days after receipt of the grievance.
Step 4. If the grievance remains unresolved at Step 3, the Union or the employee may proceed with appeal to the grievance procedure Department of Administrative Services Labor Relations unit within fourteen (14) calendar days following the decision receipt of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designateresponse at Step 3. The nature Department of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated Administrative Services shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five respond within fourteen (514) calendar days after receipt of the grievance grievance.
Section 3. Time limits may be extended by agreement of the parties confirmed in writing.
Section 4. Failing settlementThe Union or the grievant shall not expand upon the original elements and substance of the written grievance. However, the next step Union or the employee may modify the articles cited as being violated and the remedy requested prior to Step 3 of the grievance procedure Grievance Procedure.
Section 5. Any grievance, having progressed through the steps as outlined in this Agreement and remaining unresolved following Department of Administrative Services response, may be takensubmitted by the Union to arbitration for settlement. In the event that the response in Step 1 is not satisfactoryTo be valid, within five (5) calendar days following the decision, the grievance a request for arbitration must be re-submitted in writing and mailed or delivered to the Manager, Labour Relations Department of Administrative Services within fourteen (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (514) calendar days of the day receipt of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after response from the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedDepartment of Administrative Services.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 1. The Guild shall designate a committee of its own choosing, of not more than four members of the bargaining unit, to take up with the Employer any grievance arising under this Agreement, a . A grievance is defined as a any difference arising or dispute between the parties relating Guild, on its own behalf or on behalf of one or more bargaining unit employees, and the Employer, as to the interpretation, application, administration or alleged violation of this Agreement, including . A grievance does not include any question as to whether a matter is arbitrabledispute concerning renewal of this Agreement.
7.02 It is (a) The Employer agrees to meet with the mutual desire of the parties hereto that complaints of employees committee within seven (7) working days after request for such meeting. Efforts to adjust grievances shall be adjusted as quickly as possibleat a mutually agreed time at a suitable location, normally in the Employer’s main office. The Employer shall not be expected to agree to meetings during working hours for the Guild committee if the committee members are unable to effectively make up the time lost, on their own time, and it is understood that an employee has no grievance until they have first given their immediate Supervisor without violating overtime laws. In this event the opportunity of adjusting their complaint. If an employee has a complaint, such complaint meeting shall be discussed scheduled at the end of such employees’ shift.
(b) A grievance, in order to be timely, must be filed with their immediate Supervisor the Employer in writing within fourteen sixty (1460) calendar working days after the circumstances Guild knew or reasonably should have known of the events giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the except that a grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance concerning a discharge must be re-submitted to the Manager, Labour Relations within thirty (or designate30) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar working days of the day of such meetingdischarge. Failing settlement, either party may submit This time limit shall not apply to disputes concerning an employee’s pay.
(c) The Employer will reply to the matter to arbitration Guild in writing within ten (10) calendar workdays following the grievance meeting.
(a) Any grievance which arises during the term of this agreement, not satisfactorily resolved may be submitted to final and binding arbitration by the Guild within sixty (60) days after having been referred to the reply Employer as provided for in Step Section 2 above. Such arbitration shall be conducted pursuant to the voluntary labor arbitration rules of the American Arbitration Association (AAA), except that AAA shall be requested to furnish panels for selection of the arbitrator consisting solely of members of the National Academy of Arbitrators.
(b) The cost of such arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent or unless such party wishes to use a copy of the transcript.
4. It is givenunderstood for the purposes of the Article VI, “working day” is defined as Monday through Friday. If no written request for Any grievance not submitted in writing or submitted to arbitration is received within such ten (10) calendar day period, the grievance time limits above shall be deemed to have been abandoned. However, the time limits above may be extended by mutual consent.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 Section For purposes of this Agreement, the a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, Agreement including any question as to whether a matter is arbitrable.
7.02 . Section It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have has first given their immediate Supervisor supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor supervisor within fourteen five (145) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor supervisor is unable to adjust a complaint to their mutual satisfaction within five three (53) calendar days, days the employee may proceed with the grievance procedure within fourteen three (143) calendar days following the decision of the immediate Supervisorsupervisor, Immediate supervisor" for the purposes of this Collective Agreement means the first level of supervision outside of the bargaining unit. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A Section The grievance of an the employee properly arising under this Agreement shall must be adjusted and settled as follows:
Step 1: The employee, with the assistance of a CAW Committeeperson, if desired, employee must submit a written grievance grievance, signed and dated by the employee, employee to The Manager of Labour Relations or designateimmediate supervisor. The nature of the grievance, the remedy specific remedies sought, and the section or sections of the Agreement Agreement, which are alleged to have been violated shall violated, must be set out in the grievance. The Manager of Labour Relations immediate supervisor will deliver their decision in writing five within three (53) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken.
Step 2: Within three (3) calendar days following the decision under the employee must submit the written to the manager or designate. In Within three (3) calendar days of the event that receipt of the response grievance by the Employer, (or the Union in Step 1 the case of a policy grievance), a meeting shall be held to discuss the grievance. The must be present at this meeting (in a group grievance, a representative must be present), unless the is not satisfactory, hospitalized and it is to delay the meeting until the is available. A decision in writing shall be delivered by the party the grievance within five (5) calendar days following after the decision, meeting at the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meetingwas discussed. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in at Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall must be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a 7.1 A grievance is defined as a difference dispute or controversy arising between out of the parties relating to the interpretation, application, administration application or alleged violation interpretation of any provision of this Agreement, but shall not include any matter reviewable pursuant to any other law or procedure, including any question as the Civil Service Law and Section 75 thereof which shall apply to whether a matter is arbitrablethe discipline and discharge of employees.
7.02 It is 7.2 The procedure contained in this Article shall be the mutual desire exclusive method of resolving a grievance. The filing of a timely grievance at the initial stage shall be a condition precedent to arbitration, and the failure of the parties hereto that complaints employee or Union to appeal to the next stage within the time limits shall result in a dismissal of employees the grievance. The failure to answer a grievance in a timely fashion shall permit the grievant to appeal to the next stage as if the written decision had been delivered on the last day of the time limit. A grievance may be filed by an employee who is on a leave of absence or who has retired, but only if such grievance relates to an act or omission which is a recognized grievance under 7.1 and which occurred when the grievant was employed by the District.
7.3 Step 1. A written grievance, setting forth the provision of this Agreement involved, the time, date and circumstances of the alleged violation and the remedy requested, shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor submitted to the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor Assistant Chief within fourteen (14) fifteen calendar days after the circumstances act or omission giving rise to the complaint have originated or occurredgrievance. If The claim shall be promptly reviewed by the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, Assistant Chief with the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitledand his Union representative, upon request, to have and a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature resolution of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in a written decision denying the grievance. The Manager of Labour Relations , will deliver their decision in writing five (5) be issued by the Assistant Chief within fifteen calendar days after receipt of the grievance in writingwas submitted.
7.4 Step 2. Failing settlement, the next step of If the grievance procedure is not resolved, a written appeal may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee Board of Fire Commissioners within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) fifteen calendar days of the day of Assistant Chief's decision. The Board and Fire Chief shall consider the grievance in executive session at the next Board meeting, or the Board may set a time and date for a grievance hearing within fifteen calendar days after such meeting. Failing settlement, either party may submit The Chief and Board shall render a decision in writing concerning the matter to arbitration grievance within ten (10) fifteen calendar days of the meeting, or after the reply hearing if one is held.
7.5 Step 3. The Union may appeal a decision of the Chief and Board to final and binding arbitration by submitting a written appeal to the Chief and Board within fifteen calendar days following their decision. The matter will then be submitted by the Union to the Public Employment Relations Board for the selection of an arbitrator in Step 2 is givenaccordance with the PERB procedures. If The arbitrator may decide only one grievance (except for cases with common facts), he shall have no written request for arbitration is received within such ten (10) calendar day periodpower to add to, subtract from or modify any provision of this Agreement, and he may not award retroactive relief except in the grievance before him. All fees and expenses of the arbitrator shall be deemed to have been abandonedshared equally by the District and Union, but all other expenses shall be borne by the party incurring them.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 24.01 A grievance is a complaint involving the interpretation or application of any of the provisions of this Agreement, Agreement or a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood complaint that an employee has no grievance until they have first given their immediate Supervisor or group of employees for whom the opportunity of adjusting their complaintUnion is bargaining agent has, in any manner, been unfairly treated. If When an employee has a complaint, such the employee or a Union Xxxxxxx may present it to the employee’s immediate supervisor. If the complaint is not resolved, the grievance procedure outlined below should be followed:
Step 1: The Union shall present the grievance to the employee’s Second Line Supervisor. The grievance will be discussed with their immediate processed and a decision rendered within ten (10) working days of presentation by the Union to the employee’s Second Line Supervisor unless the time period is extended by mutual consent. If the grievance involves a discharge, the Union may omit Step 1 and submit the grievance directly to Step 2.
Step 2: The Union may next present appeal to the Director Level or a designated representative. Grievances so appealed will be processed and a written decision rendered within fourteen ten (1410) working days of receipt of appeal unless the time period is extended by mutual consent.
Step 3: The Union may next present appeal for adjustment to the Chairperson of the Bargaining Committee or a designated representative. Grievances so appealed will be processed and a written decision rendered within fifteen (15) working days of receipt of appeal unless the time period is extended by mutual consent.
24.02 Grievances must be presented initially within thirty (30) calendar days after of the circumstances giving occurrence which gave rise to the complaint have originated grievance. Notification of appeal shall be in writing at Steps 2 and 3 and shall set forth the act or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysoccurrence grieved, the employee may proceed with name or names of employees aggrieved where practical, the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, contract provision alleged to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeepersonbeen violated, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy soughtany, and the section or sections remedy requested. The specification of the Agreement which are additional contract provisions alleged to have been violated shall may be set out made in subsequent appeals up to the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt 3rd Step of the grievance in writingprocedure. Failing settlement, Written appeal must be received by the Company representative designated and authorized to handle grievances at Steps 2 and 3 within ten (10)
24.03 Disposition of any grievance not appealed within the specified time limits shall be considered final. Failure of the Company to process a grievance and render a decision within the specified time limit entitles the Union to appeal it to the next step of the grievance procedure procedure.
24.04 Employees may review at reasonable times their own personnel records, only those personnel records of their own that are maintained by their immediate supervisor. Upon the employee’s specific written request such personnel records may be taken. In reviewed by a Union Representative.
24.05 Once a Union representative has notified a Company representative of a grievance, the event Company will not discuss the matter with the individual employee or employees involved without first affording a representative of the Union an opportunity to be present, at a time and place mutually agreeable to the Union and the Company.
24.06 The Company recognizes the right of the Union to make a reasonable investigation of the circumstances surrounding any grievance and agrees to cooperate with the Union in such investigation.
24.07 Any individual employee or a group of employees may present grievances to the Company at any time and such grievances may be adjusted without the intervention of the Union as long as the adjustment is not inconsistent with the terms of the collective bargaining agreement, provided that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) Union has been given an opportunity to be discussed present at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedadjustment.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a Section 1. A grievance is defined as a difference arising between dispute by the parties relating to Union or a covered employee concerning the interpretation, application, administration application or alleged violation interpretation of a specific provision of this Agreement. Grievances may be initiated and pursued in the following manner using the Grievance Form in Exhibit B.
Step 1 The employee or union representative will present the grievance, including any question as on the official grievance form, to whether a matter is arbitrable.
7.02 It is the mutual desire employee’s immediate supervisor for adjustment within fourteen calendar days 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 they have first given their immediate Supervisor date on which the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances events occurred giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designategrievance. The nature Human Resources Department will simultaneously receive a copy of the grievance. An employee’s supervisor will respond promptly, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out but in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) no event more than fourteen calendar days after receipt of the written grievance.
Step 2 If a written grievance, as outlined in Step 1, has not been settled between the affected employee and the immediate supervisor, the grievance will be submitted in writingwriting to the facility director or designee, by the Union representative within fourteen calendar days. Failing settlementThe Human Resources Department will simultaneously receive a copy of the grievance. The facility director or designee will respond in writing to the Union representative within ten fourteen calendar days after receipt.
Step 3 If the grievance is not resolved, the Union or the affected employee may submit the grievance to the General Manager of Visitor Venues or their designee within fourteen calendar days from the receipt of the facility director or designee’s written response. The Human Resources Department will simultaneously receive a copy of the grievance. The General Manager will respond in writing within fourteen calendar days from receipt of the grievance.
Step 4 Should the parties fail to settle the grievance within seven calendar days from the date of submission to the General Manager of Visitor Venues, or their designee, it may be referred in writing within seven calendar days thereafter to a Board of Adjustment upon mutual agreement of the parties. The Board of Adjustment will consist of two members designated by the General Manager of Visitor Venues, and two members designated by the Union. Members of the Board of Adjustment will not be from any of the facilities or local union under the jurisdiction of this Agreement. The Board of Adjustment will convene within ten calendar days following referral of the grievance to hear evidence submitted by the parties involved. The Board of Adjustment will decide the issue by majority vote of its members within five calendar days following the hearing. A majority decision of the Board of Adjustment will be final and binding on all parties. The grievance will be considered unsettled in the event of a split decision.
Step 5 If the grievance is still unsettled, the Union will, within ten calendar days of the receipt of the decision of the Board of Adjustment, have the right to have the matter submitted to final and binding arbitration by submitting a written notice to the Employer’s Human Resources Director. In order to advance the grievance, the Union will request a list of seven arbitrators from the State of Oregon Mediation and Conciliation Services within ten calendar days from the request for arbitration. Upon the receipt of the list of arbitrators within fourteen days, both the Employer and the Union will have the right to strike three names from the list alternately; the last name remaining will be the impartial arbitrator. The Employer and the Union will flip a coin to determine who strikes first. The parties will make best efforts to schedule arbitration within six months of selecting and arbitrator. The fees and expenses of the arbitrator will be shared equally by the Employer and the Union. All other expenses will be borne by the party which incurs them. Each party will be responsible for compensating its own representative and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made. If the other party desires a copy, both parties will jointly share the cost of the transcript and all copies. The designated arbitrator will conduct a hearing, and then issue a decision which will be final and binding on the parties. The arbitrator will not have jurisdiction or authority to add to, subtract from, modify or in any way change the provision of this Agreement; establish new wage rates or change existing wage rates or rates for specific job classifications; or assume any responsibility of Management or of the Union. The Employer and the Union may, by mutual agreement, submit the grievance to mediation prior to proceeding to binding arbitration. The provisions of this Article will not be interpreted to require that the Union process any grievance through the grievance or arbitration procedure, which it believes in good faith, lacks sufficient merit. The time limits of this grievance and arbitration procedure will be strictly adhered to. The Employer will have the right to refuse to process or arbitrate a grievance which is not raised or processed within the above-described time limits. If at any step of the grievance procedure the Employer does not formally respond as provided herein, it will be assumed that the Employer has rejected the grievance and the next step of the grievance procedure will be available. The time limits of this grievance and arbitration procedure may be taken. In the event that the response extended or waived by mutual agreement, in Step 1 is not satisfactorywriting, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedparties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a grievance The Union and the Company agree it is defined as important that differences are brought forward quickly and that sincere efforts are made to resolve them without undue delay. If a difference arising arises between an employee and the parties relating to Company over the interpretation, ,application, administration or the alleged violation of this Agreement, including any question the employee and the immediate supervisor must first meet as soon as possible and attempt to whether a matter is arbitrable.
7.02 It is resolve the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaintdifference informally. If an employee deems it necessary, the employee may request to be accompanied by the Area Union Xxxxxxx. The employee may refer the difference to the Superintendent of Employee Relations if it concerns sensitive personal issues which the employee does not want to discuss with the immediate supervisor. If the difference has not been settled informally, or the employee has not received a complaintreply from the supervisor within five (5) days the employee will review it with the Area Union xxxxxxx who will advise the employee on whether to proceed to file a formal grievance. the employee decides to proceed, such complaint shall the difference will be discussed with their presented as a grievance to the immediate Supervisor supervisor or, in the case of sensitive personal issues, to the Superintendent of Employee Relations. All grievances must be in writing, signed by the employee and presented within fourteen five (145) calendar days after from the date the response has or should have been given and within twenty-one (21) days from the date the employee knew or should reasonably have known of the circumstances giving rise to the complaint have originated grievance. The employee and the Area Union Xxxxxxx will meet with the Manager, or occurreddesignate, and one other Company representativeto review, discuss and attempt to resolve the grievance. If the immediate Supervisor Area Union Xxxxxxx is unable to adjust a complaint to their mutual satisfaction absent, the nearest Area Union Xxxxxxx may attend. This meeting must occur within five (5) calendar daysdays of the presentation of the grievance and the employee must be given the written Company answer to the grievance within seven (7) days of the meeting, with a copy to the Area Union Xxxxxxx. If the grievance is denied, the employee may proceed answer must be accompanied by a written Company Grievance Report detailing the Company position and the facts it agrees with or disputes in connection with the grievance procedure within fourteen (14) calendar days following grievance. All settlements of differences during the decision of informal process or grievances at the immediate Supervisorfirst stage will be without prejudice or precedent to any future cases. Any employee is entitledFailing settlement at the first stage, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, after consultation with the Area Union Xxxxxxx, may wish to The Manager of Labour Relations or designate. The nature have the grievance considered at a meeting of the grievance, the remedy sought, and the section or sections Grievance Settlement Committees of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be takenparties. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decisionevent, the grievance must be re-submitted referred to both committees within seven (7) days after the ManagerCompany answer was given, Labour Relations (or designate) to be discussed should have been given, at the first stage accompanied by a meeting between written Local Union Grievance Report detailing the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) Local Union position and the Union Grievance Committee within five (5) calendar days of receipt of facts it agrees with or disputes in connection with the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.committees will meet every thirty
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes It is the mutual desire of the parties that complaints of employeesbe adjusted as promptly as possible. It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. An employee shall discuss his complaint, within eight (8) days of the alleged occurrence, directly with his immediate supervisor. The employee may, if he so desires, be accompanied by his Union Xxxxxxx. The immediate supervisor shall, following investigation, give his verbal reply within two (2) days after hearing the complaint, with the Union Xxxxxxx in attendance if the employee so desires. If the employee chooses to waive his right to be accompanied by a Union Xxxxxxx, he must waive such right in writing. Step If not settled, a grievance will be submitted on a standard grievance form within three (3) days to the immediate supervisor’s supervisororhis representative. Such grievance shall include: The date of submission. The grieving employee’s signature or if absent due to vacation, illness, etc. the Union on his behalf. The nature of the grievance. The remedy sought. The of the Agreement allegedly violated or the alleged occurrence said to have caused the grievance. The Chief Xxxxxxx, accompanied wishes by the appropriate Xxxxxxx, shall be given an opportunityto discuss the grievance with the immediate supervisor’s supervisor or his representative within three (3) days of submission of the grievance. The immediate supervisor’s supervisor or his representative shall give his decision in writing within two (2) days of the discussion. If not settled at Step and the immediate supervisor’s supervisor is someone other than the Department Head, the Griever and a maximum of three (3) members of the Grievance Committee shall, within five (5) days present the grievance to the Department Head or his designate who shall have five (5) days within which to meet with the Grievance Committee and reply in writing to the grievance. If not then settled, the grievance will, within three (3) days be submitted in writing by the Union Grievance Committee to the Chief Administrative Officer to be dealt with at a meeting to be held within fifteen (15) days of the submission. At Step meetings, the Union Grievance Committee shall be present. The Griever and/or National Union Representative may be present if requested by either Party. The decision of the Chief Administrative Officer, or the Union Grievance Committee in the case of a Corporation grievance, shall be given in writing within five (5) days after the meeting at which it was discussed. The decisions in Steps and shall specify the facts and reasons upon which the decision is based. Prior to a grievance being submitted to arbitration either party may request the assistance of Grievance Mediation Officer. If the parties utilize this process, the time limits for a grievance to proceed to arbitration will be suspended until the day after the grievance mediation meeting. In the event the grievance is not resolved in mediation the time limits will commence the day following said meeting. The parties will jointly share the cost of Grievance Mediation Officers services. If not then settled, the grievance may, within twenty (20) days be referred to Arbitration as follows:
(a) Written notice shall be given to the other party formally stating the subject of the grievance and, at the same time, nominating an Arbitrator. Within five (5) days after receipt of such notice, the other party shall name an Arbitrator. The Arbitrators representing the two (2) parties shall meet as soon as possible and will attempt to agree upon a Chairman of the Arbitration Board and failing such agreement within five (5) days after they have first met, either party may, within five (5) days request the Ministry of Labour for the Province of Ontario, to name such Chairman. Notwithstanding this article, the parties recognize that they may submit a matter to arbitration in the manner prescribed by Section of the Ontario Labour Relations Act. As soon as possible after the Arbitration Board has been completed by the selection of a Chairman, it shall meet and hear the evidence and representatives parties and shall render a decision as soon as possible, the intention being that all decisions shall be given within thirty (30) days Arbitration proceedings have commenced. The decision of the majority of such Arbitration Board shall be final and binding on both parties to the Agreement and in the event that it is not possible for the Board to reach a majority decision then the Chairman’s decision shall be final and binding. The Arbitration Board shall not have jurisdiction to alter or change any of the provisions in this Agreement or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement, . No grievance shall be submitted for Arbitration which does not involve a grievance is defined as a difference arising between the parties relating to question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, including any question as within fifteen (15) days of its receipt, give written notice to whether a the other party objecting that the matter is arbitrable.
7.02 It is the mutual desire not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the parties hereto Agreement. In such case, the Arbitration Board shall endeavour to decide that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor question before dealing with the opportunity of adjusting their complaintmatter on the merits. If an employee has a complaintHowever, such complaint decision shall not be discussed with their immediate Supervisor within fourteen (14) calendar days after permitted to delay the circumstances giving rise to the complaint have originated or occurredproceedings so that a further sitting is required. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysIn such case, the employee may Arbitration Board shall reserve judgement on the question or and proceed with the grievance procedure within fourteen (14) calendar days following matter on the merits. The Board in its award shall first deal with the question of and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitration Board shall not consider the matter further and the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations Corporation or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days in the case of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Managera Corporation Grievance, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedstand.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 10.01 Should differences arise between the Union or its employee members and the Company as to the manner and application of the provisions of this Agreement, a grievance is defined as a difference arising between the parties relating Union will not authorize, promote, direct, condone or encourage any strike, stoppage or suspension of work, any slowdown or other restriction of production, or interference with work in or about the Company's plant or premises, nor will employees take part in any such action.
10.02 The Company agrees not to lock out employees during the interpretation, application, administration or alleged violation term of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire 10.03 A Union Committee consisting of the parties hereto that complaints of four (4) regular employees shall be adjusted as quickly as possible, elected in a manner determined by the Union. The Union will keep the Company advised at all times of the names of the Union committee and it is understood that all shop stewards.
10.04 When an employee has no grievance until they have first is suspended, dismissed, or given written discipline, a Union committee member or shop xxxxxxx shall be present at the time of such action. The Union representative shall be one chosen by the employee and who is on shift.
10.05 An xxxxxxx effort will be made to settle all grievances or potential grievances promptly in the following manner. Grievances shall be taken up on Company time during regular working hours. Time limits may only be changed by mutual agreement between the Union and the Company. Shop stewards may initiate discussions with supervisors on any potential grievances within their immediate Supervisor the opportunity of adjusting their complaintdepartments. If an employee has this action does not solve the matter, a complaint, such complaint shall Union committee member will be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise allowed to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be takeninvestigate. In the event that a Union xxxxxxx or a Union committee member must leave their job in connection with the response matter, they shall first notify the supervisor as to what department they are going to and give an explanation why they are going. Permission to leave the department will be granted as promptly as possible but shall in Step 1 no case exceed one (1) hour. They must report to the supervisor in charge of the department they wish to enter before contacting any employee in that department; where the supervisor is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted available they may report to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedLead Hand.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes the purpose of this Agreement, a grievance is defined as a difference arising either between a member of the bargain- ing unit and the Association or between the parties relating to the interpretation, application, administration or alleged violation vio- lation of this Agreement, Agreement including any question as to whether a matter is arbitrable.
7.02 . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the pro- visions of the Collective Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right, upon request, to the presence of a Union Xxxxxxx. In the case of suspension or discharge, the Association shall inform the employee of this right in advance. If an employee is suspended or discharged, the Association shall notify the Union of such suspension or discharge in writing, within five (5) working days following the date of the suspension or discharge. It is the mutual desire of the parties hereto that complaints com- plaints of employees shall be adjusted as quickly as possible, possible and it is understood that an employee has no grievance until they have she has first given their her immediate Supervisor supervisor the opportunity of adjusting their her complaint. If an employee has a complaint, such complaint shall be discussed with their her immediate Supervisor supervisor within fourteen ten (1410) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the com- plaint is not resolved in the initial discussion, a face to face meeting shall be held at a location that is mutually agreeable which will not be at the home of the client and which is within the original time frame of ten (10) calendar days. If the immediate Supervisor supervisor is unable to adjust a complaint to their mutual satisfaction within five ten (510) calendar days, the employee may proceed with the grievance procedure within fourteen (14) ten calendar days following the decision of the immediate Supervisorsupervisor. Any employee is entitled, upon request, to have a CAW Committeeperson Union xxxxxxx present with them her when meeting with the immediate Supervisor supervisor to attempt to adjust their her complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes (a) The parties agree that the grievance procedure is intended to bring resolution to differences arising from the application of this Agreement, the collective agreement. Should a grievance is defined as a difference arising dispute arise between the parties relating to Board and any employee or the Union regarding the interpretation, application, administration operation or alleged violation application of this Agreementagreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, or should any other dispute arise, an xxxxxxx effort shall be made to resolve the dispute in the following manner without work stoppage.
7.02 It STEP 1 The aggrieved employee shall discuss the complaint with the immediate supervisor, with or without a representative of the Union present. Failure to follow this step shall not result in a technical objection denying the complaint.
STEP 2 Failing satisfactory settlement under Step 1, an employee who wishes to file a grievance must, within thirty (30) calendar days of the date when the employee became aware of the incident which is the mutual desire subject of the parties hereto that complaints complaint, provide the Union with a written statement of employees the particulars and redress sought.
STEP 3 Formal written grievances shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor submitted to the opportunity Superintendent of adjusting their Schools by the Union within forty-five (45) calendar days of receipt of the complaint. If an employee has The written grievance shall outline the particulars of the complaint and the redress sought. Prior to submitting a complaintgrievance, such complaint the Union will request a meeting with the Employer. The Employer will arrange a meeting with the DU administrator, the Union and other persons deemed essential by either party to resolve the dispute.
STEP 4 The Superintendent of Schools shall be discussed have fourteen (14) calendar days following receipt of the grievance to render to the Union a written decision on the grievance with their immediate Supervisor reasons for that decision.
STEP 5 The parties may mutually agree to non-binding mediation: DRAFT #2
(a) After receipt of the decision of the Superintendent of Schools, under Step 4 above, within fourteen (14) calendar days after either party may request that a Mediator be appointed to meet with the circumstances giving rise parties, investigate and define the issues in dispute and facilitate a resolution.
(b) The Mediator shall be appointed by mutual agreement between the parties.
(c) The purpose of the Mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged. During the proceedings, the parties shall fully disclose all materials and information relevant to the complaint have originated or occurredissue(s) in dispute.
(d) The expenses of the Mediator shall be equally borne by both parties.
(e) The grievance may be resolved by mutual agreement between the parties. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within Within fourteen (14) calendar days following of first meeting the decision parties, having considered the issue(s) in dispute and the terms of the immediate Supervisor. Any employee is entitledcollective agreement, upon request, to have the Mediator shall issue a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintreport including non-binding recommendations.
7.03 A grievance of an employee properly arising STEP 6 Failing satisfactory settlement under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (Step 4 and/or Step 5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration may, within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.fourteen
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 8.01 For purposes of this ofthis Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, Agreement including any question as to whether a matter is arbitrableArbitrable.
7.02 8.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have she/he has first given their his/her immediate Supervisor supervisor or designate the opportunity of adjusting their ofadjusting his complaint. If an Ifan employee has a complaint, such complaint shall be discussed with their his immediate Supervisor supervisor or designate within fourteen five (145) calendar days after the circumstances giving rise to the complaint have originated or occurred. If .If the immediate Supervisor supervisor or designate is unable to adjust a complaint to their mutual satisfaction within five within·five (5) calendar days, days the employee may proceed with the grievance procedure within fourteen five (145) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintsupervisor or designate.
7.03 A 8.03 The grievance of an employee properly arising under this Agreement shall should be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, employee must submit a written grievance grievance, signed and dated by the employee, or his designate in situations where it is impossible for the employee to The Manager of Labour Relations sign and date the grievance to his immediate supervisor or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall must be set out in the grievance. The Manager of Labour Relations immediate supervisor or designate will deliver their his/her decision in writing five within three (53) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within Within five (5) calendar days following the decisiondecision under Step No. 1, the employee must submit the written grievance must be re-submitted to the Manager, Labour Relations Administrator (or designate) to be discussed at a meeting between the Manager, Labour Relations (or his designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within Within five (5) calendar days of the day receipt of such the grievance by the Employer, (or the Union in the case of a policy ,grievance), a meeting shall be held to discuss the grievance. The griever must be present at this meeting. A decision in writing shall be delivered by the party receiving the grievance within five (5) calendar days after the meeting at which the grievance was discussed. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in at Step No. 2 is givengiven in writing. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 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 this Agreement, Agreement including any question as to whether a matter is arbitrable.
7.02 . It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, possible and it is understood that an employee has no grievance until they have he has first given their the employee's immediate Supervisor supervisor the opportunity of adjusting their the employee's complaint. If an employee has a complaint, such complaint shall be discussed with their the employee's immediate Supervisor supervisor within fourteen ten (1410) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor supervisor is unable to adjust a the complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen five (145) calendar days following the decision of the immediate Supervisorsupervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employeeemployee must submit a written grievance, with the assistance of a CAW CommitteepersonUnion xxxxxxx, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designatethe employee's immediate supervisor. The nature of the grievance, grievance and the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall sought should be set out in the grievance. The Manager of Labour Relations immediate supervisor will deliver their the decision in writing within five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step in the procedure may be taken. Within five days following the decision under Step the employee must submit the written grievance to the Department Head (or his designate), or where the Department Head is the immediate supervisor, then the appropriate senior director will receive the grievance. In a nursing the Director of Nursing or the employee's designate will receive the grievance. The appropriate above referred-to person will deliver a decision in within five (5) days of the employee's receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a and place suitable to both parties. Such meeting shall be with the Grievance Committee. Failing settlement, the next step in the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within Within five (5) calendar days following the decision, decision under Step the grievance must be re-submitted to the Manager, Labour Relations Executive Director (or his designate) ), to be discussed at a meeting between the Manager, Labour Relations Executive Director (or his designate), the said Committee person, the grievor(s) and the Union Grievance Committee Committee, including the within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage the meeting if desired. The Manager, Labour Relations Executive Director (or his designate) ), shall give his written disposition within five (5) calendar days of the day date of such meetingthe meeting or within ten (10) days of submission at the third step if no meeting is held. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the Mitten reply in at Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 13.01 Should a dispute arise between the Employer and an employee or the Union regarding the interpretation, application, administration, or violation of this Agreement, it shall be resolved by the grievance procedure in the manner set out below.
13.02 The Parties agree that it is desirable that any complaints or grievances should be addressed as quickly as possible. Employees are therefore urged to try to settle their complaints with their Supervisor as soon as possible.
13.03 The Parties to this Agreement recognize that Union representatives and the Stewards are the agents through whom employees shall process their grievances and receive settlement thereof. Except by mutual agreement between the Supervisor and the Grievance Chair, the xxxxxxx shall be the xxxxxxx who commenced the grievance.
13.04 Neither the Company nor the Union shall be required to consider or process any grievance which arose out of any action or condition more than twenty one (21) calendar days after the subject of such grievance occurred or twenty one (21) calendar days after the employee should reasonably have known of any action or condition. If the action or condition is of a grievance is defined as a difference continuing or recurring nature, this limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the parties Parties hereto relating to the interpretation, application, application or administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It 13.05 A “policy grievance” is defined as a grievance that involves a question relating to the mutual desire interpretation, application or administration of this Agreement. A policy grievance may be submitted by the parties hereto that complaints Union President or designate directly to the head of employees shall Human Resources or designate. A meeting will be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor scheduled to occur within fourteen (14) calendar days after of this submission and, typically, this meeting will include the circumstances giving rise Shop Xxxxxxx, grievor, Union President, Union national representative, Human Resources representative, Superintendent and the department head. The Company will respond to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction Union, in writing, within five seven (57) calendar days. Upon receiving the Company’s response, the employee may proceed with the grievance procedure Union will reply within fourteen (14) calendar days following with either a withdrawal or a request to advance to the decision next level. If the parties fail to settle the grievance at this stage of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decisionprocedure, the grievance may be referred to arbitration by either Party.
13.06 A “group grievance” is defined as a single grievance signed by a Xxxxxxx or a Union representative on behalf of a group of Employees who have the same complaint. A group grievance must be re-dealt with at successive stages of the Grievance Procedure, commencing with Step 1. The grievers shall be listed on the grievance form.
13.07 A grievance shall be submitted in writing to the Manager, Labour Relations Company within twenty one (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (521) calendar days of the day act or condition causing the grievance. The written grievance will have sufficient particulars to identify the facts of such meeting. Failing settlement, either party may submit the matter to arbitration complaint and the alleged breach of the collective agreement.
a) Step 1: The Company and the Union shall meet within ten fourteen (1014) calendar days after from the reply in Step 2 is given. If no written request for arbitration date the grievance is received by the Company. Typically this meeting will include the Shop Xxxxxxx, grievor, Human Resources representative and the grievor’s supervisor. The Company will respond to the Union, in writing, within such ten seven (107) calendar day perioddays. Upon receiving the Company’s response, the grievance Union will reply within fourteen (14) calendar days with either a withdrawal or a request to advance to the next level.
b) Step 2: The Company and the Union shall be deemed meet within fourteen (14) calendar days from the date the Company receives the Union’s reply from the Step 1 meeting. Typically this meeting will include the Shop Xxxxxxx, grievor, Human Resources representative, the grievor’s supervisor and the General Xxxxxxx of the department. The Company will respond to have been abandoned.the Union, in writing, within seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Definition of this Agreement, a Grievance A grievance is defined shall be considered as a difference arising between the parties relating to in the interpretation, application, application or administration or alleged violation of this Agreement, including any question as . Nothing within the grievance definition or procedure shall prevent an Employee from discussing concern or complaint with Supervisor or Department Head. Settling of Grievances An xxxxxxx effort shall be made to whether a matter is arbitrable.
7.02 process and settle grievances fairly and promptly in the following manner: Complaint It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood agreed that an employee Employee has no grievance until they have has first given their immediate Supervisor the an opportunity of adjusting their complaint. If an employee has a complaint, such to adjust complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after of its occurrence or when they ought to have become aware of it. The Employee may request to meet with their Supervisor and is permitted to have a co-worker from their department present at the circumstances giving rise meeting. Prior approval is required to attend the meeting. The Employee has the option of a written submission as an alternative to the meeting. The Employee will provide a written response to the complaint have originated or occurred. If the immediate Supervisor and if no satisfactory answer is unable to adjust a complaint to their mutual satisfaction received within five seven (57) calendar daysdays from the time it was first discussed with the Employee’s immediate Supervisor, the employee Employee may proceed with to Step of the grievance procedure procedure. Failing satisfactory settlement at the complaint stage the Union may present the grievance to the appropriate supervisor within fourteen seven (147) calendar days following the decision of at the immediate Supervisorcomplaint stage. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A The grievance of an employee properly arising under this Agreement shall be adjusted in writing on a mutually approved form and settled as follows: The employee, with shall include the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, redress sought and the section or sections of the Agreement which agreement that are alleged to have been violated shall be set out in the grievanceviolated. The Manager of Labour Relations will Supervisor shall deliver their decision in writing five within seven (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (57) calendar days following the decision, presentation of the grievance must be re-submitted to Step the Failing satisfactory settlement at Union may present the grievance to the ManagerAdministrator, Labour Relations (or designate) to , in writing within seven days following receipt of the decision at Step A meeting will be discussed at a meeting between the Manager, Labour Relations held within seven (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (57) calendar days of from receipt of the grievance. Either party may have assistance from outside grievance between the Hospital at this stage if desiredAdministrator, or designate, and the Union. The Managerdecision of the Administrator, Labour Relations (or designate) , shall give written disposition be delivered in writing within five seven (57) calendar days of the day of such meeting. Failing settlement, satisfactory settlement at Step either party may submit refer the matter grievance to arbitration within ten thirty (1030) calendar days after following receipt of the reply in decision at Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day periodPolicy Grievance The Union may file a grievance alleging violation, misinterpretation or of any provision of this Agreement, Such a grievance will be submitted at Step Two of the grievance shall be deemed to have been abandoned.procedure by the President of the Local or designate. Attendance at Grievance Hearings
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is defined as a difference arising between complaint raised by an employee against the parties relating to City or a complaint raised by the interpretationCity against the Union or an employee, application, administration involving the interpretation or alleged violation application of a specific provision of this Agreement, including any question as or a claim by an employee that the City or its management has taken disciplinary action without just cause. Such grievances shall be solved in the following manner: The aggrieved employee shall present the grievance orally to whether his/her immediate supervisor, or a matter is arbitrable.
7.02 It is management representative designated by the mutual desire employer, accompanied by a Union representative within fourteen (14) calendar days of the parties hereto that complaints alleged occurrence. The immediate supervisor or the employer designated representative shall give a written response within fourteen (14) calendar days of employees the Step One meeting. If the grievance is not settled in Step One, the employee or Union may present his/her grievance in writing to his/her Department Head. The written grievance shall give the nature of the grievance describing the violation, misinterpretation, or disagreement and the remedy sought. It must be adjusted as quickly as possiblesigned by the aggrieved employee and a Union representative, and it must be presented to the Department Head within fourteen (14) calendar days, after the date the immediate supervisor's answer is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaintreceived. If an employee has The Department Head shall give a complaint, such complaint shall be discussed with their immediate Supervisor written reply within fourteen (14) calendar days after the circumstances giving rise to written grievance was received. In case the complaint have originated or occurred. If the immediate Supervisor grievance is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysnot settled in Step Two, the employee or Union may proceed with present his/her grievance within fourteen (14) calendar days of receiving the Step Two response to the City Director of Human Resources. The written grievance shall document the nature of the grievance procedure describing the contract violation, misinterpretation, or disagreement and the remedy sought. The Director of Human Resources shall give a written reply within fourteen (14) calendar days after the written grievance is received. In the event the grievance is not settled at Step Three, either party must submit the matter to the Bureau of Mediation Services for assistance in resolution of the grievance prior to proceeding to arbitration. The timeline for submitting the BMS request must occur within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the Step 3 grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedresponse.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is shall be defined as a any difference arising between the parties relating to out of the interpretation, application, administration administration, or alleged violation of this the Collective Agreement, including any question as to whether a matter is arbitrable.
7.02 It is (A) In order to provide an orderly procedure for the mutual desire settling of grievances, the Employer acknowledges the right of the parties hereto that complaints Union to appoint, or otherwise select a Grievance Committee of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysmembers, who shall process any grievance in their department in accordance with the Grievance Procedure.
(B) The Employer shall recognize the Shop Stewards selected by the Union. Shop Stewards shall investigate and attempt to settle disputes before reaching the Grievance Committee.
(C) The Union shall notify the Employer in writing of the name of each Grievance Committee member and Shop Xxxxxxx before the Employer shall be required to recognize him.
(D) In order that the work of the Employer shall not be unreasonably interrupted, Shop Stewards are required to advise their Supervisor of their time of departure and return to their regular duties when acting as Shop Stewards.
(E) Should a dispute arise between the Employer and any employee(s) or the Union an xxxxxxx effort shall be made to settle the dispute fairly and promptly in the following manner:
Step 1: Within fifteen (15) working days from the date the employee became aware of the alleged violation of the Collective Agreement, the employee may proceed shall discuss the matter with his/her immediate supervisor with a view to resolving the issue. Failing settlement at this stage, all grievances and replies shall be put in writing in all further stages of the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintprocedure.
7.03 A Step 2: If the Shop Xxxxxxx and/or the grievance of an employee properly arising under this Agreement shall committee consider the grievance to be adjusted and settled as follows: The employeejustified, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed form will be submitted and dated by the grievor along with the Xxxxxxx will seek to settle the dispute with the employee's work site excluded supervisor/Department Head, with a copy to The Manager the Director of Labour Relations or designate. The nature Human Resources within ten (10) working days.
Step 3: If the grievance is not resolved within ten (10) working days of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged meeting referred to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision2, the grievance must may be re-submitted presented in written form to the Manager, Labour Relations Associate Superintendent - Human Resources. The Associate Superintendent - Human Resources will meet with the grievor along with his Union representative in an attempt to resolve the dispute.
Step 4: If the grievance is not resolved within ten (or designate10) working days of the meeting referred to be discussed at a meeting between the Manager, Labour Relations (or designate)in Step 3, the said Committee person, the grievor(sUnion may within ten (10) and the Union Grievance Committee within five (5) calendar working days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Managerwritten decision under Step 3, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit refer the matter to arbitration the Step 4 Hearing Committee composed of two (2) appointees from the Union and two appointees from the Employer. Union appointees will be at no cost to the Employer.
Step 5: Failing agreement being reached at Step 4, the Union may refer the dispute to Arbitration as per Article 14. The Union shall receive replies at each step within ten (10) calendar working days after and will proceed to the reply in Step 2 is given. If no written request for arbitration is received succeeding step within such ten (10) calendar day periodworking days if applicable unless mutually agreed to otherwise.
(F) The grievant shall have the right to be present at any step of the aforementioned procedure.
(G) Where a dispute involves a question of general application of interpretation or where a dispute involves five (5) or more employees, or dismissal of an employee, Steps 1 and 2 may be bypassed.
(H) Replies to written grievances shall be in writing at all stages.
(I) Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed.
(J) The Employer shall supply the necessary facilities for the grievance meetings.
(K) Employees together with their Shop Stewards shall have access to all information in their personnel file.
(L) If the grievant, Union or Management fails to process a grievance to the next step in the grievance procedure within the time limits specified they shall request an extension of the time limits in writing. Such requests shall not be deemed to have been abandonedunreasonably denied by the other party.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes Section 1. Registered Professional Nurses who feel aggrieved as a result of a dispute concerning a violation, misinterpretation, or misapplication of a specific provision of this Agreement may process this dispute in accordance with the procedure outlined herein. Only those items referred to above shall be defined as grievances for the purpose of this Agreement, . No settlement of a grievance is defined as presented by a difference arising between Registered Professional Nurse shall contravene the parties relating to the interpretation, application, administration or alleged violation provision of this Agreement, including any question as to whether a matter is arbitrablecontract.
7.02 It is the mutual desire of the parties hereto that complaints of employees Step 1. The matter shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed orally with their the employee’s immediate Supervisor supervisor within fourteen twenty (1420) calendar days after of the circumstances occurrence giving rise to the complaint have originated or occurredgrievance. If such discussion does not resolve the grievance, the immediate Supervisor is unable to adjust supervisor shall provide the grievant with a complaint to their mutual satisfaction written answer within five (5) calendar days of the discussion between the employee and his/her immediate supervisor, and such answer may be processed to the next step. ¶131. Step 2. Within five (5) days, exclusive of Saturdays and Sundays, from receiving the employee may proceed with final written answer from the employee’s immediate supervisor, the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted presented in writing to the Director of Health, who shall arrange for such meeting to make such investigations as are necessary to give his answer, in writing, within five (5) days, exclusive of Saturdays and settled as follows: The employeeSundays, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature receipt of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in . If this answer does not resolve the grievance, it may be processed to the next step. The Manager of Labour Relations will deliver their decision in writing ¶132. Step 3. Within five (5) days exclusive of Saturdays and Sundays, after receipt of a written answer from the Director of Health, the grievance may be submitted to the Director of Human Resources or his/her designee. The Director of Human Resources or his/her designee shall arrange such meeting and make such investigation required to give a written answer within fifteen (15) calendar days after receipt of the grievance in writingwritten grievance. Failing settlementIf this answer does not resolve the grievance, it may be processed to the next step of the grievance procedure may be takenstep. In the event that the response in ¶133. Step 1 is not satisfactory, within 4. Within five (5) calendar days following the decisiondays, the grievance must be re-submitted to the Managerexclusive of Saturdays and Sundays, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days transmittal of the day written answer by the Director of such meeting. Failing settlementHuman Resources or his/her designee, either party may submit request the matter Federal Mediation and Conciliation Service to provide mediation service. Should the grievance not be resolved at the mediation level, either party may request either the American Arbitration Association or the Alternative Dispute Resolution Center to provide arbitration service within ten seven (107) calendar days after of the reply receipt of notification from the mediator that he is unable to resolve the grievance.
Section 2. The authority of the arbitrator shall be limited to the interpretation and application of the provisions of this contract. The arbitrator shall have no right to add to, subtract from or delete or disregard any provisions of this Agreement. The decision of the arbitrator shall be final and binding on both parties. Any expenses incidental to arbitration, exclusive of attorney’s fees, shall be borne equally by both parties.
Section 3. Any grievance not filed or processed by the grieving party in Step 2 is givenaccordance with the time periods set forth above shall be deemed to be resolved and shall not be subject to further processing or to arbitration. If no written request for arbitration is received within such ten (10) calendar day periodthe City fails to respond to a grievance in a timely fashion, the grievance shall be deemed to have been abandonedbe denied at that particular step and the grieving party may proceed to the next step in accordance with its provisions. Prior to the expiration of any time period, the parties may mutually agree to extend the time period.
Section 4. Nothing in this Agreement shall prohibit the City from filing a grievance and processing same in accordance with the provisions hereof.
Section 5. Time limits specified in the preceding sections may be extended by written agreement of both parties.
Section 6. Any dispute involving discipline may be processed by the Registered Professional Nurse and/or her authorized representative including the Association, directly to Step 2 of the grievance procedure outlined above by submitting a written grievance in accordance therewith to the Director of Health and from that point forward the grievance shall be processed in accordance with the specified provisions of the grievance procedure hereof.
Section 7. Grievances may be processed directly with the party whose action resulted in the grievance and in such instances the previous steps of the Grievance Procedure may be omitted.
Section 8. Nothing in this Agreement or in this Article shall prohibit an individual employee from filing and processing, on her own, a grievance up through Step 3 in accordance with the procedures and mechanism prescribed by this Article. The phrase “filing a grievance on her own” means that the employee is not represented by CHCA during the grievance procedure. However, in such an instance, CHCA shall be fully informed of the filing of the grievance and of the results of all hearings in the grievance procedure. Settlements made between an individual employee and the City grievance in accordance with this Section shall not be contrary to the provisions of this Agreement, or establish a past practice or be recognized as a precedent which binds CHCA or the City. ¶141. The procedure established in this Article shall be the sole remedy for grievances under this Agreement.
Appears in 1 contract
Samples: Tentative Agreement
GRIEVANCE PROCEDURE. 7.01 18.1 For purposes the purpose of this AgreementContract, a grievance is shall be defined as an allegation of a difference arising misapplication or misinterpretation of a specific term of the Contract, or an appeal from a departmental suspension, or dismissal, or other departmental disciplinary action. Performance observation reports ("PORs") are positive or negative counseling provided to officers in writing and are not considered disciplinary action. Employees must sign PORs to acknowledge receipt and may issue a rebuttal statement within five (5) calendar days of receipt. The rebuttal statement shall be maintained with the POR in the employee's personnel file. The Chief and/or his designee will review any rebuttal statement, determine if the POR should be modified and notify the employee of his/her decision.
18.2 Any dispute between UPSEU/COPS Unit #104 and the parties relating City involving the interpretation or application of the terms of this Contract may be filed as a grievance within ten (10) calendar days of the event giving rise to the interpretationcomplaint. The grievance shall be in writing, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is setting forth the mutual desire section of the parties hereto that complaints of employees Contract involved, the specific violation, the proposed remedy, and shall be adjusted as quickly as possible, and it is understood that an employee has no handled in accordance with the procedure set forth below:
18.3 a. Step 1. The grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor submitted by Unit #104 to the Chief of Police. The Police Chief shall give his/her written answer to the Union within fourteen (14) calendar days of the receipt of the grievance. Step 2. If no satisfactory settlement is reached, the grievance may be submitted to the Director of Human Resources within seven (7) calendar days after the circumstances giving rise decision of the Chief of Police. The Director of Human Resources will make an effort to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with resolve the grievance procedure and shall give his/her written answer within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either Step 3. In the event the grievance is not settled in a manner satisfactory to both parties in Step 2 above, then either party may have assistance from outside has the Hospital at this stage if desiredright and authority to submit such grievance to the State Board of Mediation and Arbitration to arbitrate such dispute or grievance. The Manager, Labour Relations request to the State Board of Mediation and Arbitration must be made within twenty (or designate) shall give written disposition within five (520) calendar days of the day written decision of such meetingthe Human Resources Director prescribed by Step 2. Failing settlement, either party may submit the matter to arbitration within ten Any grievance involving a termination from employment or a suspension of fifteen (1015) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance or greater shall be deemed submitted to the American Arbitration Association (AAA) for arbitration. The parties shall share equally the fees and costs of the arbitration, exclusive of the parties' respective Attorneys' fees. The decision of the Board/AAA shall be final and binding on both parties and shall have been abandonedthe same force and effect as a judgment of law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, (a) Should a grievance is defined as a difference arising dispute arise between the parties relating to Employer and any employee(s) or the Union regarding the interpretation, application, administration intent or alleged violation application of this Agreementagreement, including an xxxxxxx effort will be made to resolve the dispute without any question as to whether a matter is arbitrablework stoppage.
7.02 It is Step 1: The aggrieved employee should discuss the mutual desire complaint with that employee’s immediate supervisor, with or without a representative of the parties hereto that complaints Union present and, if this does not resolve the complaint, the employee may appeal to each subsequent level of employees shall supervision. Human Resources or Union representatives may be adjusted as quickly as possibleenlisted to help facilitate the discussion.
Step 2: Failing satisfactory settlement under Step 1, and it is understood that an employee has no who wishes to file a grievance until they have first given their immediate Supervisor must, within thirty (30) calendar days of the opportunity date when the employee became aware of adjusting their complaintthe circumstances of the dispute, provide the Union with a written statement of the particulars and redress sought. If an employee has a complaintthe Union elects to file the grievance with the Division, such complaint shall be discussed with their immediate Supervisor they must do so in writing within fourteen (14) calendar days after of the circumstances giving rise expiration of the above period. Grievances shall be submitted to the Superintendent of Schools, with a copy to Human Resources – Labour Relations. The grievance shall outline the particulars of the complaint have originated or occurred. If and the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar daysredress sought.
Step 3: Failing satisfactory settlement at Step 2, the employee Union may proceed with request that the grievance procedure be reviewed by the Superintendent of Schools. Such requests must be submitted to the Superintendent of Schools within fourteen (14) calendar days following of receiving the Step 2 response. The Superintendent of Schools, or a Designate (such as an Assistant Superintendent or Executive Director), shall issue a formal response within twenty-one (21) calendar days of receiving the request.
Step 4: After receiving the decision of the immediate Supervisor. Any employee is entitledSuperintendent of Schools or Designate, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy soughtStep 3 above, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five failing satisfactory settlement, within fourteen (514) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either either party may have assistance from outside request that a Mediator be appointed to meet with the Hospital at this stage if desiredparties. The Managerparties must mutually agree to non-binding mediation for it to proceed. If one party rejects the request for mediation, Labour Relations they must advise the other party within fourteen (or designate) shall give written disposition within five (514) calendar days of the day request.
(i) The purpose of such meetingthe mediator is to investigate and define the issues in dispute and facilitate a resolution.
(ii) The Mediator shall be appointed by mutual agreement between the parties.
(iii) The purpose of the mediator's involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged. Failing settlementDuring the proceedings, either party the parties shall fully disclose all materials and information relevant to the issue(s) in dispute.
(iv) The expenses of the Mediator shall be equally borne by both parties.
(v) The grievance may submit be resolved by mutual agreement between the matter to arbitration within ten parties. Within fourteen (1014) calendar days after of first meeting the reply parties, having considered the issue(s) in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day perioddispute and the terms of the collective agreement, the grievance Mediator shall be deemed to have been abandonedissue a report including non-binding recommendations.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement31.01 The GUILD and the Company agree that Officers should seek to resolve, without undue delay, complaints on board the vessel. That notwithstanding, nothing shall preclude an Officer from escalating the complaint to the Company’s Fleet Personnel Department or GUILD, or to formalize the complaint into a grievance with the GUILD.
31.02 Officers who file complaints or grievances are expected to be prompt, precise and truthful. Deliberately making a false accusation is defined strictly prohibited.
31.03 Reprisal against Officers for filing a complaint or grievance, or for escalating a matter, when necessary, above the shipboard management, is strictly prohibited.
31.04 In the event a complaint arises as a difference arising between the parties relating to the interpretation, application, administration interpretation or alleged violation application of or in compliance with the provisions of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is without limiting the mutual desire generality of the parties hereto that complaints foregoing, a complaint in respect to wages, hours of employees work or conditions of employment of any Officer, there shall be adjusted as quickly as possibleno interruption or impeding of work, and it is understood that an employee has no grievance until the parties shall endeavour to settle the matter in the following manner: Step One:
(a) An Officer who believes they have first given their immediate Supervisor a complaint must discuss that grievance complaint with the opportunity of adjusting their complaint. If an employee has a complaintMaster, such complaint shall be discussed with their immediate Supervisor Chief Engineer, or appropriate Company Representative within fourteen ten (1410) calendar days after of the circumstances giving rise to Officer’s awareness of the complaint have originated or occurred. alleged occurrence,
(b) If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction satisfactory solution cannot be achieved within five a period not exceeding ten (5) calendar days, the employee may proceed with the grievance procedure within fourteen (1410) calendar days following from the decision date the alleged complaint was brought to the Company’ Representative’s attention, the Officer must submit their complaint, in writing, to the GUILD within ten (10) calendar days of the immediate SupervisorCompany’s response. Any employee is entitledStep Two:
(a) The GUILD, upon requestreceiving the written complaint from an Officer, shall confer or meet with a Company Representative within seven (7) calendar days to have try and resolve the matter.
(b) If a CAW Committeeperson present with them when meeting satisfactory solution cannot be achieved within a period not exceeding seven (7) calendar days from the date the GUILD conferred or met with the immediate Supervisor Company Representative, the GUILD shall formalize the complaint into a grievance and submit it to attempt the Company Representative within seven (7) days. Step Three:
(a) The parties shall meet or confer within ten (10) calendar days from the date the grievance is presented to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employeethe Company, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, in order to The Manager of Labour Relations or designate. The nature of discuss the grievance, the remedy soughtand, and the section or sections of the Agreement which are alleged if possible, to have been violated achieve a resolution.
(b) The Company Representative shall be set out render their decision, in the grievance. The Manager of Labour Relations will deliver their decision in writing five writing, within ten (510) calendar days after receipt of said meeting or discussion.
(c) If no settlement is reached within the grievance timelines indicated in writing. Failing settlement(b) above, either party must indicate its intention to proceed to arbitration by notifying the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, other party by email or registered mail within five ten (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (510) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days decision.
31.05 Notwithstanding any other provisions of the day Agreement, if the Company Representative fails or refuses to comply with any step or condition of such meeting. Failing settlementthe Grievance Procedure, either party may submit the matter grievance at once to arbitration within ten (10) calendar days after arbitration.
31.06 If there is a grievance which is the reply in Step 2 is givensame for a number of Officers of the Company, such a grievance shall be presented directly to a Representative of the Company. If no written request for resolution can be reached the matter may then be submitted to arbitration is received within as per Step Three. The results of such ten (10) calendar day periodarbitration shall be binding on the Company, the GUILD and all persons concerned with the particular grievance shall involved.
31.07 The time limits outlined in this Article may be deemed to have been abandonedextended by mutual consent, in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes The Company and the Union agree that the specifically designated grievance procedure shall be properly followed within the time limits provided. Whenever the term "grievance procedure'' is used in this Agreement it shall be considered as including the arbitration procedure. shall mean a complaint or claim concerning the discipline or discharge of this Agreementa seniority employee, or a grievance is defined as a difference arising between the parties relating dispute with reference to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether . Step No. (Verbal Complaint) No employee shall have a matter is arbitrable.
7.02 It is grievance until the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given discussed their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurredSupervisor. If the immediate Supervisor does not settle the matter to the employee's satisfaction, the employee may proceed to Step of the grievance procedure by filing a written grievance. The Company shall be under no obligation to consider or process a verbal complaint unless it has been made within ten (10) days from the time the circumstances upon which the complaint is unable based were known or should have been known by the The Supervisor shall respond to adjust a the verbal complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the 's grievance must be re-submitted in writing to the Manager, Labour Relations their Supervisor within twelve (or designate12) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the Supervisor's response at Step No. The written grievance shall set out the facts and issues giving rise to the grievance. Either party may have assistance from outside , the Hospital at this stage if article or articles of the Collective Agreement allegedly violated and the remedy desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed signed by the and the Xxxxxxx and dated. If a meeting is held at this step, the persons in attendance will include the and Xxxxxxx, the Supervisor and the Department Manager. The Supervisor will respond to have been abandonedthe written grievance within seven days of receipt of such grievance or of the meeting, if a meeting is held, and the giving of such answer will terminate Step No.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes A grievance is a charge by an employee or by the Union that management or supervisors have violated a specific provision of this AgreementAgreement or written personnel rules or written personnel policies of the District, a grievance is defined as a difference arising between with the parties relating exception of disciplinary actions taken pursuant to Article 27, which are not subject to the interpretation, application, administration or alleged Grievance Procedure. The Grievance Procedure is the process for bringing a violation of this AgreementMOU or written District policy to the attention of management. The Union may bring violations of the Xxxxxx-Xxxxxx-Xxxxx Act before the California Public Employment Relations Board (“PERB”), including but shall not double file both a grievance and a PERB charge for the same alleged violation. However, the Union will provide the District with at least thirty (30) days written notice before filing a PERB charge. The Union and District shall meet and confer regarding the issues in the anticipated PERB charge at least once during this period in an attempt to resolve the matter. The District agrees to toll the PERB six month statute of limitations during this meet and confer process. An employee has the right to be represented by any question as other person within the General Unit or a representative from Local 1902 during this process. Any reference to whether a matter is arbitrabledays in this article implies business days.
7.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an Step 1. An employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee who has a complaint, such complaint shall be discussed attempt to resolve it with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction supervisor within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisoroccurrence of the event giving rise to the complaint. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement The employee’s complaint shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance presented in writing. Failing settlement, The Supervisor shall respond to the next step of the grievance procedure may be taken. In the event that the response employee in Step 1 is not satisfactory, writing within five (5) calendar days following of that meeting. The written grievance must: • Identify the specific management act to be reviewed. • Specify how the employee was adversely affected. • List the specific provisions of the MOU that were allegedly violated, and state how they were violated. • Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. If a grievance is not presented or appealed within the time limits, it shall be considered settled on the basis of the preceding response. Should a supervisor fail to respond within the appropriate time limit, this shall not preclude the employee from appealing to the next step.
Step 2. If the grievance is not settled informally at Step 1, it must be presented in writing to the General Manager. The written grievance must: • Identify the specific management act to be reviewed. • Specify how the employee was adversely affected. • List the specific provisions of the MOU that were allegedly violated, and state how they were violated. • Provide the date of attempts at informal resolution and the name of the supervisor or individual involved. The grievance, inclusive of the information listed above, must be presented for review and written response within seven (7) days of the conclusion of Step 1. The General Manager, or his designee, shall meet with all parties at least one time, and conduct such investigations, using uninvolved third parties, as they deem appropriate. The General Manager shall respond in writing within thirty (30) days after the date the grievance is received.
Step 3. If the grievant is not satisfied with the results of Step 2, the Union may request on the employee’s behalf that the matter be submitted to non- binding arbitration or submitted for binding arbitration in matters of contract interpretation or major discipline outside of termination The employee cannot request non-binding or binding arbitration on his/her own. The request for arbitration shall be made in writing by the Union to the General Manager, within seven (7) days of the General Manager’s written response in Step 2. The District and the Union shall mutually agree upon an impartial hearing officer, or if they cannot agree, they shall request a list of at least 7 arbitrators from the State Mediation and Conciliation Service. The District and the Union shall alternatively strike names off the list until there is one arbitrator remaining, who shall serve as the arbitrator for the hearing, unless the District and the Union agree otherwise. The Union shall strike the first arbitrator from the list. The arbitrator shall issue proposed findings of fact, conclusions of law and a decision.
Step 4. Within seven days of the General Manager’s receipt of the arbitrator’s proposed findings, conclusions and decision, the grievance must be re-submitted to General Manager may adopt them, amend them or reject them and adopt the Managerresult from Step 2, Labour Relations (or designate) to be discussed at a meeting between another result as the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt final resolution of the grievance. Either party may have assistance from outside If the Hospital at this stage if desiredDistrict rejects or modifies the arbitrator’s proposed decision, the District shall pay the arbitrator’s costs in full. The ManagerIf the District adopts the arbitrator’s proposed decision, Labour Relations (or designate) shall give written disposition within five (5) calendar days the District and the Union will split the arbitrator’s costs evenly. At the outset of the day of such meeting. Failing settlementarbitration, either party may submit the matter arbitrator will be instructed to arbitration within ten (10) calendar days after bill the reply in Step 2 is givenDistrict and the Union evenly for the costs. If no written request the District is required to pay the entire costs for arbitration is received within such ten (10) calendar day periodthe arbitrator pursuant to this section, the grievance Union shall be deemed forward the arbitrator’s bill to have been abandonedthe District for payment.
Appears in 1 contract
Samples: Memorandum of Understanding
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, Any dispute alleging a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as Agreement (excluding jurisdictional disputes) shall be resolved in accordance with the procedure set forth herein. No grievance shall be recognized unless called to whether a matter is arbitrable.
7.02 It is the mutual desire attention of the parties hereto that complaints of employees shall be adjusted as quickly as possibleContractor by the Union, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise or to the complaint have originated or occurred. If Union by the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction Contractor within five (5) calendar daysworking days after the alleged violation was committed, and said grievance shall be reduced to writing on a “Standard Grievance Form” provided by the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision Administrator of the immediate SupervisorGeneral Presidents’ Ship Maintenance Agreement. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement Grievances shall be adjusted and settled as follows: The employee, with appealed to the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by next higher step within ten (10) working days after the employee, to The Manager of Labour Relations or designatemeeting in the lower step. The nature respective five- day and ten-day limits between grievance steps may be extended by mutual agreement of the grievance, the remedy sought, and the section or sections parties. Settlement of the Agreement which are alleged to have been violated shall grievances may be set out arrived at in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next any step of the grievance procedure may and shall be takenfinal and binding upon the Union and the Contractor. In Step 1: Between the event that Contractor and the response in Jobsite Representative Step 1 is not satisfactory2: Between the Contractor and the Business Representative of the local union Step 3: Between the Contractor or the Contractor’s Labor Relations Manager and the International Union Representative Step 4: If the parties are unable to effect an amicable settlement or adjustment of any grievance or controversy, within five (5) calendar days following the decision, the said written grievance must shall be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Joint Labor/ Management GPSMA Grievance Committee within five (for resolution. A decision rendered by the Grievance Committee shall be final and binding upon the parties. Step 5) calendar days of receipt :
A. Failure of the grievance. Either Joint Labor/Management GPSMA Grievance Committee to reach a decision shall constitute a basis for a submittal of the question by the moving party may have assistance from outside to the Hospital at this stage if desiredGPSMA Standing Arbitrator or his/her alternate (hereinafter referred to as “Arbitrator”). The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either moving party may must submit the matter grievance to arbitration within ten (10) the Arbitrator not later than 30 calendar days after the reply date of the failure of the grievance committee to render a decision. The Arbitrator shall coordinate with all parties in Step 2 is given. If no written request scheduling a mutually acceptable time and place for arbitration is received the hearing within such ten a reasonable time period.
B. The Arbitrator will issue his/her decision within twenty (1020) calendar day period, days from the grievance conclusion of the hearing or submittal of briefs. The decision of the Arbitrator shall be deemed final and binding on the parties. The Arbitrator shall have no authority to change, amend, add to, or detract from any of the provisions of this Agreement. The decision of the Arbitrator shall only apply to the involved project and shall not have been abandonedprecedent value beyond that project. The total cost of the arbitration, including the Arbitrator’s fees and expenses, shall be borne equally by the parties and shall be paid by the parties to the GPPMA Labor/Management Trust. The Trust in turn shall pay the fee and expenses of the Standing Arbitrator within thirty (30) days of the issuance of his/her decision.
Appears in 1 contract
Samples: u.s. Navy Ship Maintenance Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of this Agreement, a A grievance is defined to be any dispute arising under the terms of this collective bargaining agreement or any dispute regarding wages, hours, and working conditions as a difference arising between they relate to members of the parties relating bargaining unit or to the interpretationUnion.
Step 1: Any employee, applicationif he feels he has a grievance, administration shall discuss the matter with his supervisor before the end of his next regularly scheduled shift following the event, or alleged violation reasonable knowledge of the event, which gave rise to the grievance. If requested by the employee, his Xxxxxxx or Chapter Chairman may also be present. The supervisor shall provide an answer before the end of the next regularly scheduled shift of the grievant. For the purpose of this Agreementsection, supervisor shall be defined as:
a) Streets and Storm Drains Division, Water and Sanitary Sewer Division, Motor Pool Division, and Parks Maintenance Division: the Field Supervisor. In the absence of the Field Supervisor, or if the issue is not resolved, the employee may discuss the matter with the Superintendent.
b) Building Maintenance Division: the Superintendent of Building Maintenance.
c) Engineering Division: the Supervisory Technician. In the absence of the Supervisory Technician, or if the issue is not resolved, the employee may discuss the matter with the City Engineer. It is urged and encouraged that these discussions be on a friendly and informal basis and that every effort be made at this point to resolve the problem. If the grievance is not settled within the shift following the shift during which it was filed, it may proceed to Step 2.
Step 2: If the grievance is not settled at Step 1, it shall be reduced to writing, signed by the grievant, and submitted to the appropriate department director within ten (10) calendar days of the event, or reasonable knowledge of the event, which gave rise to the grievance. The written grievance shall identify the section of the contract which the employee believes was violated, contain a specific statement of facts as to what caused the grievance, and the remedies sought by the grievant. Step 3: Grievances not settled at Step 2 must be filed to Step 3 with the City Manager within seven (7) calendar days of the Step 2 answer. The City Manager (or his designated representative) shall schedule a meeting within fourteen (14) calendar days of the submittal to Step 3 and discuss the grievance with not more than three (3) representatives of the bargaining unit, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire grievant, the AFSCME Council or International Representative, and two (2) representatives of the parties hereto that complaints affected department. The decision of employees the City Manager on the grievance shall be adjusted as quickly as possiblegiven to the Chapter Chairman, Vice-Chairman, Secretary, Xxxxxxx, Grievant, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall be discussed with their immediate Supervisor Council or International Representatives within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision date of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaintmeeting.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, the Agreement including any question as to whether a matter is arbitrable.
7.02 . For the purpose of Articles and reference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it . It is understood that an employee has no grievance until they have has first given their immediate Supervisor supervisor the opportunity of adjusting their resolving complaint. The employee may be accompanied by Departmental Union Shop Xxxxxxx if so chooses. If an employee has a complaint, such complaint shall be discussed discuss it with their immediate Supervisor supervisor within fourteen seven (147) calendar days after the circumstances giving rise to the complaint having occurred or ought to have originated reasonably come to the attention of the employee. The supervisor shall give response in the complaint within three (3) days and, failing settlement, or occurred. If the immediate Supervisor is unable to adjust failing a complaint to their mutual satisfaction response, it may then be taken up as a grievance within five seven (57) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision advisement of the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with supervisor’s decision in the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of an employee properly arising under this Agreement shall be adjusted following manner and settled as followssequence: The employee, with include the assistance of a CAW Committeeperson, if desired, must submit a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, sought and the section or sections provisions of the Agreement Agreement, which are alleged to have been violated shall be set out in violated. The employee Departmental Shop Xxxxxxx and the department head and/or designate will have such discussion as is necessary to explain the nature of the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of department head and/or designate shall deliver decision in writing and the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, reasons therefore within five (5) calendar days following the decision, presentation of the grievance must be re-submitted to Failing settlement: Step Within seven (7) days after the decision in Step the Union may submit the grievance in writing to the ManagerDirector, Labour Relations (People Resources, or designate) to . A meeting will then be discussed at a meeting held between the ManagerDirector, Labour Relations (People Resources or designate), the said Committee person, the grievor(s) and the Departmental Union Grievance Committee Shop Xxxxxxx or designate and the or any other person reasonably required to fully discuss the grievance, if either party requests. Such meeting shall be held within fourteen (14) days of submission of the grievance at Step unless extended by written agreement of the parties. It is understood and agreed that a staff representative of the Union and/or the Chief Shop Xxxxxxx 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, People Resources, or designate shall be delivered in writing within five (5) calendar days following the date of receipt of the grievance. Either party such meeting or such longer period as may have assistance from outside the Hospital at this stage if desiredbe mutually agreed upon. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of Employer also agrees to forward all grievance responses to the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandonedUnion office.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes of All questions, disputes and controversies arising under this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration Agreement or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the mutual desire of the parties supplement hereto that complaints of employees shall be adjusted and settled within the terms and conditions as quickly set forth in this Agreement in the manner provided by this Article, unless otherwise expressly provided in this Agreement. The procedure for and settlement shall be as possible, and it is understood that follows:
step 1: Any grievance of an employee has no grievance until they have shall be first given their taken up between such employee and his immediate Supervisor the opportunity of adjusting their complaintsupervisor. If an employee has a complaintHowever, such complaint shall employee will be discussed with their immediate Supervisor within fourteen (14entitled to be accompanied by a Shop Xxxxxxx or a Union representative.
a) calendar days after the circumstances giving rise Time limit to the complaint have originated institute grievance: termination or occurred. If the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within lay-off five (5) calendar daysdays all others ten (10) calendar days If the Company or Union do not respond within thirty (30) days after the Grievance was instituted, the employee may proceed Company or Union will forfeit the Grievance unless time limits set out in this Section are waived by mutual agreement.
Step 2: Failing settlement under Step such be taken between representative of the Local Union and the immediate supervisor.
Step 3: Failing settlement under the above Steps, the matter will be referred to an agreed-upon neutral person to act as an arbitrator, who will meet with the grievance procedure Parties to hear both sides of the case. Failing to agree upon a neutral person, the Department of Labour will be requested to appoint a neutral arbitrator.
a) The Arbitrator shall be to hand down his decision within fourteen (14) calendar days following the decision completion of the immediate SupervisorHearing and his decision shall be final and binding on the two Parties to the dispute. Any The cost of the Arbitrator will be borne equally by the Union and the Company.
Section I- Seniority Seniority shall be maintained in the reduction and restoration of the working force, providing the senior employee is entitledcapable of performing the remaining job or jobs. a) new jobs or vacancies are subject to seniority and shall be posted in a conspicuous place according to Article Section for seven (7) days for bids, upon request, except where a job or shift has been discontinued. shall state the rate of pay. Copies of and awards to have a CAW Committeeperson present with them when meeting with be forwarded to the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of Union. If an employee who successfully bids into a classification has not properly arising under performed the job to the satisfaction of the Company, the employee will be returned to his former position within the first thirty (30) calendar days. Once an employee has successfully bid into a classification, he shall not be able to bid on another vacancy for a period of six (6) months. The only exception to this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeeperson, if desired, must submit part-time employee bidding on a written grievance signed and dated by the employee, to The Manager of Labour Relations or designate. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be takenfull-time vacancy. In the event that a Part-time employee becomes a Full-time employee, his seniority as a Teamsters Local Union Page Collective Agreement Sourdough Markets except for the response purposes of determining relative seniority in Step 1 is not satisfactorythe case of lay off, within five (5) calendar days following in which case the decisionemployee’s Company seniority shall apply. Students will be considered Part-time employees for the purpose of their seniority. Merit, fitness and ability being equal, length of continuous service with the grievance must be re-submitted Company shall govern in cases of promotion to the Assistant Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meetingCompany agrees to act in good agrees not any manner. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance agreed shall be deemed the sole judge as to have been abandonedan employee’s merit, fitness and ability.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 7.01 For purposes 10.1 Notwithstanding clause 30 of the Award and clause 19 of the Nurses (WA Government Health Services) Agreement 2001, the following grievance procedure shall apply to a workload grievance under this Agreementclause.
10.2 A workload grievance is a grievance stated in writing by an employee bound by this Order performing work to which this Order applies, by the ANF, or by a respondent employer, as a person aggrieved, about the nursing workload that a nurse is required to undertake, on the ground that:
10.2.1 an unreasonable or excessive patient care or nursing task work load is being imposed on the nurse other than occasionally and infrequently;
10.2.2 to perform nursing duty to a professional standard, a nurse is effectively obliged to work unpaid overtime on a regularly recurring basis;
10.2.3 the workload requirement effectively denies any reasonably practicable access to the nurse’s quota of time for professional development, within 12 months of the entitlement arising;
10.2.4 within a workplace or roster pattern, no effective consultative mechanism and process is available in respect of the determination of bed closures or patient workload for the available nursing resources in the workplace or roster pattern;
10.2.5 a reasonable complaint to the appropriate hospital authority about capacity to observe professional mandatory patient care standards has not been responded to or acted upon within a reasonable time; or
10.2.6 a particular member or set of members of a patient care team are being consistently placed under an unreasonable or unfair burden or lack of adequate professional guidance because of the workload or the staffing skill mix of the team.
10.3 Before initiating the formal grievance process under this clause, the person aggrieved shall attempt to resolve with the appropriate and responsible employee, employer or
10.4 Where the grievance is defined not resolved within five working days, the Director of Nursing shall inform the Chief Executive Officer (CEO) of the Area Health Authority (or if one has not been established, the CEO or General Manager of the relevant hospital of health service as the case may be) responsible for the work location of the grievance and supply as soon as practicable a difference arising between statement outlining the grievance and setting out the principal reasons why it has not been or cannot be resolved. Thereupon, the CEO of the Area Health Authority and one person nominated by the ANF, shall form a conciliation committee to attempt to resolve the grievance.
10.5 Where the grievance is not resolved within five working days of being brought to the Area Health Authority’s CEO, the CEO of the Area Health Authority shall inform the Director General of Health of the grievance and supply as soon as practicable a statement outlining the grievance and setting out the principal reasons why it has not been or cannot be resolved. Thereupon, the Director General of Health or one person nominated by the Director General of Health and one person nominated by the ANF, shall form a conciliation committee to attempt to resolve the grievance.
10.6 A grievance shall be resolved where the parties relating to the interpretation, application, administration or alleged violation grievance reach agreement. Where agreement is reached the parties at the work location shall be informed of this Agreement, the grievance resolution in writing including any question as to whether a matter is arbitrablean implementation timetable and method of implementation.
7.02 It is 10.7 The implementation of these procedures shall take place without delay and be completed as soon as practicable. The employer and the mutual desire ANF shall each as far as practicable avoid action which may exacerbate the dispute or predetermine the outcome of an attempt to resolve the grievance.
10.8 A grievance that remains unresolved for a period of more than 15 working days Monday to Friday may be referred by the ANF or a respondent employer to a Board of Reference.
10.9 A Board of Reference under this clause shall be constituted comprising two nominees of the parties hereto that complaints ANF and two nominees of employees the employer, and a member of the Australian Industrial Relations Commission as Chairperson.
10.10 The function of the Board of Reference shall be adjusted as quickly as possibleto resolve the grievance if practicable, and it is understood that an employee has no grievance until they have first given their immediate Supervisor the opportunity of adjusting their complaint. If an employee has without making a complaint, such complaint shall be discussed with their immediate Supervisor within fourteen (14) calendar days after the circumstances giving rise to the complaint have originated or occurredformal determination. If the immediate Supervisor is Board of Reference is:
10.10.1 unable to adjust resolve the grievance, but,
10.10.2 is satisfied that the ground for the grievance has been established; and
10.10.3 is satisfied that a complaint determination on the basis of the grievance is necessary;
10.11 Subject to their mutual satisfaction within five (5) calendar daysclause 10.10, a Board of Reference may determine:
10.11.1 in relation to a grievance under clause 10.2.1, 10.2.5, or 10.2.6, a principle to be applied for determining the workload relevant to the ground of the grievance being a principle capable of remedying the ground of grievance if applied by the responsible employer;
10.11.2 in relation to a grievance under clause 10.2.2 or 10.2.3, a right for the employee may proceed with or employees affected to, or a duty on the grievance procedure within fourteen (14) calendar days following the decision of the immediate Supervisor. Any employee is entitled, upon request, employer to have a CAW Committeeperson present with them when meeting with the immediate Supervisor to attempt to adjust their complaint.
7.03 A grievance of grant an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a CAW Committeepersonentitlement which, if desiredgranted or enforced, must submit a written grievance signed and dated by would remedy in part or whole the employee, to The Manager of Labour Relations or designate. The nature ground of the grievance;
10.11.3 in relation to a grievance under clause 10.2.4, a process for consultation and reporting upon management decisions about patient workload or bed closures, not being a process inconsistent with clause 7 of this Order, that if introduced, would be appropriate to remedy the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The Manager of Labour Relations will deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within five (5) calendar days following the decision, the grievance must be re-submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within five (5) calendar days of receipt ground of the grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration within ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within such ten (10) calendar day period, the grievance shall be deemed to have been abandoned.
Appears in 1 contract
Samples: Certified Agreement