Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement 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 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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

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GRIEVANCE PROCEDURE. 9.01 It is the mutual desire 9.1 Union policy grievances shall commence at Step 2 of the parties grievance procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement that the complaint of Agreement, or when an employee shall be resolved as promptly as possible. It is understood claims that an employee has no grievance until he has first discussed his complaint been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from 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 settlementsupervisor, it may be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s decision dealt with in the following manner and sequence: manner: STEP 1 The aggrieved employee or the Unit Chair shall submit a written grievance signed by him present the grievance, for any non- disciplinary matter, in writing to his immediate Supervisorthe employee’s local manager within 14 calendar days following the cause of the grievance. The grievance shall specify the article or articles must include all of the Collective Agreement of which a violation is alleged and shall contain a statement details 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 cause of the Programme or designate who shall review the grievance and grievance. Such local manager will render a decision in writing writing, outlining the reasons for the decision, within five (5) working 14 calendar days from following receipt of the date on which written grievance. STEP 2 If the non-disciplinary grievance is 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 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 presented to him. Failing settlementnot settled at Step 3, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance it may then be referred by either party to the Executive Director or designateCanadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The Executive Director or designate will meet with party requesting arbitration must notify 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 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 other party in writing within five (5) working 28 calendar days from following receipt of the decision in Step 3, or the due date on which the grievance meeting was convenedof such decision if not received. 9.02 Failing settlement, under the foregoing procedure, of any grievance between 9.2 Upon mutual agreement the parties arising from 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 questions as decision incompatible with the provisions of this Agreement, nor to whether consider any matter not pertaining to the present Agreement. 9.4 When a grievance is arbitrablenot 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 submitted progressed to arbitration the next step within the prescribed time limits based on the last date such a decision was due, except as hereinafter providedotherwise provided in Clause 9.4. If no written request for arbitration is received In the event the Company fails to respond to a grievance within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Employerprescribed time limits, the Union and the employees. All time limits referred to in may process the grievance from that point onward in accordance with the 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 herein except that the time limits established in this respect of that grievance procedure. However, any such agreement from that point onward shall be in writing and acknowledged directory. 9.5 When a grievance based on a claim for unpaid wages is not progressed by the partiesUnion 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 the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. 9.04 For the purposes 9.6 The time limits specified herein may be extended by mutual agreement. 9.7 Settlement of this Agreement, the words “working days” a grievance shall not include Saturdays, Sundays or paid holidaysinvolve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 9.05 Where 9.8 Prior to adjudication or final disposition of a grievance has been filed there shall be neither a shutdown by an employee the Employer shall not discuss 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 grievance with the grievor without the presence period of a Union Xxxxxxx unless the employee requests to speak to the Employer without representation. At December 22 and January 5 inclusive each step of the grievance procedure, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxxyear.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is For the mutual desire purpose of this policy, a formal complaint shall be a written statement by a staff member that a disagreement exists over the application of the parties to this Agreement that Mountain View School District Board Policy. All formal complaints shall contain a concise statement of the complaint of an employee disagreement and the policy/policies which is/are allegedly violated. Every effort shall be resolved as promptly as possible. It is understood that an employee has no grievance until he has first discussed his made to settle the formal 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 at 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 lowest possible level of the immediate Supervisor’s decision formal complaint procedure. Formal complaints will be processed in the following manner and sequence: The employee 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 written grievance signed by him staff member does not submit his/her formal complaint to his immediate Supervisorthe principal in writing in accordance with Step 1 within fifteen (15) days after the facts upon which the complaint is based first occurred, the complaint will be deemed waived. The grievance shall specify principal will reply in writing to the article or articles staff member within ten (10) school days after receipt of the Collective Agreement written formal complaint. Step 2 - If the formal complaint is not settled in Step 1 and the staff member wishes to appeal the formal complaint to Step 2, the staff member may file the formal complaint in writing to the Superintendent of which schools within ten (10) school days after receipt of the principal's written answer. The written formal complaint shall give a violation is alleged clear and shall contain a concise statement of the facts relied alleged complaint including the fact upon which the complaint is based, the issues involved, the policy provisions involved, and indicate the relief sought. The immediate Supervisor Superintendent or his/her representative shall submit his thoroughly review the formal complaint, arrange for necessary discussions, and give a written answer in writing within five to the staff member no later than twenty (520) working school days following after receipt of the day on which written formal complaint. Step 3 - If the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under formal complaint is not settled at Step I2, 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 staff member may within five (5) days after a decision by the Superintendent, refer the formal complaint to the Board of receiving Trustees through the grievance at this stepSuperintendent. The Executive Director Board will then at their next available meeting, hear the formal complaint. The Step 3 formal complaint shall have such counsel and assistance as he be on the basis of Step 2. Neither party shall be permitted to assert in the proceedings any evidence which was not submitted to the other party before the completion of Step 2 meetings. The Board may desire at this meeting as may uphold, modify, or overturn the Union request the presence ruling of the Union staff representativeSuperintendent. Failing settlementUpon conclusion of the hearing, the Board will have ten (10) days to provide its written decision to the 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 Executive Director proceeding unless such record or designate 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 or Step 3. Non - Reprisal Clause No reprisals of any kind shall be delivered taken 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 within five (5) working days from the date on which the grievance meeting was convenedat any level without establishing precedent. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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: Negotiated Contract Agreement, Negotiated Contract Agreement, Negotiated Contract Agreement

GRIEVANCE PROCEDURE. 9.01 It Section A. A grievance is defined as a dispute or question involving the mutual desire interpretation of a specific article of this Agreement. Each written grievance must state the Article of the parties Agreement where the dispute exists and the remedy requested to this Agreement that settle the complaint of an grievance. Step 1. The employee shall present his/her grievance in writing to his/her immediate supervisor for disposition. This must be resolved as promptly as possibledone within six (6) calendar days of the incident which gave rise to the grievance (excluding Saturday, Sunday, and recognized holidays). It is understood that an The immediate supervisor must respond to the 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 calendar days after (excluding Saturday, Sunday, and recognized holidays). If the circumstances giving rise aggrieved employee does not refer to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance Step 2 of this procedure within five (5) working calendar days following advice (excluding Saturday, Sunday, and recognized holidays) after receipt of the immediate Supervisor’s decision rendered in this step, it shall be considered to be satisfactorily resolved. Step 2. If the following manner and sequence: The employee grievance is not satisfactorily resolved at Step 1, the grievance, together with all correspondence, shall submit a written grievance signed by him be submitted to his immediate Supervisorthe Chief. The Chief or his designee shall investigate and hold a grievance shall specify the article or articles meeting within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief soughtgrievance. The immediate Supervisor Chief shall submit give his answer to the Union and the aggrieved in writing within five (5) working calendar days following (excluding Saturday, Sunday, and recognized holidays) after termination of such grievance meeting. If the day on which aggrieved employee does not refer 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 3 of the Programme or designate who shall review the grievance and render a decision in writing his procedure within five (5) working calendar days from (excluding Saturday, Sunday, and recognized holidays) after receipt of the date on which decision rendered in this step, it shall be considered to be satisfactorily resolved. Step 3. If the grievance is presented not satisfactorily resolved at Step 2, the grievance shall be submitted to him. Failing settlement, then: Within the Township Administrator no later than five (5) working calendar days following (excluding Saturday, Sunday, and recognized holidays) after receipt of the unacceptable decision under rendered in Step II, the employee 2. A meeting 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 be scheduled within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after the filing of receiving the grievance at this stepin Step 3. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate Township Administrator shall be delivered in writing given 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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.five

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. 9.01 It A grievance is a dispute between the mutual desire City and the Union or an employee or group of employees as to the parties interpretation, application, violation, to include discipline, of any terms or provisions of this Agreement that or the complaint departmental rules and regulations. A grievance may be initiated either by the Union on behalf of an employee shall or group of employees within the bargaining unit or by the aggrieved employee and must 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 Supervisoreither a Union representative or such aggrieved employee. The grievance shall specify procedure set forth herein is intended to be the article sole basis and sole procedural remedy for dispute resolution of all matters concerning the interpretation, application or articles violation of any terms or provisions of the Collective Agreement Agreement, or of which 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, 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 step within the designated time period will automatically progress the grievance to the next step. All grievances should be presented at the place where the grievance occurred. Step 1: The grievant shall attempt to resolve any grievance with the officer concerned on an informal oral basis within ten days of occurrence constituting the grievance or within ten days after it becomes known to the employee. 1. If the grievance involves a violation is alleged and shall contain a statement complaint of assignment to non-emergency work, not directly connected with fire fighting or emergency medical service, the Union on behalf of the facts relied upon employee may notify the Safety Director of the existence of the grievance and indicate request the relief soughtSafety Director to suspend the assignment. The immediate Supervisor Safety Director shall submit have the discretion to suspend or not suspend the assignment; his answer 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 five ten (510) working days following the day on which the grievance was presented to him. Failing settlementafter an attempt for resolution has failed, 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 Chief. The Chief shall review the grievance and render make a decision in writing within five (5) working days from following the date on which 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 to the Safety Director, Division Chief, Battalion Chief, Union Representative, and grievant. If the grievance is unresolved at Step 2, then the grievance shall be presented to himthe Union Screening Committee for a merit review prior to initiating any further steps in this process. Failing settlement, then: Within five (5) working days following Should the decision under Step IIcommittee recommend further appeal, the employee grievance will move to Step 3. Should the committee deny further appeal, the grievance shall submit be considered to have been resolved. Step 3: The Union, on behalf of the grievant, may appeal in writing within ten (10) days after receipt of the written grievance decision of the Chief in Step 2 to the Executive Safety Director or designatehis designated representative. The Executive Safety Director or designate will meet with the grievor and the xxxxxxx from the appropriate area to review his designee shall hold an open meeting concerning the grievance within five ten (510) days from receipt of receiving the grievance at this stepwritten appeal unless any of the parties thereto object to an open meeting. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate his designee shall be delivered in writing render his decision within five ten (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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (510) days from the date of the decision under 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 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 III above 4: In the event that the grievance is givennot resolved through Step 3, the Union may request arbitration of the grievance within thirty (30) days from the decision of the Safety Director or his designee by making written request for arbitration delivered to the Safety Director. If either party requests arbitration in writing and the other party fails or refuses within ten (10) days of receipt of the written request for arbitration to agree to arbitrate, the 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 settled. 9.03 All agreements reached under granted. Within five (5) days after the grievance and arbitration procedure between parties have agreed to arbitrate a dispute, the representatives 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 Employer 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 representatives for Union shall meet to select an arbitrator from the Unionlist. 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 upon on the Employer, parties. The Arbitrator shall not have the Union and the employees. All time limits referred power to in the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure add 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 subtract from or extend modify 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 terms of this Agreement, . The grievant may be represented by the words “working days” shall not include Saturdays, Sundays union representative 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 his individually retained legal counsel at all steps 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 Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 8.01 It is the mutual desire of the parties to this Agreement that the complaint of an employee shall be resolved adjust complaints and grievances as promptly quickly as possible. It 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 he she has first discussed his complaint with his immediate Supervisor and afforded him given the Director of Care an opportunity to endeavour to adjust his of adjusting her complaint. If an employee has a Such complaint he shall discuss it be discussed verbally with his immediate Supervisor the Director of Care within five fourteen (514) working calendar days after the date upon which the circumstances giving rise to the complaint have grievance originated or occurred. Failing settlementsatisfactory resolution within seven (7) calendar days by the Director of Care, it may the grievance shall be taken up as a grievance within five (5) working days following advice processed and dealt with in accordance with the terms and provisions of the immediate Supervisor’s decision in the following manner and sequence: this Article. The employee nurse shall submit a written grievance grievance, signed by him her, to his immediate Supervisorthe 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 grievance shall specify nurse may be assisted by the article or articles nurse representative if she so desires. The nature of the Collective Agreement of which a violation is alleged grievance, the remedy sought, and shall contain a statement the sections of the facts relied upon and indicate Agreement which are alleged to have been violated shall be set out in the relief soughtgrievance in the prescribed form. The immediate Supervisor Director of Care shall submit his answer deliver her decision in writing within five seven (57) working calendar days following the day on which the grievance was presented to himher. Failing settlement, then: Within five seven (57) working calendar days following the decision under Step IOne, the employee nurse shall submit the written grievance to the Director of Administrator or his designate. A meeting will then be held between Management and the Programme or designate who shall review nurse representative and the grievance and render a decision in writing nurse involved within five fourteen (514) working days from the date on which the grievance is presented to him. Failing settlement, then: Within five (5) working calendar days following the decision under Step II, advancement of 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 Labour Relations Officer of the Association may attend such counsel and assistance as he may desire at this meeting as may the Union request the presence an outside consultant for Management. The decision of the Union staff representativeAdministrator or his designate shall be given in writing after consultation with the Board of Management where necessary within fourteen (14) calendar days of the Step Two meeting, or such additional period as is necessary to permit consultation with the Board of Management, which shall not, however, exceed fourteen (14) calendar days. Failing settlement, In the event the decision of the Executive Director Administrator or his designate shall be delivered is not satisfactory to the grievor, the grievor may refer the matter to arbitration in writing within five (5) working days from accordance with the date on which the grievance meeting was convened. 9.02 Failing settlement, under the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation provisions of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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. 9.01 It 7.01 For purposes of this Agreement, a grievance is the mutual desire of the parties to this Agreement 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 defined 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 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 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 difference arising between the parties arising from relating to the interpretation, application, administration or alleged violation of this Agreement, including any questions 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 arbitrableentitled, 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 may 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 as hereinafter providedwithin ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within five such ten (510) days from the date of the decision under Step III above is givencalendar day period, the grievance shall be deemed to have been settledabandoned. 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. 9.01 It ‌ 26.1 Any grievance, defined as a claim reasonably and suitably founded on a dispute involving the interpretation, application, or violation of this Agreement, shall systematically follow the three (3) step grievance procedure that is the mutual desire outlined in this Article. Any grievance filed shall refer to all provisions of the parties Agreement that are in dispute, and shall adequately set forth the facts pertaining to the alleged dispute. The legal interpretation of this Agreement is governed by the case and statutory law of the State, together with the Charter and ordinances of the City of Jacksonville. 26.2 An employee having a grievance shall submit it pursuant to the 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 the appropriate division chief may request that the complaint designated Union grievance representative be present at any discussion of an employee a Step I grievance. The Employer 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 notify the Union within five (5) working days 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 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 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, thenpresented. STEP II: Within five (5) working days following If the decision under Step Igrievance is not settled at the first step, the employee and/or designated Union grievance representative may 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 submit meet with the employee and/or the designated Union grievance representative to discuss the grievance within ten (10) business days after receipt of the grievance, unless such time is extended by mutual agreement in writing. The Director/Fire Chief, or his/her designee, shall notify the employee and the designated Union representative in writing of his/her decision within ten (10) business days of receipt of the grievance. 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 present the written grievance to the Director of Employee Services, or his/her designee, within ten (10) business days after 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 employee is presented to him. Failing settlement, then: Within five (5) working days following notified of the decision under at Step II, II or after the employee shall submit the written grievance to the Executive Director or designatedecision was due. The Executive Director of Employee Services, or designate will his/her designee, shall meet with the grievor and employee and/or the xxxxxxx from designated Union grievance representative within ten (10) business days after receipt of the appropriate area 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 review the grievance. The Director of Employee Services, or his/her designee, shall render a written decision on the grievance within five ten (510) business days of receiving after the grievance at this step. The Executive Director shall have such counsel meeting, and assistance as 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date furnish a copy of the decision under Step III above is givento the employee, the designated Union grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer representative, 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 partiesPresident. 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 3 contracts

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

GRIEVANCE PROCEDURE. 9.01 It Section 1. A grievance is defined as a dispute by the mutual desire Union or a covered employee concerning the application or 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, on the official grievance form, to the employee’s immediate supervisor for adjustment within seven (7) calendar days of the parties date on which the events occurred giving rise to this Agreement that the complaint grievance. An employee’s supervisor shall respond promptly, but in no event more than seven (7) calendar days after receipt of an 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 shall be resolved as promptly as possiblesubmitted in writing to the facility director or designee, by the Union representative within ten (10) calendar days. It 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 understood that an not resolved, the Union or the affected employee has no may submit the grievance until he has first discussed his complaint with his immediate Supervisor 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 afforded him an opportunity 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 to endeavour to adjust his complainthear evidence submitted by the parties involved. If an employee has a complaint he The Board of Adjustment shall discuss it with his immediate Supervisor decide the issue by majority vote of its members 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 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 calendar days following the day on which the grievance was presented to himhearing. 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 he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the A majority 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, Board of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Union, Adjustment shall be final and binding upon on all parties. The grievance shall be considered unsettled in the Employerevent of a split decision. Step 5 If the grievance is still unsettled, the Union shall, within ten (10) 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 Metro Human Resources Director with a copy to the Employer. In order to advance the grievance, the Union shall request a list of seven (7) arbitrators from the State of Oregon Mediation and Conciliation Services within ten (10) calendar days from the request for arbitration. Upon the receipt of the list of arbitrators within fourteen (14) days, both the Employer and the employeesUnion 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 time limits referred 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 procedures and 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 construed as mandatory and failure strictly adhered to. The Employer shall have the right to comply with any time limits shall be deemed abandonment of the grievance refuse to process 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 arbitrate a grievance has been filed by an employee which is not raised or processed within 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 representationabove-described time limits. At each If at any step of the grievance procedure, procedure the Employer does not formally respond as provided herein, it will mail be assumed that the Employer has rejected the grievance response to and the homes next step of the grievor 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 xxxxxxxparties.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement 1. Any employee who feels 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 not been accorded proper consideration or treatment in respect to endeavour to adjust his complaint. If an employee has a complaint he any matter affecting his/her employment 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 proceed in the following manner and sequence: The employee manner: a) He shall submit first discuss his/her complaint with his/her Operations Manager with or without a written grievance signed by him to his immediate Supervisor. The grievance shall specify the article or articles representative of the Collective Agreement of which Local Worker’s Committee being present, as employee may elect, in an attempt to reach a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer satisfactory settlement. b) All grievances not settled by mutual agreement must be submitted in writing on appropriate form and filed with the Operations Manager within five fifteen (515) working days, if possible, but in no event later than thirty (30) days following the day on which occurrence causing the grievance. Any 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance not so filed shall be deemed to have been settledwaived 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. 9.03 All agreements reached under c) If the employee fails to secure a satisfactory adjustment of his/her grievance, employee may submit his/her grievance and arbitration procedure between to the representatives Chairman of the Employer and General Workmen’s Committee. If the representatives for the UnionGeneral Workmen’s Committee so elects, it shall be final appealed to the Senior Director Field Operations, within ten (10) days, exclusive of Saturdays, Sundays and binding upon Holidays after return from 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 Operations Manager of the grievance or denial 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 as shall occur not more than ten (10) days, exclusive of Saturdays, Sundays, and Holidays, subsequent to the case 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 be. Notwithstanding elect to request a conference between the foregoingChairman of the Local Workmen’s Committee, the parties may agree to waive or extend any Chairman of the time limits established in General Workmen’s Committee, the Senior Director Field Operations, or their representatives, to discuss the grievance. Minutes of this grievance procedure. However, any such agreement conference shall be in writing kept and acknowledged signed jointly by the parties. 9.04 For Chairman of the purposes General Workmen’s Committee and the Senior Director Field Operations, or his/her representative. Copies of this Agreement, the words “working days” these minutes 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 be attached to the Employer without representationSenior 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. At each step The Senior Director Field Operations’s decision and the date thereof shall be recorded on all copies of the grievance procedure, the Employer will mail the grievance response form and one copy thereof returned to the homes of the grievor and the xxxxxxxGeneral Workmen’s Committee.

Appears in 3 contracts

Samples: Working Agreement, Working Agreement, Working Agreement

GRIEVANCE PROCEDURE. 9.01 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 the Agreement including any question as to whether a matter is arbitrable. 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 to this Agreement that the complaint complaints of an employee employees shall be resolved adjusted as promptly quickly as possible. It , and it is understood that an employee has no grievance until he has they have first discussed his complaint with his given their immediate Supervisor and afforded him an supervisor the opportunity to endeavour to adjust his of adjusting the complaint. If an employee has a Such complaint he shall discuss it be discussed with his their immediate Supervisor supervisor within five ten (510) working calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the complaint have originated or occurredattention of the employee. Failing settlementThis discussion may include consultation, advice and assistance from others. If there is no settlement within ten (10) calendar days, it may shall then be taken up as a grievance within five ten (510) working calendar days following advice of the immediate Supervisor’s decision in the following manner and sequence: The employee shall may submit a written grievance grievance, through the Union, signed by him the employee, to his immediate Supervisortheir manager or designate. The grievance shall specify be on a form referred to in Article 8.10 and shall identify the article or articles nature of the Collective Agreement of which a violation is alleged grievance and shall contain a statement the remedy sought and should identify the provisions of the facts relied upon and indicate the relief soughtAgreement which are alleged to be violated. The immediate Supervisor shall submit his answer 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 five ten (510) working calendar days following the day on which the grievance was presented to himthem. Failing settlement, then: Within five ten (510) working calendar days following the decision under Step INo. 1, the employee shall submit the written grievance may be submitted in writing 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 settlementCounsel, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance to the Executive Director Employee and Labour Relations or designate. The Executive A meeting will then be held between the Director and Counsel, Employee and Labour Relations or designate will meet with the grievor and the xxxxxxx from the appropriate area to review the grievance Grievance Committee within five ten (510) calendar days of receiving the submission of the grievance at this stepStep No. The Executive 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 shall and Counsel, Employee and Labour Relations or designate may have such counsel and assistance as he they may desire at this meeting as may the Union request the presence of the Union staff representativesuch meeting. Failing settlement, the The decision of the Executive Director or designate Employer shall be delivered in writing to the Labour Relations Officer and the local Union Representative within five ten (510) working calendar days from following the date on which the grievance meeting was convenedof such meeting. 9.02 Failing settlement, under the foregoing procedure, of any 8.04 A complaint or grievance arising directly between the parties arising from Employer and the Union concerning the interpretation, application, administration application or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance Agreement shall be deemed originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to have been settled. 9.03 All agreements reached under the complaint or grievance. A 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 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 grievance with the grievor without the presence of a Union Xxxxxxx unless the employee requests have occurred or ought reasonably to speak have come to the Employer without representation. At each step attention of the employee(s). The grievance procedure, shall then be treated as being initiated at Step No. 1 and the Employer will mail the grievance response applicable provisions of this Article shall then apply with respect to the homes processing of the grievor and the xxxxxxxsuch grievance.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It A grievance is defined as an allegation that the mutual desire terms of the parties to this Agreement that the complaint of an employee shall have been violated. Grievances must 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 filed within five (5) working days after of the circumstances giving rise 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 supervisor shall give a verbal answer to the question or complaint within two (2) working days. If, however, the verbal answer to the complaint have originated does not satisfactorily resolve the subject, the grievance 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 (1) copy of the completed form signed by both parties will be given to the Bargaining Unit member involved and the Union and one (1) copy will be retained by the supervisor. The complaint may then be reduced to writing by the Bargaining Unit member and appealed to the Second Step of the procedure within five (5) working days. 2. Bargaining Unit members are entitled to representation by the Union at any Step of the grievance procedure. 3. Grievances from Bargaining Unit members with more than one supervisor or occurredgrievances 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. Failing settlement, it may be taken up as a The Bargaining Unit member or Bargaining Unit members must file the grievance in writing that resulted from Step One within five (5) working days following advice of with the immediate Supervisor’s decision in Director and the following manner and sequence: The employee shall submit Director will set a written grievance signed by him hearing to his immediate Supervisor. The grievance shall specify be held with the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing Bargaining Unit member(s) within five (5) working days following the day on which the grievance was presented to himdays. Failing settlement, then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance The Director will give an answer in writing to the Director of the Programme or designate who shall review the grievance and render a decision in writing Bargaining Unit member(s) 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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.five

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 9.01 It is For the mutual desire purpose of the parties to this Agreement that the complaint of an employee shall be resolved as promptly as possible. It a grievance 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 defined 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 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 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 difference between the parties arising from relating to the interpretation, application, administration or alleged violation of this Agreement. 9.02 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 given the Employer the opportunity of adjusting the complaint. If an employee has a complaint, including any questions as such a complaint shall be discussed with their immediate supervisor within ten (10) calendar days after the circumstance giving rise to whether the complaint has originated or occurred. If the immediate supervisor is unable to adjust a complaint to the mutual satisfaction within five (5) calendar days, the employee may proceed with the grievance procedure within five (5) calendar days following the decision of the immediate supervisor. Any employee is arbitrableentitled upon request to have a Union Committee member present with them when meeting with the Supervisor to attempt to adjust their complaint. 9.03 A 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 Union Committee member if desired must submit a written grievance signed and dated by the employee to their Director or designate. The nature of the grievance, the remedy sought and a section or sections of this Agreement that are alleged to have been violated shall be set out in the grievance. The Director or designate will deliver their decision in writing within five (5) calendar days after the receipt of the grievance. Failing settlement the next step of the grievance procedure may be taken. Step 2 Within five (5) calendar days following the decision under Step 1, the grievance may must be submitted to Human Resources to be discussed at a meeting between representatives from the Employer, the Union committee and the grievor(s) within five (5) calendar days of the receipt of the grievance. Either party may have assistance from outside the Employer at this stage if desired. The Employer shall give a written deposition within five (5) calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration as hereinafter providedwithin ten (10) calendar days after the reply in Step 2 is given. If no written request for arbitration is received within five such ten (510) days from the date of the decision under Step III above is givencalendar day period, the grievance shall be deemed to have been settledabandoned. 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 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is a. Step 1 – Assistant Superintendent level (informal) A grievant shall informally discuss a grievance with the mutual desire Assistant Superintendent within ten (10) workdays after the grievant knew or should have known of the parties act or condition upon which the complaint is based. Failure to this Agreement 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 complaint of 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 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 resolved as promptly as possiblegiven at least two (2) working days notice of said conference. It The Assistant Superintendent shall respond in writing ten (10) workdays from the date the formal grievance is understood that an filed. The Assistant Superintendent’s decision shall be presented in writing to both the employee has no and the union. c. Step 3 – Superintendent level If a settlement is not reached at step 2 the employee or the union may present the 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 the Superintendent of Schools 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 Supervisorhas been rendered at step 2. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer must be submitted in writing within five (5) working days following stating 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 specific nature of the Programme or designate who shall review the grievance and render the remedy requested and shall include a decision 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 union. Both parties reserve the right to include consultants in any such meeting. The Superintendent shall respond in writing together with supporting reasons to the employee and the union, within five ten (510) 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 filed at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 convenedstep 3. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 3 contracts

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

GRIEVANCE PROCEDURE. 9.01 It VON Simcoe County and the Association agree it is the mutual desire of the parties important to this Agreement that the complaint of an employee shall be resolved adjust complaints and grievances as promptly quickly as possible. It is understood that an employee a nurse has no grievance until he she has first discussed his her complaint with his immediate Supervisor 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 afforded him contain a statement of facts giving rise to the grievance, the redress sought, and an opportunity to endeavour to adjust his complaintindication of the Article(s) of this Agreement on which the grievance is based. If an employee has a complaint he shall discuss it with his immediate Supervisor A formal grievance must be filed within five ten (510) working days after of the circumstances giving rise to the complaint have originated or occurredgrievance. 9.02 The following shall be the procedure in handling and processing grievances submitted on behalf of the nurse. Failing settlement, it The nurse may be taken up as a submit the grievance in writing to her manager who shall give her decision within five (5) working days following advice of receipt 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 Supervisorgrievance. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days 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#1, the employee shall nurse may submit the written grievance to the Director of the Programme or designate who shall review 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 render a 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 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 arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance procedure established by this Agreement, notify the other party within ten (10) working days in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The two (2) appointees so selected shall within five (5) working days from of the date on which appointment of the grievance is presented second of them appoint a third person who shall be the chair. If the recipient of the notice fails to himappoint an arbitrator or if the two (2) appointees fail to agree upon a chair within the time limit, the appointment shall be made by the Minister of Labour of Ontario upon the request of either party. Failing settlement, then: Within five (5) working days following The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision under Step II, is final binding upon the employee shall submit the written grievance to the Executive Director or designateparties and upon any nurse affected by it. 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 he may desire at this meeting as may the Union request the presence decision of the Union staff representative. Failing settlementmajority is the decision of the Arbitration Board, but if there is no majority, 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 convenedchair governs. 9.02 Failing settlement9.05 The Arbitration Board shall not have the authority to alter or change any of the provisions of this Agreement or to substitute any new provisions in lieu thereof, under or to give any decision contrary to the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration express intent or alleged violation terms and conditions of this Agreement, including or in any questions as way modify, add to whether or detract from any provision of this Agreement. Each of the grievance is arbitrableparties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the grievance fees and disbursements of the chair. 9.06 Notwithstanding any other provisions of this Agreement, grievances may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from settled by confirming VON Simcoe County’s action or by the date of parties or the decision under Step III above is given, the grievance shall be deemed to have been settledArbitration Board. 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 9.07 Wherever “Arbitration Board” is 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 foregoingthis Agreement, the parties may mutually agree to waive or extend any of substitute a single arbitrator for the Arbitration Board at 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 reference 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 arbitration and the xxxxxxxother provisions referring to Arbitration Board shall apply accordingly.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire 20.8.1 Union policy grievances shall commence at Step 2 of the parties grievance procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement Agreement, or when an Owner Operator claims 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 been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from 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 settlementsupervisor, it may be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s decision dealt with in the following manner manner: 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 sequence: The employee shall submit a written grievance signed by him he is unable to obtain satisfactory explanation directly from his immediate Supervisorsupervisor, 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 shall specify the article or articles must include all of the Collective Agreement of which a violation is alleged and shall contain a statement details 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 cause of the Programme or designate who shall review the grievance and grievance. Such local manager will render a decision in writing writing, outlining the reasons for the decision, within five (5) working 14 calendar days from following receipt of the date on which written grievance. STEP 2 If the non-disciplinary grievance is 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 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 presented to him. Failing settlementnot settled at Step 3, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance it may then be referred by either party to the Executive Director or designateCanadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The Executive Director or designate will meet with party requesting arbitration must notify 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 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 other party in writing within five (5) working 28 calendar days from following receipt of the decision in Step 3, or the due date on which the grievance meeting was convenedof such decision if not received. 9.02 Failing settlement, under the foregoing procedure, of any grievance between 20.8.2 Upon mutual agreement the parties arising from 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 interpretationCompany, applicationthe Union, administration and the Owner Operator(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 questions as decision incompatible with the provisions of this Agreement, nor to whether consider any matter not pertaining to the present Agreement. 20.8.4 When a grievance is arbitrablenot 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 submitted progressed to arbitration the next step within the prescribed time limits based on the last date such a decision was due, except as hereinafter providedotherwise provided in Clause 9.4. If no written request for arbitration is received In the event the Company fails to respond to a grievance within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Employerprescribed time limits, the Union and the employees. All time limits referred to in may process the grievance from that point onward in accordance with the 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 herein except that the time limits established in this respect of that grievance procedure. However, any such agreement from that point onward shall be in writing and acknowledged directory. 20.8.5 When a grievance based on a claim for unpaid wages is not progressed by the partiesUnion 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 the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. 9.04 For the purposes 20.8.6 The time limits specified herein may be extended by mutual agreement. 20.8.7 Settlement of this Agreement, the words “working days” a grievance shall not include Saturdays, Sundays or paid holidaysinvolve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 9.05 Where 20.8.8 Prior to adjudication or final disposition of a grievance has been filed there shall be neither a shutdown by an employee the Employer shall not discuss 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 grievance with the grievor without the presence period of a Union Xxxxxxx unless the employee requests to speak to the Employer without representation. At December 22 and January 5 inclusive each step of the grievance procedure, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxxyear.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire 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 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 this Agreement that the complaint of an employee shall be resolved as promptly as possible. It is understood that an employee has no a 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 proceeding to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance within five (5grievant(s) 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 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 or other member of the grievance within five committee as requested by the grievant(s), and at Level Two (52) days the Union representative shall be called into the Grievance Procedure. The Employer may at its discretion, appoint a representative for it in the Grievance Procedure so long as that appointee has the authority to make final settlement of receiving the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence step of the Union staff representativeprocedure where such appointee is exercising his/her appointed authority. Failing settlement, For the decision purpose of the Executive Director or designate Article, days shall be delivered in writing within five (5) working days mean calendar days, exclusive of Saturdays, Sundays and legal holidays. If the complainant is not satisfied with the answer received from the date on which supervisor or if the supervisor fails to reply, he/she may request a meeting of the grievance meeting was convened. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received committee within five (5) days from the date of 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 under Step III above with regard to the complaint. If the committee’s decision is givento process the complaint as a formal 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, the Superintendent or his/her designated representative shall have contacted the grievant and the Union’s representative. The Union’s representative shall be 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 the Superintendent, the Superintendent shall be deemed render his/her decision in writing to have been settled. 9.03 All agreements reached under the grievant(s) and the Union representative, placing one (1) copy of the grievance and arbitration procedure between his/her response in a permanent file in the representatives office of the Superintendent. • State Appointed Mediator • Grievant(s) • Representatives of the Employer and • 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 the Unionthis specific grievance be arrived at, which is mutually acceptable to both parties, then such recommendation shall be final and binding upon on both parties as a corrective measure for the Employerspecific 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 and will notify the employees. All time limits referred Superintendent of Schools of its intention to in submit the grievance procedures and to the arbitration procedure, Board of Education. Such notification shall be construed as mandatory and failure to comply with any time limits made in writing within fourteen (14) days of the completion of the mediation meeting. Upon receipt of the notification it shall be deemed abandonment the responsibility of the Superintendent to place the grievance or denial on the agenda of the grievance as next regularly scheduled Board meeting, and to notify the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend any Union of the date, time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the partiesplace of that meeting. 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 3 contracts

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

GRIEVANCE PROCEDURE. 9.01 It is 5.01 Should any dispute arise between the mutual desire Company and an employee involving the meaning, interpretation, application or alleged violation of the parties to this Agreement that the complaint of collective agreement, an employee honest effort shall be resolved as promptly as possible. It is understood that an made by both parties hereto to settle immediately and without delay such disputes or trouble in respect to which the following steps shall be used: STEP 1 The employee has no grievance until he has first discussed his complaint concerned shall discuss the matter with his immediate or her Supervisor and afforded him an opportunity or with the Supervisor’s designated representative. STEP 2 If the Supervisor fails 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 resolve the circumstances giving rise matter to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance within five (5) working days following advice satisfaction of the immediate Supervisor’s decision employee, the employee assisted by his or her xxxxxxx, shall state the grievance in writing and present it to the following manner and sequence: The employee shall submit Plant Manager or his/her designated representative at a written grievance signed by him meeting to his immediate Supervisorbe scheduled at a time suitable to the attending parties. The grievance Plant Manager or his/her designated representative shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer reply in writing within five (5) working days following the day on which meeting. STEP 3 If the above reply is not satisfactory to the Employee concerned, the grievance was presented to him. Failing settlementshall be discussed at a meeting of the grievor, then: Within five (5) working days following the decision under Step IGrievance Committee, the employee shall submit the written grievance to the Director Plant Manager (or designated representative) and a Management Committee. A National Representative of the Programme or designate who Union shall review be present at this meeting at the grievance and render a decision in writing within five (5) working days from the date on which request of either party. 5.02 If 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 not settled 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 he may desire at this meeting as may the Union request the presence satisfaction of the Union staff representative. Failing settlementemployee, then either party may request that the decision of the Executive Director or designate shall matter be delivered referred to Arbitration 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 arising from the interpretation, application, administration or alleged violation accordance with Article 6 of this Agreement, including . 5.03 To ensure prompt handling of any questions as to whether the grievance is arbitrablealleged grievance, the grievance may shall be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance incident. Not more than five (5) days shall be deemed to have been settled. 9.03 All agreements reached allowed for consideration under the grievance and arbitration procedure each successive step, except by mutual agreement between the representatives of the Employer Company and the representatives for the Union, shall be final and binding upon until the Employer, matter is brought to arbitration. 5.04 Any grievance not appealed from the Union and the employees. All time limits referred to decision in any step in the grievance procedures and procedure within the arbitration procedure, shall be construed as mandatory and failure to comply with any aforementioned time limits shall be deemed abandonment considered settled on the basis of the grievance or denial of 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 as at 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 partiesnext step. 9.04 For the purposes of this Agreement, the words (a) The Union may file a working daysPolicy Grievanceshall 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 at Step 3 of the grievance procedure. “Policy Grievance” may not be used to bypass the regular grievance procedure. A policy grievance is defined as one that alleges a misinterpretation or violation of a provision of this Agreement and which, because of the Employer will mail nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance response commencing at Step 1. Such policy grievance shall be filed in writing within five (5) days of the initial incident giving rise to the homes of complaint. The grievance must be signed by the grievor and National Representative or the xxxxxxxChairperson or his designate.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is 11.1 Should any difference arise between the mutual desire of the parties to this Agreement that the complaint of Employer and an employee shall be resolved or employees 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 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 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 arising from the interpretation, application, administration or alleged violation of the provisions of this Agreement, including any questions 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 specified grievance with the immediate supervisor and the immediate supervisor will send for the Association representative without undue delay for further discussion of the grievance. If the grievance is arbitrablenot adjusted by the immediate supervisor, it shall be reduced to writing and signed by the grievance employee involved, and two (2) copies shall be given to the immediate supervisor. The immediate supervisor shall give her reply in writing to the employee and the Association representative not later than five (5) working days following the receipt by the immediate supervisor of the written grievance. (b) If a settlement satisfactory to the employee is not reached in Step 1, an appeal may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received taken by the employee within five (5) working days from thereafter to the date appropriate Manager, Human Resources, who shall render a decision in writing to the employee and to the Association representative not later than five (5) working days following the presentation of the written grievance to the said Manager, Human Resources. (c) If the written decision under Step III above of the Manager, Human Resources is givennot satisfactory to the employee, the Association may refer the written grievance to the Chief Executive Officer within five (5) working days following the receipt of the reply to the Manager, Human Resources. The employee, or the Association Committee with her consent, or the Chief Executive Officer, may request a meeting which shall be deemed held within five (5) working days after such request. The Chief Executive Officer shall render his decision in writing to have been settled. 9.03 All agreements reached under the grievance employee and arbitration procedure between the representatives Association Committee not later than five (5) working days following the presentation to him of the Employer and the representatives for the Union, shall be final and binding upon the Employer, the Union and the employeeswritten grievance. All time limits referred to in the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment of the grievance or denial of the grievance as the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. 9.04 For the purposes of this Agreement, the words “working days” shall not include Saturdays, Sundays or paid holidays. 9.05 Where a grievance has been filed by an employee It is understood that the Employer shall not discuss the grievance with the grievor without the presence of a Union Xxxxxxx unless the employee requests may designate individuals other than those listed above to speak to the Employer without representation. At each step 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. A written grievance shall contain a clear and concise statement concerning the complaint, including the specific provision of the Collective Agreement that is allegedly violated, the Employer will mail persons involved, the date on which the alleged grievance response occurred and the relief sought, if practicable. A grievance shall be returned to the homes of employee if it fails to comply with these requirements and an employee shall have an additional seven (7) days to refile the grievor and the xxxxxxxgrievance, in conformity with this Section.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire A grievance shall be defined as any difference arising out of the parties interpretation, application, administration, or alleged violation of the Collective Agreement. (A) In order to this Agreement that provide an orderly procedure for the complaint settling 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 grievances, the Employer acknowledges the right of the Union to endeavour to adjust his complaint. If an employee has appoint, or otherwise select a complaint he shall discuss it with his immediate Supervisor within Grievance Committee of five (5) working days after members, who shall process any grievance in their department in accordance with the circumstances giving rise 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 complaint have originated or occurred. Failing settlement, it may be taken up as a grievance within five Grievance Committee. (5C) working days following advice The Union shall notify the Employer in writing of the immediate Supervisor’s decision 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 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 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, thenmanner: Step 1: Within five fifteen (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 (515) working days from the date on which the grievance is presented to him. Failing settlement, then: Within five (5) working days following employee became aware of the decision under Step IIalleged violation of the Collective Agreement, the employee shall submit 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. Step 2: If the Shop Xxxxxxx and/or the grievance committee consider the grievance to be justified, a written grievance form will be submitted and 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 Executive Director or designateDistrict Principal of Human Resources within ten (10) working days. Step 3: If the grievance is not resolved within ten (10) working days of the meeting referred to in Step 2, the grievance may be presented in written form to the Associate Superintendent - Human Resources. The Executive Director or designate Associate Superintendent - Human Resources will meet with the grievor and along with their Union representative in an attempt to resolve the xxxxxxx dispute. Step 4: If the grievance is not resolved within ten (10) working days of the meeting referred to in Step 3, the Union may within ten (10) working days of receipt of the written decision under Step 3, refer the matter to the Step 4 Hearing Committee composed of two (2) appointees from the appropriate area Union and two appointees from the Employer. Union appointees will be at no cost to review 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) working days and will proceed to the succeeding step within ten (10) working 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 within has been initiated by the Union, the 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) days or more employees, or dismissal of receiving an employee, Steps 1 and 2 may be bypassed. (I) Replies to written grievances shall be in writing at all stages. (J) Grievances settled satisfactorily within the time allowed shall date from the time that the grievance at this step. was filed. (K) The Executive Director Employer shall supply the necessary facilities for the grievance meetings. (L) Employees together with their Shop Stewards shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate shall be delivered access to all information in writing within five (5) working days from the date on which the grievance meeting was convenedtheir personnel file. 9.02 Failing settlement(M) If the grievant, under Union or Management fails to process a grievance to the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 next step in the grievance procedures and procedure within the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits specified they 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 request an extension of the time limits established in this grievance procedurewriting. However, any such agreement Such requests shall not be in writing and acknowledged unreasonably denied by the partiesother party. 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 3 contracts

Samples: Collective Bargaining Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 12.1 It is the mutual desire of the parties to this Agreement Parties hereto that the complaint complaints of an employee shall employees be resolved adjusted as promptly quickly as possible. It , and it is understood that an employee has no grievance until he the employee has first discussed his complaint with his immediate given their Supervisor and afforded him an opportunity to endeavour to adjust his of adjusting the employee’s complaint. If an In discussing such complaint the employee has may be accompanied by a complaint he Union Representative. STEP 1 The aggrieved employee(s) shall discuss it with his immediate Supervisor within five (5) working days after the circumstances giving rise submit their grievance in writing to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance within five (5) working days following advice Chairperson of the immediate Supervisor’s decision in Grievance Committee. If the following manner and sequence: Grievance Committee of the Union considers the grievance to be justified, the grievor(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Supervisor or Designate. The employee shall submit a written grievance signed by him the aggrieved employee(s) must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to his immediate Supervisorhave been violated. The grievance shall specify the article Supervisor or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer Designate will deliver his/her decision in writing within five three (53) working days following the day on which the grievance was 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: settlement - then Step 2 may be invoked. STEP 2 Within five (5) working days following the decision under Step I1, the employee shall Grievance Committee together with the grievor(s) concerned may submit the written grievance to the Director of the Programme or designate who shall review the grievance and render Manager, at a meeting. The Manager 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: settlement - then Step 3 may be invoked. STEP 3 Within five (5) working days following the decision under Step II2, the employee shall Grievance Committee together with the grievor(s) concerned may submit the written grievance to the Executive Director or designateof Utilities, at a meeting. The Executive Director or designate of Utilities 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 he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the deliver a decision of the Executive Director or designate shall be delivered 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 Human Resources or Designate will deliver a decision within five (5) working days from the date on which the meeting was convenedheld under Step 4. 9.02 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, settlement under the foregoing procedure, procedure of any grievance between the parties Parties, arising from the interpretation, application, administration application or alleged violation of this Agreement, including any questions as to whether the grievance a matter is arbitrable, the such grievance may be submitted to arbitration Arbitration, as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance set forth in Article 13. 12.4 Replies to grievances shall be deemed to have been settledin writing at all stages. 9.03 12.5 All agreements reached under the grievance and arbitration procedure Grievance Procedure between the representatives of the Employer Corporation and the representatives for of the Union, shall Union will be final and binding upon the EmployerCorporation 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 computations. 12.7 Where no answer is given within the time limits specified in the Grievance Procedure, the employee(s) concerned, the Union and the employees. All time limits referred Corporation shall be entitled to in submit 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 next step of the grievance procedure, Grievance Procedure. 12.8 The Corporation will supply the Employer will mail necessary facilities for the grievance response to the homes Grievance meetings. 12.9 Subsection 16 of Section 48 of the grievor and Ontario Labour Relations Act (1995) does not apply to this Agreement. 12.10 The time limits fixed in the xxxxxxxGrievance Procedure may be extended by mutual consent of the Parties to this Agreement.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 9.01 It is Section 8.1 The Board and the mutual desire Association support and subscribe to an orderly method of the parties to this Agreement adjusting disputes or complaints that the complaint 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 resolved as promptly as possible. It 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 understood that an employee has no grievance until he has first discussed his complaint the basis for the grievance, he/she shall discuss the matter with his immediate Supervisor and afforded him an opportunity his/her supervising Administrator. (2) If such discussion does not resolve the matter to endeavour to adjust his complaintthe 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 employee has 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 complaint he written grievance with the supervising Administrator within ten (10) weekdays after the discussion. The written grievance shall discuss state the facts upon which it with his immediate Supervisor 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) working days weekdays after receiving the circumstances giving rise grievance. (4) If such reply does not resolve the matter to the complaint have originated grievant's satisfaction, he/she shall file a written statement of the reason why with the President of the College, or occurred. Failing settlement, it may be taken up as a grievance his/her designee within five (5) working days following advice 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 immediate Supervisor’s decision Association Grievance Committee and the administrator(s) within fifteen (15) weekdays. (If the President desires, a representative of the Board shall also be in the following manner and sequence: attendance.) The employee President, or designated representative, shall submit give a written grievance signed by him reply to his immediate Supervisor. The grievance shall specify the article or articles grievant within ten (10) weekdays after the discussion with a copy to the Chairperson of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five Association Grievance Committee. (5) working days following If such reply does not resolve the day on which matter, the Association Grievance Committee may refer the grievance was presented to himarbitration by giving written notice to the President within ten (10) weekdays after receiving the reply. Failing settlement, then: Within five (5) working days following weekdays of receipt of the decision under Step Inotification to refer the matter to arbitration, the employee shall submit the written grievance to the Director President of the Programme or designate who College and the Association President shall review confer to select a mutually agreed upon arbitrator. If the grievance and render parties cannot agree upon an arbitrator, an arbitrator shall be selected from a decision in writing within panel of five (5) working days from names submitted by 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 designateMichigan Employment Relations Commission in accordance with its procedures. The Executive Director arbitrator is empowered to make a decision in cases of an alleged violation of specific Articles or designate will meet with the grievor and the xxxxxxx from the appropriate area to review the grievance within five Sections of this Agreement. (51) days of receiving the grievance at this step. The Executive Director arbitrator shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence no power to add to, subtract from, alter, or modify any of the Union staff representative. Failing settlement, the decision terms of the Executive Director or designate this Agreement. (2) The arbitrator shall be delivered in writing within five (5) working days from limited to deciding whether the date on which the grievance meeting was convened. 9.02 Failing settlement, under the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration Administration has violated specific Articles or alleged violation Sections of this Agreement, including any questions and shall not substitute his/her judgment for that of the Administration as to whether 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 not arbitrable, it shall be referred back to the grievance may parties without decision or recommendation of its merits. (4) The decision of the arbitrator shall be submitted rendered within thirty (30) calendar days after the 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 arbitration as hereinafter provided. If no written request for arbitration is received within five 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 settlement of any grievance. (5) days from the date The fees and expenses of the decision arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Section 8.4 If a grievance involves a dispute regarding the rights of the Association under Step III above is giventhis Agreement rather than the rights of individuals, the grievance shall be deemed to have been settledfiled in writing by the President of the Association with the President of the College at Step 3 above within ten (10) weekdays after becoming aware of the event which is the basis of the grievance. 9.03 All agreements reached under Section 8.5 An employee may, at any time, elect to not have the Association involved in the processing of his/her grievance. At any time, any individual employee may present a grievance to the Administration and have the grievance and arbitration procedure between the representatives adjusted. This adjustment may occur without intervention of the Employer Association Grievance Committee if the adjustment is not inconsistent with the terms of this Agreement provided that the Association Grievance Committee has been given an opportunity to be present at such adjustment. Section 8.6 Since grievances are best settled if initiated and the representatives for the Union, shall be final and binding upon the Employerprocessed promptly, the Union and the employees. All foregoing time limits referred will be adhered to unless an extension is mutually agreed upon 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 bewriting. 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 "Weekdays" (including summer weekdays) means Monday through Friday excluding designated 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It The purpose of this procedure is to assure prompt, fair and equitable resolution of disputes concerning the mutual desire 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 shall be defined as a dispute regarding the interpretation or application of the parties terms of this written Agreement, other than for adverse actions, and the regular and recurrent assignment of House Staff Officers to this Agreement that the complaint of an employee duties not appropriate for House Staff Officers. Adverse actions shall be resolved appealed pursuant to the procedures set forth in Article 17 (Adverse Action). Any violations of the adverse action procedure set forth in Article 17 are subject to the grievance procedure (Article 16 Grievance Procedure). Grievances may be brought by an individual House Staff Officer with the assistance of the CIR/SEIU, and shall be undertaken as promptly as possiblefollows: (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. 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 Grievances must be presented within five ten (510) working business days after the circumstances giving rise House Staff Officer knew of the alleged violation leading 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 Supervisorgrievance. The grievance Program Director or Administrator, designee, shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his give his/her answer in writing to the House Staff Officer and the CIR within five seven (57) working business days following thereafter. (b) Second Step: If no satisfactory settlement is reached at the day on which First Step, the House Staff Officer may present 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 in writing to the Director of Vice President- Human Resources or his/her designated representative within seven (7) business days after House Staff Officer receives the Programme or designate who shall review the grievance and render a decision in writing within five (5) working days First Step answer 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 Program Director or designatedesignee. The Executive Director Vice President for Human Resources or designate his/her representative will meet with the grievor House Staff Officer and a representative of the xxxxxxx from CIR/SEIU within ten (10) business days after receipt of the appropriate area written grievance and shall give his/her answer in writing to review the written grievance within five seven (57) business days of receiving after he/she meets with the grievance at this step. The Executive Director shall have such counsel House Staff Officer and assistance as he may desire at this meeting as may the Union request the presence of the Union staff CIR 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 (c) Third Step: If any grievance is not satisfactorily resolved in the foregoing procedure, the CIR/SEIU may within thirty (30) calendar days after it receives the Vice President of any grievance between Human Resources, or his/her representative’s answer at the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrableSecond Step, the grievance CIR/SEIU may be submitted file a notice of arbitration with the American Arbitration Association, under its Voluntary Labor Arbitration Rules and Procedure, with a copy to arbitration as hereinafter providedthe Vice President of Human Resources. 2. If no written request for arbitration is received within five (5) days from the date The award of the decision under Step III above is given, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Union, arbitrator shall be final and binding upon the EmployerMedical Center, the Union CIR/SEIU, and the employeesHouse Staff Officers. All time limits referred 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 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 way any of the time limits established in this grievance procedureterms of the Agreement. However, any such agreement The fees and the expenses of the American Arbitration Association and the arbitrator shall be in writing and acknowledged borne equally by the parties. 9.04 For 3. Failure by the purposes of this Agreement, Medical Center to respond within the words “working days” time limits prescribed shall not include Saturdays, Sundays or paid holidays. 9.05 Where be deemed 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 denial of the grievance procedure, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxxgrievance.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 28.01 It is the mutual desire of the parties Employer and the Union to this Agreement ensure that the complaint complaints and grievances of an employee shall be resolved employees are adjusted as promptly quickly as possible. . 28.02 It is generally understood that an employee has no grievance until he has having a complaint shall first discussed his give the supervisor an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied with their xxxxxxx when taking up a complaint with his immediate Supervisor and afforded him an opportunity to endeavour to adjust his complaint. If an employee has the supervisor. 28.03 Any written dispute regarding the application, administration, interpretation or alleged violation of this Agreement shall be considered 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 Supervisorgrievance. The grievance shall specify the article or articles article(s) of the Collective Agreement of which a violation is alleged and shall alleged, contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with in the following manner. The immediate Supervisor shall submit his answer grievance must be submitted in writing within fourteen (14) calendar days of the incident giving rise to the complaint or from the employee’s knowledge of the occurrence giving rise to the grievance. The supervisor shall give an answer, in writing, to the xxxxxxx no later than five (5) working calendar days following the day on which after the grievance was presented is first submitted. If the supervisor fails to him. Failing settlementgive an answer to the grievance within the time limit set forth in Step One, then: Within five (5) working days following or if the decision under Step Ianswer is unsatisfactory, the employee shall submit Union Executive Committee may within fourteen (14) calendar days, take the written 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 Programme or designate who shall review Union Executive Committee, within seven (7) calendar days of the receipt of the grievance and render a at Step Two. The Employer shall deliver its 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 calendar days following the decision under Step IITwo 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 employee shall submit Union Executive Committee may refer the written grievance to the Director of Operations and the National Union Representative within fourteen (14) calendar days who shall schedule a meeting to take place between the Director of Operations and/or other designated management representative(s) and the National Union Representative and the Union Executive Director or designateCommittee within twenty-one (21) calendar days. The Executive Director of Operations shall deliver their decision, in writing, within seven (7) calendar days following the Step Three meeting. 28.04 The Union 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 Employer may initiate a policy grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Two of the grievance procedure. Such grievance shall be filed within fourteen (14) calendar days of the incident giving rise to the complaint or from the knowledge of the 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 process the grievance to arbitration in accordance with Article 29. 28.07 In the case of discipline or termination of employment of a student and where the student grieves, the Employer will mail shall be required to show that it acted reasonably in disciplining or terminating the grievance response to the homes employment of the grievor and the xxxxxxxstudent.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It 6:01 For purposes of this Agreement, a grievance is the mutual desire of the parties to this Agreement 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 defined 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 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 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 difference arising between the parties arising from relating to the interpretation, application, administration or alleged violation of this Agreement, including any questions question as to whether a matter is arbitrable. 6:02 It is the mutual desire of the parties hereto that complaints of Employees will be adjusted as quickly as possible, and it is understood that an Employee has no grievance until she has first given the immediate supervisor the opportunity to adjust the complaint. If an Employee has a complaint, such complaint will be discussed with the immediate supervisor within five (5) 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) days, the Employee may proceed to Step 1 with the grievance procedure within five (5) days following the decision of the immediate supervisor. An Employee is arbitrableentitled, upon request, to have a Union Committee Member present when discussing the complaint with the immediate Supervisor. 6:03 A grievance of an Employee properly arising under this Agreement will be adjusted and settled as follows: Step 1 The Employee, with the assistance of a Union Committee member, if desired, must submit a written grievance, signed and dated by the Employee, to her immediate supervisor. The nature of the grievance, the remedy sought, and the section or sections of the Agreement, which are alleged to have been violated will be set out in the grievance. The immediate Supervisor will deliver a decision in writing within five (5) days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. Step 2 Within five (5) days following the decision under Step No. 1, the grievance must be submitted to the Administrator (or a designate) to be discussed at a meeting between the Administrator (or a designate), the Union Committee members and the grievor(s) within five (5) days of receipt of the grievance. Either party may have assistance from outside the Home at this stage if desired. The Administrator (or a designate) will give a written disposition within ten (10) days of the day of such meeting. Step 3 Failing settlement, within five (5) days following the decision of Step # 2, the grievance may be submitted in writing to arbitration as hereinafter providedthe Chief Administrative Officer or his designate. If no written request for arbitration is received A meeting will then be held between the Chief Administrative Officer or his designate, the grievor and his union xxxxxxx within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 submission of the grievance or denial at Step # 3 unless extended by agreement of the grievance as the case may beparties. Notwithstanding the foregoing, the parties may agree to waive or extend any It is understood and agreed that representation of the time limits established in this grievance procedureCanadian Auto Workers may be present at such meeting. However, any It is further understood that the Chief Administrative Officer or his designate may have such agreement counsel and assistance as he may deem necessary at such meetings. The decision of the Chief Administrative Officer shall be in writing and acknowledged by made within five (5) days following the date of such meeting. 6:04 The reference to days excludes Saturdays, Sundays, and Paid Holidays. Time limits, as mentioned in this Article, may be extended on consent of both 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 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It 1. Employees who are beyond the probationary period may use the grievance procedure. Physicians are probationary during their first 90 days of employment. A grievance is defined as a claimed violation of any provision of this Agreement or of any Rutgers policy relating to mandatorily negotiable wages, hours or terms and conditions of employment, or 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 such administrative decision which has affected mandatorily negotiable terms and conditions of employment. Any decision not to reappoint a physician to the mutual desire medical staff will be subject to the grievance procedure except for non-reappointment at the end of the parties to this Agreement that initial appointment. Employees should in the complaint of an employee first instance discuss grievances informally with the person who precipitated the grievance. If there is no resolution at the informal stage, the procedure will be as follows. Step 1 The grievance shall be resolved as promptly as possiblepresented in writing to the person who took the action, normally the immediate supervisor, within ten (10) working days after the occurrence of the event giving rise to the grievance. It The grievance shall specify the alleged violation being grieved. Within two (2) working days after the grievance is understood that an submitted, the supervisor will arrange for a meeting. The employee has no grievance until he has may have representation at the meeting, if he/she desires, by a negotiations unit member employed by the University. This first discussed his complaint with his immediate Supervisor and afforded him an opportunity level of supervision shall give his/her answer to endeavour to adjust his complaint. If an the employee has a complaint he shall discuss it with his immediate Supervisor in writing within five (5) working days after the circumstances giving rise meeting. Step 2 If the grievance is not resolved at Step 1, the employee may, within three (3) working days of the written answer, forward the grievance to the complaint second level of authority with a copy to the first level of authority and to the Office of Labor Relations. Within five (5) working days of receipt of the written grievance, this second level of authority shall 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. Failing settlement, it may be taken up as a grievance This second level of authority shall send his/her written answer within five (5) working days following advice after the meeting 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 to the Office of Labor Relations within three (3) working days of receipt 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 SupervisorStep 2 answer. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within Within five (5) working days following days, the day on which Office of Labor Relations shall arrange for a meeting. The employee may be accompanied at the grievance was presented to himmeeting by a representative of the Union who is not an employee of Rutgers. Failing settlement, then: Within five (5) working days following after the decision under Step Imeeting, the employee Office of Labor Relations shall submit the send a written grievance answer to the Director of employee and to any representative present at 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 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 convenedmeeting. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 8.01 It is the mutual desire of the parties to this Agreement hereto that the complaint of an employee complaints shall be resolved adjusted as promptly 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 the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, applications, administration, and alleged violation of the Agreement or whether a matter is arbitrable. 8.03 It is understood that an employee has no grievance until he she has first discussed his complaint with his immediate Supervisor and afforded him an given her Department Head the opportunity to endeavour to adjust his of adjusting her complaint. If an employee has a Such complaint he shall discuss it be discussed with his immediate Supervisor her Department Head within five fourteen (514) working calendar days after from the circumstances event giving rise to the complaint grievance, or from when the employee should have originated or occurred. Failing settlementreasonably become aware of the event giving rise to the grievance and, failing settlement within seven (7) calendar days, it may shall then be taken up as a grievance within five the seven (57) working calendar days following advice of the immediate Supervisorher Department Head’s decision in the following manner and sequence: The employee shall must submit a written the grievance in writing signed by him her to his immediate Supervisorher Department Head and may be accompanied, if she so desires, by her Union xxxxxxx. The grievance shall specify identify the article or articles nature of the Collective Agreement of which a violation is alleged grievance, the remedy sought, and shall contain a statement the provisions of the facts relied upon and indicate the relief soughtAgreement which are alleged to have been violated. The immediate Supervisor shall submit his answer Department supervisor will deliver her decision in writing within five seven (57) working calendar days following the day on which the grievance was presented to himher. Failing settlement, then: Within five seven (57) working calendar days following the decision under Step Iin the immediately preceding step, the employee shall submit the written grievance may be submitted in writing to the Director of the Programme Human Resources Officer or designate who shall review of the grievance and render a decision in writing within five (5) working days from Hospital. A meeting will then be held between 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 of Human Resources Officer or designate will meet with the grievor and Unit Manager and the grievor, xxxxxxx from the appropriate area to review the grievance and Union staff representative within five seven (57) calendar days of receiving the submission of the grievance at this stepStep No. The Executive Director shall 2 unless extended by agreement of the parties. It is further understood that either party may have such counsel and reasonable assistance as he they may desire at this meeting as may the Union request the presence of the Union staff representativesuch meeting. Failing settlement, the The decision of the Executive Director or designate Hospital shall be delivered in writing within five seven (57) working calendar 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from following the date of the decision under Step III above is given, the grievance shall be deemed to have been settledsuch meeting. 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 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 7.01 It is the mutual desire of the parties to this Agreement hereto that complaints of both employees and the complaint of an employee employer shall be resolved as promptly quickly 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 will be taken up resolved as a grievance within five (5) working days following advice of the immediate Supervisor’s decision outlined 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 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 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 convenedprocedure outlined below. 9.02 Failing settlement, under the foregoing procedure, of any grievance between the parties arising from 7.02 Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this AgreementAgreement 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, including 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 questions as written reprimand or notified in writing that disciplinary action is being taken. Copies shall be sent to whether the Unit Chairperson and Business Representative. Step 1 The employee and a Union Xxxxxxx shall present the grievance is arbitrable, in writing to the Department Manager and/or Supervisor involved within ten (10) working days of the receipt of the immediate Supervisor’s reply to the employee’s complaint. The employee shall indicate the nature of the grievance may be submitted to arbitration as hereinafter providedand the remedy sought. If no written request for arbitration is received The Department Manager and/or Supervisor involved shall reply in writing within five (5) working days from after having received the date grievance. Step 2 If the reply of the decision under Step III above Department Manager is givennot 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 be deemed to have been settled. 9.03 All agreements reached under state the grievance and arbitration procedure between the representatives nature of the Employer grievance, the article(s) of the Collective Agreement which were violated and the representatives for circumstances giving rise to the Union, grievance. The Director of Human Resources or designate shall be final meet with the employee and binding upon grievance committee within five (5) working days of receipt of grievance. After 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 meeting 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 held at this stage of the grievance procedure, the Employer Director of Human Resources or designate will mail issue a written disposition of the matter within five (5) working days. Step 3 Failing settlement at Step 2, the Union may 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 response 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 may be extended by mutual agreement between the Corporation and the Union. 7.07 The Grievance Committee shall consist of the grievor, the Xxxxxxx referred to in Step 1, the Unit Chairperson and the Area Business Representative. The Union may appoint designates when necessary. 7.08 In the event of a group grievance, a policy grievance or a grievance respecting the discharge or suspension of a regular employee, the grievance shall be submitted in writing indicating the nature of the grievance, the article(s) of the Collective Agreement which were violated and the circumstances giving rise to the homes grievance. The grievance will be processed commencing at Step 2 of the grievor and grievance procedure. This clause shall not be used for the xxxxxxxpurpose of abridging the right of the employee to process grievances, nor shall it be used for the purpose of submitting matters to be handled through the grievance procedure by employees.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is For the mutual desire purpose of the parties to this Agreement that a grievance is defined as any difference between the complaint of Employer and 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 group 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 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 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 arising from employees concerning the interpretation, application, administration or alleged violation of this Agreement, Agreement and/or the discipline or discharge of an employee including any questions question as to whether a matter is arbitrable. 9.02 It is the mutual desire of the Employer and the Union that complaints and grievances be adjusted as quickly as possible. Either party may request a time extension, 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 opportunity to adjust the complaint. The employee and/or the District Chair or Vice Chair (or designate), shall discuss the complaint with the Lead Supervisor or the Manager within five (5) calendar days after the circumstances giving rise to the complaint originated or occurred or from the time the employee ought reasonably to have become aware of the circumstances giving rise to the complaint, whichever is later. Failing settlement of the complaint by the Lead Supervisor or the Manager within five (5) calendar days, it may be taken up as a written grievance within five (5) calendar days following the reply of the Lead Supervisor or the Manager in the following manner: Step No. 1 A written grievance may be submitted by the District Chair or Vice Chair to the Manager or his designate. The nature of the grievance, the remedy sought and the section(s) of the Agreement alleged to have been violated shall be set out in the grievance. The Manager or his designate shall deliver his decision in writing within ten (10) calendar days following the presentation of the grievance is arbitrableto him. Failing settlement, then: Step No. 2 Within five (5) calendar days following the decision in Step 1, the District Chair or Vice Chair will submit the written grievance to the Manager (Headquarters) or his designate unless extended by mutual agreement of the parties in writing, and a meeting shall be held between the Employer, an official of the Union, the Grievor and the District Chair or Vice Chair at which time the grievance shall be discussed. The decision of the Manager or his designate shall 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 as hereinafter provided. If no written request for arbitration is received within five fifteen (515) calendar days from the date of after the decision under Step III above 2 is given, the grievance shall be deemed to have been settled. 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 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire A grievance shall be defined as any difference arising out of the parties interpretation, application, administration, or alleged violation of the Collective Agreement. (A) In order to this Agreement that provide an orderly procedure for the complaint settling 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 grievances, the Employer acknowledges the right of the Union to endeavour to adjust his complaint. If an employee has appoint, or otherwise select a complaint he shall discuss it with his immediate Supervisor within Grievance Committee of five (5) working days after members, who shall process any grievance in their department in accordance with the circumstances giving rise 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 complaint have originated or occurred. Failing settlement, it may be taken up as a grievance within five Grievance Committee. (5C) working days following advice The Union shall notify the Employer in writing of the immediate Supervisor’s decision 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 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 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, thenmanner: Step 1: Within five fifteen (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 (515) working days from the date on which the grievance is presented to him. Failing settlement, then: Within five (5) working days following employee became aware of the decision under Step IIalleged violation of the Collective Agreement, the employee shall submit 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. Step 2: If the Shop Xxxxxxx and/or the grievance committee consider the grievance to be justified, a written grievance form will be submitted and 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 Executive Director or designateof Human Resources within ten (10) working days. Step 3: If the grievance is not resolved within ten (10) working days of the meeting referred to in Step 2, the grievance may be presented in written form to the Associate Superintendent - Human Resources. The Executive Director or designate Associate Superintendent - Human Resources will meet with the grievor and along with his Union representative in an attempt to resolve the xxxxxxx dispute. Step 4: If the grievance is not resolved within ten (10) working days of the meeting referred to in Step 3, the Union may within ten (10) working days of receipt of the written decision under Step 3, refer the matter to the Step 4 Hearing Committee composed of two (2) appointees from the appropriate area Union and two appointees from the Employer. Union appointees will be at no cost to review the grievance 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) working days and will proceed to the succeeding step within ten (10) working 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) days or more employees, or dismissal of receiving 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 at this step. was filed. (J) The Executive Director Employer shall supply the necessary facilities for the grievance meetings. (K) Employees together with their Shop Stewards shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate shall be delivered access to all information in writing within five (5) working days from the date on which the grievance meeting was convenedtheir personnel file. 9.02 Failing settlement(L) If the grievant, under Union or Management fails to process a grievance to the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 next step in the grievance procedures and procedure within the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits specified they 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 request an extension of the time limits established in this grievance procedurewriting. However, any such agreement Such requests shall not be in writing and acknowledged unreasonably denied by the partiesother party. 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 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement that the complaint of an employee shall Step 1. A grievance must 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 presented in writing to the complaint have originated nurse’s immediate supervisor or occurred. Failing settlementdesignee, it may be taken up as with 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 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 courtesy copy to the Director Manager of the Programme or designate who shall review the grievance and render a decision in writing Labor Relations, within five twenty-one (521) 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) calendar days from the date of the decision under Step III above is givenoccurrence. 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 deemed violated. A grievance relating to have been settledpay shall be timely if received by the Medical Center within twenty-one (21) calendar days after the pay day for the period during which the grievance occurred. In the event of an issue concerning a discharge, the issue must be presented within seven (7) calendar 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 be held within fourteen (14) calendar days following the filing of the grievance, in which case the immediate supervisor's or designee's written reply is due within seven (7) calendar days after this meeting. 9.03 All agreements reached under 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 shall reply in writing within seven (7) 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 arbitration procedure between the representatives determination within ten (10) calendar days after receipt of the Employer and department/division head’s response or if the representatives department/division head’s response is not received within that period, within ten (10) calendar days after the expiration of time allotted in Step 2 for the Union, department/division head’s response. The Regional Vice President of Patient Care Services or designee shall be final meet within fourteen (14) calendar days with the nurse and binding upon a representative of the EmployerAssociation to resolve the matter and shall reply in writing within ten (10) calendar days after the meeting. Step 4. If the grievance is not resolved at Step 3, the Union and Association may thereafter present it to an impartial arbitrator for determination by giving 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 Medical Center written notice within twenty-one (21) calendar days after receipt of the grievance or denial Step 3 reply of the grievance as Association’s intent to refer the case may be. Notwithstanding the foregoing, the parties may agree matter 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 partiesarbitration. 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 2 contracts

Samples: Professional Agreement, Professional Agreement

GRIEVANCE PROCEDURE. 9.01 It 8.01 The purpose of this article is to establish a procedure for the mutual desire prompt handling of grievances. A nurse representative may assist the grievor at any stage of the parties grievance procedure if so requested. Prior to this Agreement that formal discipline or discharge, the complaint Employer shall notify the nurse, in advance, 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 her entitlement to endeavour to adjust his complaint. If an employee union representation. 8.02 A nurse who has a complaint he shall discuss it with his immediate Supervisor within five (5) working days after the circumstances giving rise relating 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 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 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 arising from the interpretation, application, administration or alleged violation of this Agreementthe Agreement shall discuss her complaint with the Nursing Director of the unit. Such complaint shall be brought to the attention of the Nursing Director of the unit within ten (10) calendar days 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, including any questions as such nurse may within seven (7) working days of the reply to whether the complaint by the Nursing Director of the unit, refer such matter in writing to the Director of Resident Services who shall answer the grievance in writing within five (5) working days. If no settlement is arbitrablereached at Step #1, the grievance may be submitted 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. If no written request for arbitration is received within five . (5a) days from The Association or the date Employer may initiate a grievance beginning at Step #2 of the decision under Step III above is given, the Grievance Procedure. Such grievance shall be deemed to have been settled. 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.within ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 Section 9.1 It is the mutual desire 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 is defined as a written dispute, claim, or complaint arising under and during the term of this Agreement and filed by either an authorized union representative acting on behalf of the parties employee, or an employee in a recognized classification, or a grievance filed by the City. Grievances are limited to matters of interpretation or application of express provisions of this Agreement Agreement. For issues regarding the Tacoma Municipal Code Personnel Rules or Compensation Plan, 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 action under the grievance procedure falls on a weekend or holiday, the deadline will be extended to the next working day. Any and all timelines specified in this Article may be waived by written mutual agreement of the 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 the complaint of an employee shall Union fails to submit the grievance within these time limits without such written notice, the matter will be resolved considered as promptly withdrawn. All grievances must be filed as soon 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 , but not later than thirty (530) working 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. Failing settlement, it A complaint alleging discrimination by the employee’s immediate supervisor may be taken up as a grievance within five (5) working days following advice initiated at Step 2 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 Supervisorprocedure outlined below. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days 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 Any resolution at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate shall level will 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter providednon-precedent setting. If no written request for arbitration satisfactory answer or disposition is received within five (5) calendar days, the complaint will be processed as follows: Step 1 The employee 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 City’s Labor Relations Division. The supervisor or official will within fourteen (14) calendar days issue a written response to the Union specifying the issue, and the City’s decision. Step 2 Failing to resolve the grievance in the first step, the Union representative will, within fourteen (14) 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. Any grievance filed by the City will be first considered at this step. 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 date time the Union contacts the City, unless a longer time is mutually agreed upon. The City will respond within fourteen (14) calendar days from the meeting date, 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 decision under Step III above is givengrievance procedure as contained in this Agreement will be final and binding on the City, the grievance shall be deemed to have been settledUnion and employees represented by the Union and covered by this Contract. 9.03 All agreements reached 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 (30) calendar days of the day the written disposition was given under the grievance and arbitration procedure between the representatives steps of the Employer grievance procedure provided for in this Agreement. In the event that either party should fail to serve such written notice, the matter will be considered as settled on the basis of the written disposition made in the last step of the grievance procedures. A list of seven (7) arbitrators will be 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 representatives for party requesting arbitration. Should the Unionparties fail to arrive at the selection of an arbitrator, shall 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 Employerexpense of its own representatives, attorneys and all costs related to the Union development and presentation of their respective cases in arbitration. All other expenses incident to the arbitration will be divided equally. The arbitrator will have no power to render a decision that will add to, subtract from or alter, change or modify this Agreement; and the employees. All time limits referred arbitrator’s power will be limited 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 an interpretation 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 application 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 Section 9.6 It is understood that there will be no suspension of a Union Xxxxxxx unless the employee requests to speak work, slowdown, or curtailment of services while any difference is in process of adjustment or arbitration pursuant to the Employer without representation. At each step terms of the grievance procedure, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxxthis Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 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 the Agreement, including any question as to whether a matter is arbitrable. 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 to this Agreement hereto that complaints of nurses regarding the complaint of an employee collective agreement shall be resolved adjusted as promptly quickly as possible. It possible and it is understood that an employee a nurse has no grievance until he she has first discussed his complaint with his immediate Supervisor and afforded him an given her Executive Director of Resident Nursing Services opportunity to endeavour to adjust his of adjusting her complaint. If an employee has a Such complaint he shall discuss it be discussed with his immediate Supervisor her Executive Director of Resident Nursing Services or designate within five nine (59) working calendar days after the circumstances giving rise to it having occurred and the complaint have originated Executive Director of Resident Nursing Services or occurreddesignate shall reply within nine (9) calendar days. Failing settlement, it may It shall then be taken up as a grievance within five nine (59) working calendar days following advice of the immediate Supervisor’s decision in the following manner and sequence: Step 1: The employee shall nurse may submit a written grievance signed by him her to his immediate Supervisorthe Executive Director of Resident Nursing Services or designate. The grievance shall specify the article Executive Director of Resident Nursing Services or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer designate will deliver her decision in writing within five nine (59) working calendar days following the day on which the grievance was presented to himher. Failing settlement, settlement then: Step 2: Within five nine (59) working calendar days following the decision under Step I, No. 1 the employee shall nurse may submit the written grievance to the Director of CEO/Administrator or designate. The parties will, if either party requests, meet to discuss the Programme grievance at a time and place suitable to both parties. The CEO/Administrator or designate who shall review will deliver the grievance and render a decision in writing within five nine (59) working calendar days from the date on which the written grievance is 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. Failing settlement, then: Within five 2 within fourteen (514) working calendar days following the decision under Step II, circumstances giving rise to the employee complaint or grievance. A grievance by the Employer shall submit be filed with the written 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 designatehis/her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The Executive Director or designate will meet with the grievor grievance shall then be treated as being initiated at Step No. 2 and the xxxxxxx from applicable provisions of this Article shall then apply with respect to the appropriate area processing of such grievance. 8.06 The release of a probationary nurse for reasons based on performance and ability to review do the job, 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 five seven (57) days of receiving the grievance at this stepsuch release. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate A claim by a probationary nurse that she has been unjustly released shall be delivered in writing 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 five seven (57) working days from after the date on 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 to the 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 nurse with the Employer at Step No. 2 within nine (9) calendar days after the 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 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 the grievance meeting was convenedmay be deemed just and equitable. 9.02 8.07 Failing settlement, settlement under the foregoing procedure, procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions question as to whether the grievance a matter is arbitrable, the such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five thirty-six (536) calendar days from the date of after the decision under Step III above No. 2 is given, the grievance shall be deemed to have been settledabandoned. 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. 9.03 8.08 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for of the Union, shall Union will be final and binding upon the Employer, Employer and the Union and the employees. All time limits referred to in the grievance procedures and the arbitration procedure, nurses. 8.09 Grievances 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 on a form mutually agreed upon by the parties. 9.04 For (a) When either party requests that any matter be submitted to arbitration as provided in the purposes of foregoing Article, it shall make such request in writing addressed to the other party to this AgreementAgreement 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 words “working 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 not include Saturdays, Sundays or paid holidaysthen request the Minister of Labour for the Province of Ontario to appoint a chairman. 9.05 Where (b) Within ten (10) days of the receipt of notice referred to in Article 8.10 (a) either party may require a grievance has been filed by an employee the Employer shall not discuss process for a sole arbitrator where the grievance with the grievor without the presence of concerns: i) job posting; ii) a Union Xxxxxxx unless the employee requests short term layoff; iii) responsibility pay, premiums, overtime and call-in pay; iv) entitlement to speak leave; v) scheduling issues; vi) any other grievance as mutually agreed. All references in Article 8 to the Employer without representation. At each step of the grievance procedure, the Employer will mail the grievance response an Arbitration Board shall be taken to the homes of the grievor and the xxxxxxxinclude a sole arbitrator.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to Section 1. A grievance under this Agreement that shall mean only a controversy or claim arising directly out of or relating to the complaint interpretation, application or breach of an employee a specific provision(s) of this Agreement 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, but shall be resolved as promptly as possiblesubject to the procedures set out in Article XVI, Discipline. Section 2. It is understood that an employee has no Step #1. The Union representative, with or without the aggrieved House Officer, shall present the grievance until he has first discussed his complaint with his immediate Supervisor and afforded him an opportunity orally to endeavour the House Officer’s Program Director or his/her designee or Chief of Service or his/her designee. The parties shall attempt to adjust his complaintresolve the grievance informally. If an employee has a complaint he they are unable to do so, the Union shall discuss it with his immediate Supervisor reduce the grievance to writing, within five thirty (530) working calendar days after the circumstances giving rise to the complaint employee or Union had knowledge or should have originated or occurred. Failing settlement, it may be taken up as a grievance within five (5) working days following advice had knowledge 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 occurrence or articles failure of occurrence of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days 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 incident on which the grievance is presented 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 grievance in writing within seven (7) calendar days of the Union’s submission of the grievance to him/her. Failing settlement, then: Within five Grievances involving Hospital-wide issues or grievances not resolvable by a Department may be filed directly at step 2. (57) working calendar days following after the decision under date that the Step II, 2 response was due. A Step 3 hearing shall be scheduled within twenty-one (21) calendar days of receipt of the employee shall submit the written grievance Union’s submission to the Executive Director or designateStep 3. The Executive Director or designate will meet with the grievor and the xxxxxxx from the appropriate area Hospital shall issue an answer to review the grievance within five twenty-one (521) calendar days of receiving the Step 3 hearing. Section 4. Arbitration under this Agreement shall be limited to grievances that have been timely processed through the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 convenedprocedure. 9.02 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 questions as to whether (a) If the grievance is arbitrablenot satisfactorily resolved at Step 3, the grievance Union, and only the Union, and not any individual employee, may submit the matter to arbitration. Such submission must be submitted to arbitration as hereinafter provided. If no written request for arbitration made within thirty (30) calendar days after the date that the Step 3 answer was due which due date is received within five (5) days computed from the date of the decision under scheduled Step III above is given3 meeting. A demand for arbitration must be served in writing, by the grievance shall be deemed to have been settledappropriate 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. 9.03 All agreements reached (b) The Arbitrator shall have the authority only to settle disputes arising under this Agreement concerning the grievance interpretation and arbitration procedure between the representatives application of specific section(s) and Article(s) of the Employer 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 representatives for parties, in writing. The Arbitrator must render his or her decision within thirty (30) calendar days after the Unionconclusion of the hearing or the submission of briefs, whichever is later. The decision of the Arbitrator shall be final and binding upon the Employergrievant, the Union Hospital and the employeesUnion. All 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 limits referred to in deadline at any Step of this Grievance Procedure shall constitute a waiver of the grievance procedures and no further action may be taken on it. Time is of the arbitration procedureessence, shall be construed as mandatory and failure to comply with but any time limits shall in this Article can be deemed abandonment of the grievance or denial of the grievance as waived by both parties, in writing. In the case may beof 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. Notwithstanding If the foregoingfinal day of a time period in this Article falls on a Saturday, Sunday or Hospital Holiday, the parties may agree to waive or extend any final day of the time limits established in this grievance procedure. However, any such agreement period shall be in writing and acknowledged by the partiesnext business day. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement that the complaint of an employee The following steps shall be resolved followed in the processing of grievances: Step 1: A grievance must be submitted in writing to the Lecturer’s designated Supervisor (or designee) and the Department Chair, Deputy Xxxx, or Master, as promptly as possible. It is understood that an employee has no grievance until he has first discussed his complaint with his immediate Supervisor the case may be and afforded him an opportunity if different from the Supervisor, within thirty (30) calendar days of when the aggrieved Lecturer knew or reasonably could have been expected 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 know of 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 Supervisorgrievance. The grievance shall specify be dated and signed by the article Lecturer or articles the Union representative and comply with the requirements set forth above in Section 2.A. Within twenty (20) calendar days of submission of the Collective Agreement of which written grievance, the Supervisor (or designee) shall meet at a violation is alleged mutually convenient time and shall contain a statement place with the Lecturer and the Union representative(s), if any, in an attempt to resolve the grievance. The grievance answer will be sent to the parties, in writing, within fourteen (14) calendar days of the facts relied upon and indicate meeting. Step 2: Grievances not resolved at Step 1 may be appealed in writing by the relief soughtUnion or the Lecturer to the Xxxx of the Lecturer’s designated academic unit, including but not limited to School/Division or College, fourteen (14) calendar days following issuance of the Step 1 answer, or within fourteen (14) calendar days of the deadline for the Step 1 response, if not received. The immediate Supervisor shall submit his answer appeal will set forth in writing within five (5the factual or other reason(s) working days following for 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 designateappeal. The Executive Director Xxxx or designate will meet with the grievor and the xxxxxxx from the appropriate area to review the grievance their designee shall conduct a meeting within five twenty-one (521) calendar days of receiving the grievance appeal, and at this stepa mutually convenient place and time on a business day, for the purpose of attempting to resolve the grievance. The Executive Director Xxxx (or designee) shall have such counsel and assistance as he send a written answer to the parties within twenty-one (21) calendar days following this meeting. Step 3: Grievances not resolved at Step 2 may desire at this meeting as may be appealed in writing by the Union request or the presence Lecturer to the Xxxxxxx or their designee within twenty-one (21) calendar days following the issuance of the Union staff representativeStep 2 answer. Failing settlementThe appeal shall set forth in writing the factual or other reason(s) for the appeal. Within twenty-one (21) calendar days of receiving an appeal, the decision Xxxxxxx or their designee(s) shall hold a meeting at a mutually convenient place and time on a business day for discussion of the Executive Director grievance. The Xxxxxxx, or designate their designee, shall send a written answer to the parties within twenty-one (21) calendar days following this meeting. Any grievance filed by the Union on behalf of two or more Lecturers, or involving the dismissal of a Lecturer or a grievance against a Xxxx, may be initiated at Step 3. Step 4: A grievance not resolved at Step 3 may be referred in writing by the Union for arbitration, provided that the Xxxxxxx receives written notice of intent to arbitrate within thirty (30) calendar days following the issuance of the Step 3 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 an arbitrator is not selected within fourteen (14) days following receipt of the written notice, the 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 delivered in writing within five (5) working days selected from the date on list by alternately striking names, with the parties alternating which strikes first. The Union will be the grievance meeting was convenedfirst party to make the first strike. 9.02 Failing settlement, under the foregoing procedure, B. The arbitrator will be notified of any grievance between the parties arising his/her selection by a joint letter from the interpretationUniversity and the Union requesting that they set a time and place for the hearing, application, administration or alleged violation subject to availability of this Agreement, including any questions as to whether the grievance is arbitrable, the University and Union representatives. C. Not more than one (1) grievance may be submitted to arbitration as hereinafter provided. If 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 written request case, have the 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 arbitration is received within five (5) days from the date term of appointment the Lecturer held at the time the grievance was filed. E. The decision of the decision arbitrator on any grievance submitted under Step III above is given, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Union, this article 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 on all 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It Section 5.01 A grievance is a complaint by an employee or group of employees for whom the Union is the mutual desire bargaining agent, involving the interpretation or application of any of the parties to provisions of this Agreement that the agreement, dismissal without proper cause, involuntary demotion, or a complaint of an employee shall be resolved as promptly as possible. It is understood that an employee has no grievance until he in any manner been unfairly treated by the Company; or that the health and safety of the employee or employees has first discussed 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 complaint own interest. It is encouraged that the employee and/or his/her xxxxxxx discuss the issue with his immediate Supervisor and afforded him an opportunity the employee’s supervisor in the spirit of trying 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 resolve the circumstances giving rise issue before resorting 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 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 if such agreement shall be in writing and acknowledged matter presented by the parties. 9.04 For the purposes 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 words “working days” Company shall not include Saturdaysimmediately notify the Union, Sundays or paid holidaysand the Union shall be present and participate in the discussions and dispositions of such matter. 9.05 Where Section 5.03 Once a grievance has been filed presented by an employee the Employer Union to the Company, representatives of the Company shall not discuss the grievance with the grievor aggrieved employee or employees without affording the presence of appropriate Union representative an opportunity to be present. Section 5.04 When a Union Xxxxxxx unless the employee requests to speak grievance is presented to the Employer without representation. At each step Company in writing, the supervisor having authority over the matter shall within ten (10) calendar days of the date of presentation hold a meeting for adjustment of the grievance procedurewith the appropriate Union representatives. The Company shall answer the grievance in writing within ten (10) calendar days after the date of this meeting. Section 5.05 If the grievance is not satisfactorily adjusted under the provisions of Section 5.04, the Employer will mail Union may appeal the grievance response to the homes Company representative within twenty (20) calendar days following issue of the grievor 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 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 xxxxxxxCompany. 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 investigate 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. 9.01 It is the mutual desire of the parties to this Agreement that the complaint of an Grievances will be processed as follows: Step 1: Any 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 who has a complaint he grievance shall discuss it with his immediate Supervisor within five (5) working days after submit the circumstances giving rise grievance in writing to the complaint have originated employee’s Battalion Chief or occurred. Failing settlementdesignee, it may be taken up as with or without 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 SupervisorUnion representative. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a full statement of all relevant facts, the facts relied upon provision or provisions of this Agreement which are alleged to have been violated, and indicate the relief soughtrequested. 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 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 To 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrabletimely, the grievance may must be submitted to arbitration as hereinafter provided. If presented no written request for arbitration is received within five later than ten (510) calendar days from after the date first act, event or commencement of the decision under Step III above condition which is given, the grievance shall be deemed to have been settled. 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 basis of the grievance or denial ten (10) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the grievance as the case may be. Notwithstanding the foregoingfirst act, the parties may agree to waive event or extend any commencement of the time limits established in this grievance procedurecondition which is the basis of the grievance. However, any such agreement The Battalion Chief or designee shall be in writing and acknowledged by notify 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 Union that a grievance has been filed by an employee as soon as practicable. The Union will then have ten (10) calendar days from receipt of the Employer shall not discuss notification to review the grievance with the grievor 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 the presence of a Union Xxxxxxx unless the employee requests to speak representative, to the Employer without representation. At each step of Fire Chief, or the grievance procedureChief’s designee, no later than ten (10) calendar days after the Employer will mail date the grievance Battalion Chief or designee emails the response to the homes 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 grievor 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 not settled in Step 2, the written grievance shall be presented by the employee, with or without a Union representative, to the City Manager, or the Manager’s designee, not later than ten (10) calendar days after the date the Fire Chief, or the Chief’s designee, emails the response to the grievance and places such response in the xxxxxxxemployee’s department mail box. The City Manager or the Manager’s designee shall make such investigation of the facts and circumstances as the Manager, or the Manager’s designee, deems necessary, and 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 no meeting, within fourteen (14) calendar days after the date the grievance was received by the Manager, or the Manager’s designee. Step 4: If the grievance remains unresolved within ten (10) calendar days after the reply of the City Manager or the Manager is due, the Union, by written notice to the 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. 9.01 It Section 1. The purpose of this procedure is to grant recognition to the mutual desire 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. The purpose of the procedure is also to provide prompt adjustment of grievances by the Town and the Association. A grievance is defined as any dispute or controversy between the parties as to the application of the specific provisions of this Agreement that Agreement. A grievance, except as is otherwise provided for herein, shall be processed in accordance with the complaint of an following procedure: Step 1: The aggrieved employee shall be resolved as promptly as possible. It is understood that an employee has no first present his/her grievance until he has first discussed his complaint with his immediate Supervisor and afforded him an opportunity in writing to endeavour to adjust his complaint. If an employee has a complaint he shall discuss it with his immediate Supervisor the Chief of Police within five seven (57) working calendar days after of the circumstances occurrence or failure of occurrence giving rise to the complaint have originated or occurredgrievance. 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 give a violation is alleged and shall contain a statement summary of the facts relied upon involved, the provision(s) of this Agreement allegedly violated and indicate the relief soughtdesired. The immediate Supervisor Chief of Police shall submit advise the aggrieved employee of 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 concerning the grievance within five (5) calendar days of receiving after the grievance is presented. Step 2: If at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence end of the Union staff representative. Failing settlementfive (5) calendar days next following the presentation at Step 1 the grievance shall not have been disposed of to the employee’s satisfaction, the decision of aggrieved employee or the Executive Director or designate shall be delivered in writing Association may, within five (5) working calendar days from the date on which thereafter, submit the grievance meeting was convened. 9.02 Failing settlementin writing to the Town Administrator. The written grievance shall give a summary of the facts involved, under the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation provision(s) of this AgreementAgreement allegedly violated and the relief desired. The grievance submission shall also include a copy of the actual grievance document submitted at Step 1 as well as a copy of the response, including any questions as to whether if any, by the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter providedChief of Police at Step 1. If no written request for arbitration is received within Within five (5) calendar days from the date after receipt of the written grievance, the Town Administrator shall meet the aggrieved employee and representative(s) of the Association in an effort to resolve the grievance. Within five (5) calendar days after the conclusion of said meeting, the Town Administrator shall advise the aggrieved employee and the Association in writing of his decision under concerning the grievance. Step III above is given, 3: If at the end of the fifteen (15) calendar days following the presentation at Step 2 the grievance shall be deemed to not have been settleddisposed 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. The Board of Selectmen or its designated representative shall, within fifteen (15) calendar days after the 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. 9.03 All agreements reached under Step 4: If the Association is not satisfied with the disposition of the grievance and arbitration procedure at Step 3 or if no decision has been rendered within fifteen (15) calendar days after said meeting between the representatives 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 Employer and the representatives for the Union, Massachusetts Department of Labor Relations. • Expenses of arbitration shall be final and binding upon borne equally by both parties. • Any matter that is subject to the Employer, the Union and the employeesjurisdiction of any State commission or Retirement Board established by law shall not be a subject of grievance or arbitration hereunder. All time limits referred Failure at any step of this procedure to in appeal the grievance procedures and to the arbitration procedure, shall be construed as mandatory and failure to comply with any next step within the specified time limits shall be deemed abandonment to be acceptance of the decision rendered at that step. A grievance or denial not initiated within the time specified at Step 1 shall be deemed waived. The failure of the grievance as the case may be. Notwithstanding the foregoingTown (acting through its Police Chief or otherwise) to respond to any grievance, the parties may agree to waive or extend at any of step, within the time limits established in this grievance procedure. Howeverrequired herein, any such agreement shall be in writing and acknowledged by the partiesdeemed to be a denial thereof. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is 27.01 Employees who feel that they have been unjustly dealt with by the mutual desire of Company, or complaints raised by employees concerning the parties to this Agreement 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 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 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 arising from the interpretation, application, administration interpretation or alleged violation of this Agreementcollective agreement shall be dealt with in the following manner: Step 1 Within fourteen (14) calendar days from the cause of grievance, including any questions as to whether the employee, Local Chairperson or authorized committee member may present the grievance is arbitrablein writing to the Assistant Superintendent, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received who in turn, will provide a decision within five fourteen (514) calendar days from the date of receiving the appeal from the Union. Step 2 Within forty-five (45) calendar days from receiving the decision under at Step III above is given1, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives Regional Representative of the Employer and Union may appeal in writing to the representatives Company’s Sr. Vice President for Western Canada (attention Labour Relations). The Regional Representative of the Union can request a meeting (Joint Conference) with the Sr. Vice President of his/her designate within thirty (30) calendar days following the Union, shall be final 's Step 2 submission to review 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 aim of resolving the presence dispute. The Company will provide a final response within thirty (30) calendar days of the parties’ Joint Conference, or, if a Joint Conference is not requested, within forty-five (45) calendar days of receipt of the grievance. 27.02 A grievance concerning the discipline or discharge of an employee will commence at Step 2 of the grievance procedure within forty-five (45) calendar days from the date the employee is notified of the assessment of discipline. On request, the Regional Representative of the Union shall be provided with all evidence in the case. 27.03 The settlement of a Union Xxxxxxx unless the employee requests to speak dispute shall not under any circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the Employer without representationdate that such grievance was submitted at Step 1 of the grievance procedure. 27.04 When a grievance other than one based on a claim for unpaid wages is not advanced by the Union within the prescribed time limits, the grievance will be considered as dropped. At each 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 Employer will mail grievance is considered as dropped. When the grievance response to the homes appropriate officer of the grievor 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 extended by mutual agreement between the Union Representative and the xxxxxxxCompany Officer at any step.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire 21.1 Should either party allege a violation of the parties to this Agreement that the complaint of Agreement, an employee xxxxxxx effort shall be resolved as made to settle such matters promptly as possiblein accordance with this Grievance Procedure. 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 Parties may not submit grievances on matters outside the scope of this Agreement. 21.2 Grievances of discharge must be asserted within five (5) working days after of when the circumstances giving rise grieving party knew or should have known of the alleged violation, or else they are barred. All other types of grievances must be asserted within fifteen (15) calendar days of when the grieving party knew or should have known of the alleged violation, or else they are barred. The period shall commence to run on the day following the action complained of. In case of disciplinary action which results in a written warning, suspension or discharge, the Shop Xxxxxxx will be present, if requested by the employee. 21.3 A Xxxxxxx may investigate and attempt to adjust a pending request, complaint or grievance. The Company and Union will determine those employees to be present at any scheduled meetings by and between the Company and the Union during the time the employee’s grievance is discussed, provided the meeting(s) do not interfere with operations. 21.4 Any grievance affecting the hourly rate of an employee which is settled in favor of the employee shall be retroactive to the date in which the error first occurred, as required by state law. In the event the state law changes, whether by legislative, judicial or administrative action, the Company’s liability under this provision shall be limited to sixty (60) days prior to the date the grievance was presented to the Company in writing in Step 1 of this procedure. Where the grievance has not been appealed as provided herein, it shall be considered settled on the basis of the last answer given by the Company. If the Company fails to respond in accordance with the time limits set forth herein, the Union may appeal it to the next step. 21.5 The Steps of the Grievance Procedure shall be as follows: (A) Step One: Subject to Section 21.2, any employee or his/her designated Xxxxxxx, having a complaint have originated or occurredunder the terms of this Agreement shall explain the matter to his/her supervisor. The employee may request the supervisor to summon the Xxxxxxx. An attempt will be made to settle the grievance at this stage. Failing settlementto resolve the grievance, it may will be taken up as a grievance reduced to writing and submitted by the Union within five (5) working days following advice of to the immediate Supervisor’s decision in the following manner and sequence: The employee shall submit a written grievance signed by him to his immediate SupervisorPlant Manager or Human Resources Manager. The grievance Union will notify the Company of all grievances by submitting the form in Appendix E. Subsequently, the Company shall specify date, sign and return to the article or articles Union’s Business Representative a copy of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing Grievance within five (5) working days following days. (B) Step Two: The Union and the day on which Company’s Human Resources Business Partner and/or the Plant Manager shall discuss the grievance was presented within ten (10) working days from the date of receipt of the Step 1 grievance. Within ten (10) working days after the meeting between Company and Union, the Company shall answer in writing to himthe Union. Failing settlementWithin ten (10) working days after receipt of the Company’s answer, thenthe Union may refer the matter to Step 3. (C) Step Three: The Union, the Company’s Director, Labor Relations and/or a Company Representative from the Managing Director, West Gas Plants shall discuss the grievance within fifteen (15) working days from the date of receipt of the Step 2 grievance response. If the parties fail to resolve the grievance within fifteen (15) working days after the meeting, either party may refer the matter to arbitration. (D) Either party may request the Federal Mediation and Conciliation Service (FMCS) to provide a list of no less than seven (7) qualified arbitrators by separately submitting the request directly to the FMCS. Either party may reject a list in its entirety on one occasion. Within five (5) working days following the decision under Step Iof receipt of such list, the employee individuals to represent the parties at the arbitration hearing and one other individual appointed by each party shall submit confer to select an arbitrator by alternatively striking a name from the written grievance list until one name remains who shall be the arbitrator. The parties shall flip a coin to determine who strikes the Director first name. The date to be set for the arbitration shall be one which is mutually agreed to by and among the arbitrator, the Union and the Company. At this Step, the parties will also attempt to resolve the issue in a manner that is satisfactory to both parties. If an agreeable settlement is not reached, the parties will jointly advise the arbitrator of the Programme or designate who shall review following agreed upon steps which s/he is to follow in the grievance and render a decision in writing within five rendering of his/her decision: (51) 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 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 arbitrator 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Employerparties. The burden of proof for any decision shall be by a preponderance of the evidence. (2) Back pay remedies affecting an employee’s hourly rate shall be awarded as provided in 21.4 above. All other remedies shall be limited to a maximum of no more than ten (10) months retroactive pay, unless it is shown that the Company willfully and deliberately violated the Agreement. (3) The arbitrator shall have no power or authority to add to or subtract from or modify in any way the terms and conditions of this Agreement. Where discipline is at issue, the Union arbitrator shall only have the power to adjudicate the issue of “just cause.” (4) All fees and expenses of the arbitrator shall be shared equally by the Company 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 Union. (E) The parties may mutually agree in writing to waive or extend any of the time limits established noted above in this grievance procedure(A), (B) and (C). However, any such agreement shall Such notice and concurrence may be in writing and acknowledged by the partiesdelivered electronically. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is In the mutual desire of the parties to event an employee covered by this Agreement claims that his/her rights and privileges under this Agreement have been violated, the complaint of an employee matter shall be resolved as promptly as possiblein accordance with the following procedure: Step 1: Within ten (10) calendar days after the first occurrence of the event giving rise to the 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. It The written grievance shall set forth the nature of the grievance, the facts on which it is understood that an employee has no grievance until he has first discussed his complaint based, the provision or provisions 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 his immediate Supervisor and afforded him an opportunity the Union at a mutually agreeable time to endeavour to adjust his complaintdiscuss the matter. If an employee has the grievance is settled as a complaint he result of such meeting, the settlement shall discuss it with his immediate Supervisor be reduced to 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 the Union within five (5) working calendar days after following their meeting. The Employer and the circumstances giving rise 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 Union shall present the matter in writing to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance County Grievance Board within five (5) working calendar days following advice after receipt of the immediate SupervisorDepartment Head’s decision in the following manner and sequence: The employee shall submit a written grievance signed by him to his immediate Supervisoranswer. The grievance Grievance Board shall specify be composed of three (3) members appointed by the article or articles County Board of Commissioners. Within fourteen (14) calendar days of receipt of such written grievance, the Collective Agreement County Grievance Board shall schedule a hearing into the matter, after the close of which a violation is alleged and it shall contain a statement of the facts relied upon and indicate the relief soughtrender its decision no later than fourteen (14) calendar days thereafter. 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 If 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 not settled in accordance 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 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, the Union may refer the grievance to arbitration within ten (10) calendar days after receipt of any grievance between the parties arising 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 interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether panel. The party striking the grievance is arbitrable, first name shall be established by the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date Rules of the decision under Step III above is given, the grievance Bureau of Mediation Services. The remaining person shall be deemed notified of his/her selection and requested to have been settled. 9.03 All agreements reached under set a date and a time subject to the grievance and arbitration procedure between the representatives availability of the Employer and the representatives for 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 writing 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 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 thirty (30) calendar days 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 upon 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 and the employees. All time limits referred may elect 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 treat the grievance as denied at the case step and immediately appeal the grievance to the next step. The time limit in each step may be. Notwithstanding the foregoing, the parties may agree to waive or extend any be extended by mutual written agreement of the time limits established Employer and Union representative involved in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the partieseach step. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 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, whether or not such claims, disputes, or other matters involve the interpretation or application of this Agreement. It is the mutual desire intent of the parties to this Agreement that the complaint of an employee shall such grievances be resolved as promptly quickly as possiblepossible and in the area where the claim, dispute, or other matter is brought to the attention of the Company. It is understood further intended that an employee effort be made to resolve the claim, dispute, or other matter before institution of the formal Grievance Procedure. STEP ONE When agreement has no not been reached through discussion of the grievance until he has first discussed his complaint with his immediate the 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 Site Human Resources Manager, the Shift Committeeperson may then, and within five (5) working thirty days after following the circumstances occurrence or having become aware of the situation, condition or action giving rise to the complaint have originated or occurred. Failing settlementgrievance, it may be taken up as a present the grievance within five (5) working days following advice to the Supervisor and Site Human Resources Manager in writing, setting forth the exact nature of the immediate Supervisor’s decision in grievance and the following manner and sequence: The employee shall submit a written grievance signed by him to his immediate Supervisorrelief requested. The grievance shall specify Negotiating grievances at Step One will be the article or articles responsibility of the Collective Agreement of which 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 violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer reply in writing within five 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. (5) working days following Example: If the day Committeeperson grieves in writing on which the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under Step IMonday, the employee 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 submit be one of the written grievance 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 Director order of discussion of grievances will be made at 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 he may desire at this meeting as may the Union request the presence of the Union staff representativeor the Company. Failing settlementEither party may refer a grievance back to Step One of the Grievance Procedure not more than one time, and either party may take a grievance back at Step Two one time. Any grievance which is referred back to Step One or taken back at Step Two must be discussed again in a grievance meeting at the appropriate step of the Grievance Procedure within ninety (90) calendar days. If agreement is not reached at Step Two, the decision Chairperson of the Executive Director or designate shall be delivered in writing within five (5) working days from Bargaining Committee may appeal the date on which Step Two decision by registration of the grievance meeting was convened. 9.02 Failing settlement, under for discussion at Step Three. Any grievance not registered at Step Three within the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) first fourteen calendar days from following the date of the decision under last Step III above is given, Two fact sheet will be considered withdrawn without prejudice. STEP THREE Negotiating grievances at Step Three will be the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives responsibility of the Employer GE Aviation Manager of Union Relations (or his/her designated representative) and the representatives Chairperson of the Bargaining Committee for the Union, shall . Discussing grievances at Step Three will be final and binding upon the Employer, responsibility of the GE Aviation Manager of Union Relations and the employeesChairperson of the Bargaining Committee with the designated Committeeperson for the Union. All time limits referred to in Other Committeepersons, upon mutual agreement by the grievance procedures Shift Committeeperson and the arbitration procedureGE Aviation Manager of Union Relations, shall be construed as mandatory and failure to comply with may attend all or part of the Step 3 meeting at their discretion. The Chairperson may request a recess at any time limits shall for the purpose of obtaining inputs from Committeepersons other than the designated Committeeperson regarding the specific grievance being discussed. The designated Committeeperson will be deemed abandonment determined by the Chairperson on a grievance by grievance basis. Grievances will be discussed at Step Three in order of their registration except as provided below. The Company will provide the Chairperson of the Bargaining Committee with a sequential Step Three grievance or denial registration list, as necessary. The Chairperson of the grievance as Bargaining Committee may elect to withdraw grievances registered at Step Three without prejudice. Exceptions to the case may be. Notwithstanding order of discussion at Step Three will be made at the foregoing, the parties may agree to waive or extend any request of the Chairperson of the Bargaining Committee for grievances involving disciplinary time limits established in this grievance procedureoff and discharge. 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 Either party may refer a grievance has been filed by an employee the Employer shall not discuss the grievance with the grievor without the presence of back to a Union Xxxxxxx unless the employee requests to speak to the Employer without representation. At each lower step of the grievance procedureprocedure 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 discussed again in a grievance meeting at the appropriate step of the procedure within thirty calendar days. In the event of a request for arbitration of a grievance under Article XX, the Employer will mail Chairperson of the Bargaining Committee may request an arbitrability conference with designated Company representatives. The matter of arbitrability, stipulation of issue to be arbitrated and whether or not such grievance could be "expedited" would be reviewed with the Chairperson, International Representative and one other designated union representative. The written request for such a meeting must be made within ten calendar days following the meeting when the Company's final decision was made with respect to such grievance. A grievance filed on behalf of a candidate for preferential placement under Article 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 response arises following the original location's plant closing date. The Company shall give its final decision to the homes of Union in writing within a reasonable time after discussions with the grievor Union and an opportunity to investigate the xxxxxxxfacts.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 8.01 It is the mutual desire of the parties to this Agreement hereto that the complaint of an employee complaints shall be resolved adjusted as promptly 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 the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, applications, administration, alleged violation of the Agreement or whether a matter is arbitrable. 8.03 It is understood that an employee has no grievance until he she has first discussed his complaint with his immediate given her Supervisor and afforded him an the opportunity to endeavour to adjust his of adjusting her complaint. If an employee has a Such complaint he shall discuss it be discussed with his immediate her Supervisor within five fourteen (514) working calendar days after from the circumstances event giving rise to the complaint grievance, or from when the employee should have originated or occurred. Failing settlementreasonably become aware of the event giving rise to the grievance and, failing settlement within seven (7) calendar days, it may shall then be taken up as a grievance within five the seven (57) working calendar days following advice of the immediate her Supervisor’s decision in the following manner and sequence: The employee shall must submit a written the grievance in writing signed by him her to his immediate Supervisorher Supervisor and may be accompanied, if she so desires, by her Union xxxxxxx. The grievance shall specify identify the article or articles nature of the Collective Agreement of which a violation is alleged grievance, the remedy sought, and shall contain a statement the provisions of the facts relied upon and indicate the relief soughtAgreement which are alleged to have been violated. The immediate Supervisor shall submit his answer Department supervisor will deliver her decision in writing within five seven (57) working calendar days following the day on which the grievance was presented to himher. Failing settlement, then: Within five seven (57) working calendar days following the decision under Step Iin the immediately preceding step, the employee shall submit grievance may be submitted in writing to the written grievance to Chief Human Resources Officer or designate of the Hospital. A meeting will then be held between the Director of the Programme Chief Human Resources Officer 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 Unit Manager and the grievor, xxxxxxx from the appropriate area to review the grievance and Union staff representative within five seven (57) calendar days of receiving the submission of the grievance at this stepStep No. The Executive Director shall 2 unless extended by agreement of the parties. It is further understood that either party may have such counsel and reasonable assistance as he they may desire at this meeting as may the Union request the presence of the Union staff representativesuch meeting. Failing settlement, the The decision of the Executive Director or designate Hospital shall be delivered in writing within five seven (57) working calendar 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from following the date of the decision under Step III above is given, the grievance shall be deemed to have been settledsuch meeting. 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 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 10.01 It is the mutual desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possible 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. 10.02 A grievance shall be defined as a complaint regarding the meaning, interpretation, application or alleged violation of this Agreement that Agreement, or in the complaint case of an employee shall be resolved as promptly as possible. who has acquired seniority under this Agreement, a complaint that he/she has been unjustly laid off or has not been recalled from layoff or has been discharged without cause. 10.03 It is understood that an employee has no grievance until he he/she has first discussed his complaint with his given his/her immediate Supervisor and afforded him supervisor an opportunity to endeavour to adjust his his/her complaint. If an employee has a complaint he complaint, he/she shall discuss it with his his/her immediate Supervisor supervisor. In order to be considered a grievance, such discussion must take place within five ten (510) working calendar days after the circumstances giving rise to the complaint first occurred or have originated come or occurredought reasonably to have come to the attention of the employee. Failing settlementThe supervisor shall communicate his/her reply to the complaint within seven (7) calendar days from the date the grievance was presented to him/her. In such complaint is not settled to the satisfaction of the employee concerned, it the complainant may be taken up as file a grievance within five (5) working days following advice of the immediate Supervisor’s decision in the following manner and sequence: The : Step 1 Within seven (7) calendar days following the decision of the immediate supervisor, the employee shall submit with the assistance of his representative, if he desires, may present a signed, dated, written statement of such grievance signed by him to his immediate Supervisorthe Operations Manager or designate. The grievance shall specify the article or articles nature of the Collective Agreement of which a violation is alleged and shall contain a statement grievance, the Article(s) of the facts relied upon Agreement that has been allegedly misapplied or misinterpreted and indicate the relief soughtor remedy sought shall be clearly set out in the grievance. The immediate Supervisor Operations Manager or designate shall submit deliver his answer in writing decision within five seven (57) working calendar days following the day on which the grievance was has presented to him. Failing settlement, then: : Step 2 Within five seven (57) working calendar days following the decision under Step I1, the employee shall submit with the assistance of his/her representative, may present the written grievance to the Director Company President or designate. The Company President or designate shall hold a meeting within fifteen (15) calendar days with the grievor, and the Union representative to discuss the grievance. Either party may request the assistance of a staff representative of the Programme Union to attend at said meeting. The Company President or designate who shall review the grievance and render a deliver their decision in writing within five fifteen (515) working calendar days following the day on which the meeting was held. 10.04 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 validity of such claim shall continue to perform the normal duties assigned to him/her by management (unless he/she has been suspended or discharged), providing such duties do not jeopardize the life, health or safety of the employee. (a) The Union may file a “Policy Grievance” which may not be used to bypass the regular grievance procedure. A policy grievance is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which, because of the nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance. Such policy grievance shall be filed in writing within ten (10) calendar days from the date on which occurrence or origination of 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 circumstances giving rise to the Executive Director or designategrievance. 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 he may desire at this meeting as may the Union request the presence must be signed by an authorized Officer of the Union staff representative. Failing settlement, the decision and shall be heard at Step 2 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 convenedGrievance Procedure. 9.02 Failing settlement(b) The Employer shall have the right to file a policy grievance with the Union concerning the meaning, under the foregoing procedure, application or interpretation of any grievance between the parties arising from the interpretation, application, administration or alleged violation provision of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the The grievance shall be deemed to have been settled. 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, filed in writing with 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.Senior Management within ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire 22.1 Should either party allege a violation of the parties to this Agreement that the complaint of Agreement, an employee xxxxxxx effort shall be resolved as made to settle such matters promptly as possiblein accordance with this Grievance Procedure. 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 Parties may not submit grievances on matters outside the scope of this Agreement. 22.2 Grievances of discharge must be asserted within five (5) working days after of when the circumstances giving rise grieving party knew or should have known of the alleged violation, or else they are barred. All other types of grievances must be asserted within fifteen (15) calendar days of when the grieving party knew or should have known of the alleged violation, or else they are barred. The period shall commence to run on the day following the action complained of. In case of disciplinary action which results in a written warning, suspension or discharge, the Shop Xxxxxxx will be present, if requested by the employee. 22.3 A Xxxxxxx may investigate and attempt to adjust a pending request, complaint or grievance. The Company and Union will determine those employees to be present at any scheduled meetings by and between the Company and the Union during the time the employee’s grievance is discussed, provided the meeting(s) do not interfere with operations. 22.4 Any grievance affecting the hourly rate of an employee which is settled in favor of the employee shall be retroactive to the date in which the error first occurred, as required by state law. In the event the state law changes, whether by legislative, judicial or administrative action, the Company’s liability under this provision shall be limited to sixty (60) days prior to the date the grievance was presented to the Company in writing in Step 1 of this procedure. Where the grievance has not been appealed as provided herein, it shall be considered settled on the basis of the last answer given by the Company. If the Company fails to respond in accordance with the time limits set forth herein, the Union may appeal it to the next step. 22.5 The Steps of the Grievance Procedure shall be as follows: (A) Step One: Subject to Section 22.2, any employee or his/her designated Xxxxxxx, having a complaint have originated or occurredunder the terms of this Agreement shall explain the matter to his/her supervisor. The employee may request the supervisor to summon the Xxxxxxx. An attempt will be made to settle the grievance at this stage. Failing settlementto resolve the grievance, it may will be taken up as a grievance reduced to writing and submitted by the Union within five (5) working days following advice of to the immediate Supervisor’s decision in the following manner and sequence: The employee shall submit a written grievance signed by him to his immediate SupervisorPlant Manager or Human Resources Manager. The grievance Union will notify the Company of all grievances by submitting the form in Appendix E. Subsequently, the Company shall specify date, sign and return to the article or articles Union’s Business Representative a copy of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing Grievance within five (5) working days following days. (B) Step Two: The Union and the day on which Company’s Human Resources Business Partner and/or the Plant Manager shall discuss the grievance was presented within ten (10) working days from the date of receipt of the Step 1 grievance. Within ten (10) working days after the meeting between Company and Union, the Company shall answer in writing to himthe Union. Failing settlementWithin ten (10) working days after receipt of the Company’s answer, thenthe Union may refer the matter to Step 3. (C) Step Three: The Union, the Company’s Director, Labor Relations and/or a Company Representative from the Managing Director, West Gas Plants shall discuss the grievance within fifteen (15) working days from the date of receipt of the Step 2 grievance response. If the parties fail to resolve the grievance within fifteen (15) working days after the meeting, either party may refer the matter to arbitration. (D) Either party may request the Federal Mediation and Conciliation Service (FMCS) to provide a list of no less than seven (7) qualified arbitrators by separately submitting the request directly to the FMCS. Either party may reject a list in its entirety on one occasion. Within five (5) working days following the decision under Step Iof receipt of such list, the employee individuals to represent the parties at the arbitration hearing and one other individual appointed by each party shall submit confer to select an arbitrator by alternatively striking a name from the written grievance list until one name remains who shall be the arbitrator. The parties shall flip a coin to determine who strikes the Director first name. The date to be set for the arbitration shall be one which is mutually agreed to by and among the arbitrator, the Union and the Company. At this Step, the parties will also attempt to resolve the issue in a manner that is satisfactory to both parties. If an agreeable settlement is not reached, the parties will jointly advise the arbitrator of the Programme or designate who shall review following agreed upon steps which s/he is to follow in the grievance and render a decision in writing within five rendering of his/her decision: (51) 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 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 arbitrator 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Employerparties. The burden of proof for any decision shall be by a preponderance of the evidence. (2) Back pay remedies affecting an employee’s hourly rate shall be awarded as provided in 22.4 above. All other remedies shall be limited to a maximum of no more than ten (10) months retroactive pay, unless it is shown that the Company willfully and deliberately violated the Agreement. (3) The arbitrator shall have no power or authority to add to or subtract from or modify in any way the terms and conditions of this Agreement. Where discipline is at issue, the Union arbitrator shall only have the power to adjudicate the issue of “just cause.” (4) All fees and expenses of the arbitrator shall be shared equally by the Company 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 Union. (E) The parties may mutually agree in writing to waive or extend any of the time limits established noted above in this grievance procedure(A), (B) and (C). However, any such agreement shall Such notice and concurrence may be in writing and acknowledged by the partiesdelivered electronically. 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 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It 8:01 For purposes of this Agreement, a grievance is the mutual desire of the parties to this Agreement 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 defined 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 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 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 difference arising between the parties arising from relating to the interpretation, application, administration or alleged violation of this Agreement, including any questions question as to whether a matter is arbitrable. 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 he/she has first given his/her immediate Supervisor the opportunity of adjusting his/her complaint. If an employee has a complaint, such complaint shall be discussed with his/her immediate supervisor within seven (7) 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 seven (7) calendar days, the employee may proceed with the grievance procedure within seven (7) calendar days following the decision of the immediate Supervisor. Any employee is arbitrableentitled, upon request, to have a Union Xxxxxxx present with him/her when meeting with the immediate Supervisor to attempt to adjust his/her complaint. 8:03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a Union Xxxxxxx, if desired, must submit a written grievance, signed and dated by the employee, to his/her Department Head or designate. The nature of the grievance and the remedy sought shall be set out in the grievance. In addition, the employee will endeavour to set out the section or sections of the Agreement which are alleged to have been violated. The Department Head or designate will deliver his/her decision in writing within seven (7) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be submitted to arbitration as hereinafter providedtaken. If no written request for arbitration is received within five Within seven (57) calendar days from the date of following the decision under Step III above is givenNo. 1, the grievance shall must be deemed submitted to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure Director Human Resources or his/her designate to be discussed at a meeting between the representatives of Director Human Resources or his/her designate, the Employer said Xxxxxxx, the grievor(s) 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.Committee within seven

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It A. The purpose of this procedure is to secure, at the mutual desire lowest possible level, an equitable solution to the problem which may arise. The parties agree that this procedure will be kept as informal as may be appropriate. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss this matter informally with any appropriate member of the supervisory staff of the police department. B. Definition: 1. The term grievance as used herein, means any controversy arising over the interpretation, application or alleged violation that may be raised by an individual. C. Steps of the grievance procedure: The following constitutes the sole and exclusive method for resolving grievances between parties to this Agreement that the complaint of an employee involved and shall be resolved as promptly as possiblefollowed in its entirety unless any step is waived by mutual consent. Step 1. It is understood that an employee has no grievance until he has first discussed The complainant shall submit, in writing, a signed Statement of Grievance to 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 superior within five (5) working fifteen calendar days after of the circumstances event 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 alleged and shall contain a statement of the facts relied upon and indicate the relief soughtgrievance. The immediate Supervisor supervisor shall submit his answer in writing within five (5) working days following the day on which attempt to settle the grievance was presented to himwithin ten (10) days. Step 2. 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 If the grievance is presented to himnot settled in the first step the complainant may make a written request for a second meeting, within ten (10) calendar days after the answer of the first step. Failing settlement, then: Within five (5) working days following The request for a second step shall include a signed Statement of Grievance and the decision under Step II, the employee first step disposition. The request for a second step meeting shall submit the written grievance be given to the Executive Director or designateChief of Police. The Executive Director or designate will meet Chief of Police shall set a meeting within fifteen (15) calendar days after receipt of the request. Said second step meeting shall be between the Chief of Police and the complainant and the Borough Administrator. The Chief of Police’s answer to the second step shall be delivered to complainant with a copy to the Borough Administrator within fifteen (15) calendar days after the meeting. Step 3. If the complainant is not satisfied with the grievor and the xxxxxxx from the appropriate area to review the grievance within five (5) days handling or result of receiving the grievance at this the second step. The Executive Director shall have such counsel , the complainant may, within ten (10) calendar days, submit, in writing, a notice together with a signed Statement of Grievance to the Mayor and assistance as he may desire at this meeting as may the Union request the presence members of the Union staff representativePublic Safety Committee requesting a ruling on the grievance. Failing settlement, the decision of the Executive Director or designate A meeting shall be delivered in writing set 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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.twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It Section 1. A grievance is defined as any dispute involving the mutual desire application or alleged violation of any provision of this Agreement other than as stated herein. The grievance procedure shall not apply to discipline referred to as a letter of counseling or a verbal warning. In situations involving either letters of counseling or verbal warnings, the Employee Relations Officer may be asked to verify the existence of the parties to policy or practice which was the basis for the letter of counseling or verbal warning. A work day is defined as Monday through Friday, excluding holidays. Section 2. Any grievance as defined by Section 1 of this Agreement that the complaint of an employee article shall be settled in the following manner: (a) The grievance shall be taken in writing to the employee’s division director within ten (10) work days after the grievance occurs or within ten (10) work days after notification of written reprimand, suspension, demotion, or termination by the aggrieved employee and/or union representative. The division director will render a decision within ten (10) work days. A copy of the grievance response will be mailed and faxed or e-mailed to the SEIU office within this ten (10) workday period. (b) Should the grievance not be resolved as promptly as possibleby the division director the employee and/or the union representative may take the grievance to the Department Director. It is understood that an The employee has no and/or the union representative must initiate the grievance until he has first discussed his complaint in writing to the Department Director with his immediate Supervisor ten (10) workdays from the date of receipt of the action of the division director. The Department Director will render a decision within ten (10) workdays. A copy of the grievance response will be mailed and afforded him an opportunity faxed or e-mailed to endeavour the SEIU office within this ten (10) workday period. (c) Should the grievance not be resolved by the Department Director, the employee may, within ten (10) workdays of the completion of step (b), put the grievance in the form of a signed letter and send it to adjust his complaintthe Employee Relations Officer. If an The Employee Relations Officer shall require of the Department Director a letter to the Employee Relations Officer setting forth specific reasons for the decision made by the Department director. This letter must be submitted to the Employee Relations Officer within ten (10) workdays. (d) The Employee Relations Officer shall, within ten (10) workdays after receipt of the letter from the employee, contact the employee has organization, the employee and all supervisory personnel concerned, and attempt to resolve the grievance. The written results of the findings of the Employee Relations Officer will be given to the employee, the employee organization, and to the Human Resources director within fifteen (15) workdays of the receipt of the employee’s original letter. Upon verbal request of the ERO a complaint he shall discuss it with his immediate Supervisor within five (5) working days after day extension of the circumstances giving rise time limit may be granted. A copy of the ERO’s grievance response will be mailed and faxed or e-mailed to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance SEIU office within five this fifteen (515) working days following advice of workday period. (e) If the immediate Supervisorgrievant is not satisfied with the Employee Relations Officer’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 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 Ifinding, the employee shall submit grievant may within ten (10) work days appeal the written grievance to the Director Grievance Board. The Grievance Board shall consist of two (2) persons selected by the Union and two (2) persons selected by the City. The Employee Relations Officer and the Union Business Agent shall select a fifth person to act as chairperson. Any costs for the services of the Programme or designate who chairperson shall review be shared equally by the Union and the City. (1) The purpose of the Grievance Board shall be to: a. Investigate and determine facts; b. Recommend settlement of the grievance consistent with the facts and the terms of the contract. (2) The Employee Relations Officer shall act as secretary to the Board, and shall handle all correspondence. The Board shall draw all necessary rules and regulations for conducting its fact-finding hearings. The rules and regulations shall provide for the grievant and the City to: – present evidence supporting their position. – call witnesses. – cross examine witnesses. – be represented by counsel at the hearing. – provide for a record of the hearing. Said rules and regulations shall be reviewed and approved by the Union and management. The recommendation of the Board shall be forwarded to the City Manager within ten (10) work days of the conclusion of the hearing. (f) The City Manager shall render a decision within ten (10) work days of receipt of the Grievance Board recommendation and his/her decision is final. In the event the City Manager reverses the recommendation of the Grievance Board, the reason(s) and finding(s) will be provided to the grievant in writing writing. In cases of termination, the grievant may proceed directly to step (d) of this procedure within five ten (510) working days from the date on which the grievance is presented to himemployee’s receipt of termination notice. Section 3. Failing settlement, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance When a matter subject to the Executive Director or designateGrievance Procedure has been grieved, and is then the subject of a prohibited practices complaint under the jurisdiction of the Public Employee Relations Board, said grievance and response time shall be held in abeyance until the Public Employee Relations Board has rendered its decision. The Executive Director or designate will meet with Regardless of the grievor and stage of proceedings of the xxxxxxx from the appropriate area to review the grievance Grievance Procedure, any responsive filing must be made within five (5) work days of receiving the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may receipt by the Union request the presence union of the Union staff representative. Failing settlement, the decision of the Executive Director Public Relations Board. Nothing in this article shall relieve the employer or designate the Union of its responsibility to make initial filings under the grievance procedure within ten (10) work days of the occurrence of the grievance. Failure to file a grievance within the initial ten (10) work days of occurrence waives the right of the employee and the Union to grieve the matter after the Public Employee Relations Board has rendered its decision. Section 4. Any letter of disciplinary action to be placed in an employee’s personnel file shall specify the date when the letter is to be delivered in writing within five (5) working days removed from the date on which file (provided no subsequent discipline has been imposed during said period), or if appropriate, specify that the grievance meeting was convened. 9.02 Failing settlement, under the foregoing procedure, of any grievance between the parties arising letter is permanent and shall not be removed from the interpretation, application, administration or alleged violation file. Records of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If discipline involving no written request loss of pay will remain in an employee’s file for arbitration is received within five (5) days one year from the date of the decision under Step III above is givenviolation and will be removed at the employee’s request if no other violations have occurred in that time period. Disciplinary action resulting in a loss of pay, injury to an employee, or damage to City property/ property of the general public/ City equipment/ equipment of the general public becomes part of the employee’s personnel record. Section 5. When employees are scheduled by their supervisor and/or any other superior within their department, to attend a meeting concerning disciplinary action, or before a Safety Review Board, the grievance person scheduling them shall be deemed advise them that they have the right to have been settleda union representative attend the meeting with them. The employee will be allowed an appropriate amount of time for scheduling a union representative, overnight if necessary. 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 1 contract

Samples: Memorandum of Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement that the complaint of To prevent minor complaints from grievances, an employee shall be resolved as promptly as possible. It is understood that an employee has no grievance until he has should first discussed discuss 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 supervisor within five (5) working nine calendar days after the circumstances giving rise to the complaint were known or should have originated been known. The supervisor shall give his response to the complaint within five calendar days and failing or occurred. Failing settlementfailing response, it may be then taken up as a grievance within five (5) working seven calendar days following the advice of the immediate Supervisor’s supervisor's decision in the following manner and sequence: The employee shall submit . For purposes of this Agreement, 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 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 defined as 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 a difference arising between the parties arising from relating to the interpretation, application, administration or alleged violation of this the Agreement, including any questions question as to whether a natter is arbitrable. For the purposes of this Article, reference to "days" relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A grievance shall be presented in writing to the department (salaried) supervisor by the employee his union representative. The department supervisor shall give his reply in writing within three working days of receiving the complaint. If the department supervisor fails to adjust the grievance in a satisfactory manner, it be referred by the Union to the department superintendent in writing within seven calendar days following the reply of the department supervisor. The department shall give his reply in writing within seven calendar days. If his reply is arbitrablenot satisfactory, the Union shall the grievance may be submitted in writing to arbitration as hereinafter provided. If no written request for arbitration is received the appropriate manager or designate within five (5) ten calendar days from the date of the decision under Step III above reply the department manager. The appropriate manager or designate w i l l give his reply within ten calendar days, and the reply is givennot considered satisfactory, the Union shall, within twenty calendar days notify the in writing of its intention to the matter to a Board of Arbitration. The time limit between steps may be extended by mutual consent. If a discharged employee claims that an injustice has been done him, an appeal shall be made to the appropriate manager or designate within two calendar days (Saturday, Sunday, and holidays excepted), and if it is found that the employee has been unjustly dismissed, he shall be reinstated without loss of seniority and shall be paid for all time he has lost as a result of his dismissal. A policy or group grievance may be initiated by either party at Step of the Grievance Procedure. Such grievance shall be deemed filed within seven calendar days after the circumstances giving rise to the grievance. When the grieving party requests that a grievance be submitted to arbitration as provided in the foregoing Article, it shall such requests in writing addressed to the other party to this Agreement, and state the matter at issue in terms and shall state in which respect the Agreement has been violated or misinterpreted by the reference to the specific clause or clauses relied upon. The notice shall also stipulate the nature of the relief or remedy sought. At the same time of notice, the party shall appoint a nominee. Within ten (10) days thereafter the other party shall appoint its nominee; provided, however, that ifsuch party fails to appoint a as herein required, the Minister of Labour for the Province of Ontario party invoking procedure. The two nominees so appointed, shall select a mutually agreed upon If the parties fail to reach agreement on the Chairman, then either party may apply to the Ministry of Labour for the Province of Ontario, shall have the authority to appoint a No person may be appointed as an arbitrator has been settled. 9.03 All agreements reached under involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance and arbitration procedure between procedure. The Arbitration Board shall not be authorized to make any decision inconsistent with the representatives provisions of this Agreement, nor to alter, add to or amend any part of this Agreement. The proceedings of the Employer Arbitration Board w i l l be expedited by the parties hereto and the representatives for decision of majority and where there is no majority, the Union, shall decision of the chairman w i l l be final and binding upon the Employer, the Union parties hereto and the employeesemployee or employees concerned. All time limits referred to in Each of the grievance procedures parties hereto will bear the expense of the nominee appointed by it and the arbitration procedureshare equally the expenses, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment if any, of the grievance or denial chairman of the grievance as the case may beArbitration Board. Notwithstanding the foregoing, the parties may agree that any natter submitted by either of them to waive or extend any of the time limits established in this grievance procedure. However, any such agreement arbitration shall be in writing and acknowledged dealt with by the partiesa single arbitrator. 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 1 contract

Samples: Safety Agreement

GRIEVANCE PROCEDURE. 9.01 It A grievance is defined as a complaint raised by an employee against the mutual desire City or a complaint raised by the City against the Union or an employee, involving the interpretation or application of a specific provision of this Agreement, 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 his/her immediate supervisor, or a management representative designated by the employer, accompanied by a Union representative within fourteen (14) calendar days of the parties alleged occurrence. The immediate supervisor or the employer designated representative shall give a written response within fourteen (14) calendar days of 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 this Agreement that his/her Department Head. The written grievance shall give the complaint nature of an employee shall be resolved as promptly as possiblethe grievance describing the violation, misinterpretation, or disagreement and the remedy sought. It must be signed 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 he has first discussed his complaint with his immediate Supervisor and afforded him an opportunity to endeavour to adjust his complaintreceived. If an employee has The Department Head shall give a complaint he shall discuss it with his immediate Supervisor written reply within five fourteen (514) working calendar 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 Supervisorwas received. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days following the day on which In case the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under is not settled in Step ITwo, 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 Union may present his/her grievance within five fourteen (514) calendar days of receiving the grievance at this stepStep Two response to the City Director of Human Resources. The Executive Director written grievance shall have such counsel and assistance as he may desire at this meeting as may document the Union request the presence nature of the Union staff representativegrievance describing the contract violation, misinterpretation, or disagreement and the remedy sought. Failing settlement, The Director of Human Resources shall give a written reply within fourteen (14) calendar days after the decision of written grievance is received. In 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether event the grievance is arbitrablenot settled at Step Three, either party must submit the grievance may be submitted matter to arbitration as hereinafter provided. If no written request the Bureau of Mediation Services for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 assistance 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 resolution of the grievance or denial prior to proceeding to arbitration. The timeline for submitting the BMS request must occur within fourteen (14) calendar days following the receipt of the Step 3 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 partiesresponse. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It 1. A grievance is defined as any difference or dispute concerning the interpretation, application, or claimed violation of any provision of this Agreement or of any Rutgers policy or an administrative decision relating to wages, hours, or other terms or conditions of employment of the employees, as defined herein. The procedure set forth herein is the mutual desire sole and exclusive remedy for any and all claims pertaining to the provisions of this Agreement. 2. All grievances, regardless of the parties to Step at which they are initiated, must specifically cite which provision of this Agreement that and/or Rutgers policy is alleged to have been violated. The Union shall endeavor to set forth specific information indicating the complaint factual nature of the grievance. This language is not intended to preclude the Union from amending its grievance. 3. A grievance of an employee or of the Union shall be resolved as promptly as possiblehandled in the following manner. It is understood that an Discharge grievances may be presented immediately under the provisions of paragraph 6 below. Step 1: An employee has having a grievance shall present it in writing in the first instance to the immediate supervisor within fourteen (14) calendar days after the occurrence of the event or knowledge thereof out of which the grievance arises. The immediate supervisor shall within four (4) calendar days arrange a meeting with the employee. The employee shall notify the shop xxxxxxx of the date and time of the meeting; no grievance until he has first discussed his complaint with his meeting shall take place without the xxxxxxx being present. The immediate Supervisor and afforded him an opportunity to endeavour supervisor shall attempt to adjust his complaint. If an the grievance and shall give a written answer to the employee has a complaint he shall discuss it with his immediate Supervisor and to the employee's xxxxxxx within five (5) working calendar days after the circumstances meeting. In cases where the event giving rise to the complaint have originated grievance is not initiated by the employee's immediate supervisor, the grievance initially shall be presented to the first level of supervision having authority to effect a remedy. Step 2: If the employee or occurred. Failing settlementthe Union is not satisfied with the Step 1 answer, it the Union may be taken up as a advance the grievance within five (5) working days following advice to the second level of authority by forwarding the written grievance and written answer to the Office of Labor Relations, the President of the immediate Supervisor’s decision in Union, and 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 employee's next level of authority within seven (7) calendar days after receipt of the Collective Agreement written answer. (For the purpose of which this grievance procedure, the next level of authority shall be considered to be the employee's Division Head, Department Head, or Section Head.) If a violation Step 2 grievance is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days following the day on which the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under Step Ifiled by an individual employee, the employee shall submit also send a copy to the Union President. Within seven (7) calendar days after receipt of the written grievance, the Office of Labor Relations shall arrange for the Division Head, Department Head, or Section Head to hold a meeting with the employee and a Union officer. The Division Head, Department Head, or Section Head shall give to the employee, to the President of the Union, and to the Office of Labor Relations a written answer to the written grievance within seven (7) calendar days after the date of such meeting. Step 3: If the employee or the Union is not satisfied with the written answer of the employee's Division Head, Department Head, or Section Head, the Union may, within seven (7) calendar days following the date of the written answer of the employee's Division Head, Department Head, or Section Head, submit to the Director Office of Labor Relations a written request for a meeting between a representative of the Programme Office of Labor Relations and a Council representative of the Union. Such meeting shall occur at a mutually agreeable time and place not later than seven (7) calendar days after receipt of the written request for such discussion. The employee shall be entitled to be present at such meeting. The representative of the Office of Labor Relations shall give a written decision to the employee and the Union within seven (7) calendar days after such discussion takes place, or designate who shall within such additional period of time that may be mutually agreed upon. A general grievance, one that may affect all or a group of employees, may be presented by the Union at Step 3. If the Union believes that the third step Hearing Officer has based his/her decision on material not presented or referenced at the third step, the Union may request reconvening of the hearing to review or rebut this material. Step 4: If the Union is not satisfied with the written decision of the Rutgers representative, the Union may, within fourteen (14) calendar days after the receipt of the written decision of the Rutgers representative, submit the grievance to binding arbitration, sending the Office of Labor Relations a copy of such submission. If Rutgers and the Union agree that the grievance shall be heard by a tri-partite panel, one member of that panel shall be designated by Rutgers, one by the Union and the third will be selected jointly by Rutgers and the Union. Rutgers and the Union agree that the arbitrator to be chosen jointly shall be selected from a panel provided by the Public Employment Relations Commission. The arbitrator will be selected in accordance with the rules and procedures of the agency. The costs and expenses incurred by each party shall be paid by the party incurring the costs except that the fees of the neutral arbitrator and the administering agency shall be borne equally by Rutgers and the Union. When documents are discovered by the University which were not presented at third step but which will be used at arbitration, the University will provide such documents to the Union four (4) calendar days prior to the arbitration hearing, with the parties realizing that situations may necessitate shorter notice. 4. Within thirty (30) days following the close of the arbitration hearing, the arbitrator shall render a decision in writing within five (writing. 5) working days from . No arbitrator functioning under the date on which provisions of this grievance procedure shall have the power to amend, modify, or delete any provision of this Agreement. 6. In case of discharge, if the grievance is presented to himfiled within seven (7) calendar days after discharge, the grievance may begin at Step 2 above. Failing settlement, then: Within five (5) working days following If the decision under Step IIgrievance is filed by an individual employee, the employee shall submit send a copy to the Union president, and the hearing representative shall send a copy of the answer to the Union president as set forth in Step 2 above. If the employee or the Union is not satisfied with 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 answer, the grievance within five (5) days of receiving procedure above starting with Xxxxxxx 0, Xxxx 0 xxxxx xx followed. 7. If Rutgers should exceed the time limits in replying to any grievance at any step in the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five advanced (5) days from at the date discretion of the decision under Step III above is givenUnion) to the next step. 8. No employee shall be discharged, suspended, or disciplined in any way except for just cause. The sole right and remedy of any employee who claims that he or she has been discharged, suspended, or disciplined in any way without just cause shall be to file a grievance through and in accordance with the grievance procedure. 9. Holidays shall not be counted in computing the time limits provided for above. Any written decision or written answer to a grievance made at any step which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing, shall be deemed to have been settled. 9.03 All agreements reached under the grievance considered a final settlement and arbitration procedure between the representatives of the Employer and the representatives for such settlement shall be binding upon Rutgers, the Union, shall be final and binding upon the Employer, the Union and the employeesemployee or employees involved. 10. All An employee shall not lose pay for time limits referred to in spent during his/her regular working hours at the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment foregoing steps 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. HoweverIn the event that it is necessary to require the attendance of other employees, any such agreement shall be in writing and acknowledged by during regular working hours, at 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 Step 4 meeting of the grievance procedure, such employees shall not lose pay for such time. 11. In the Employer event of the discharge for cause of any employee, Rutgers shall promptly give written notice of the discharge to the shop xxxxxxx in the employee's seniority unit and attempt to give telephone notice to the President of the Union or to the Vice President of the Union responsible for the campus on which the discharged employee had been employed. 12. If an employee is being questioned about his/her work performance or conduct and if the employee has a reasonable belief that the answer to such questions will mail result in discipline, then the employee may request that a xxxxxxx be present. 13. Rutgers shall provide a copy of any written reprimand which is to be made part of the central file to the employee, to the xxxxxxx if known, and to the President, or in Newark and Camden to the Vice President. The employee shall sign such reprimand, the signature serving only to acknowledge that he or she has read the reprimand and shall not necessarily be considered an agreement with the content thereof. Any employee may file a grievance with respect to any document written to the employee which expresses dissatisfaction with his/her work performance or conduct and with which he/she does not agree. The Office of Labor Relations will once a year in written format inform all supervisory personnel of the time limits set in the grievance response procedure and their obligation to adhere to them or obtain consent from the homes Union to extend them on an individual basis for a specific period of time. Annually, through a joint letter from the grievor Union and the xxxxxxxOffice of Labor Relations, employees will be informed that a document from a supervisor to an employee which expresses dissatisfaction with the employee's work performance or conduct may be grieved under this article. When an employee's record is free from any disciplinary action for a period of one (1) year, any letters of reprimand or documents which express dissatisfaction with the employee's work performance or conduct in the employee's record shall be deemed to be removed. When an employee's record is free from any disciplinary action for a period of three (3) years, any letters of suspension contained in the employee's record shall be deemed to be removed.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 28.01 It is the mutual desire of the parties Employer and the Union to this Agreement ensure that the complaint complaints and grievances of an employee shall be resolved employees are adjusted as promptly quickly as possible. . 28.02 It is generally understood that an employee has no grievance until he has having a complaint shall first discussed his give the supervisor an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied with their xxxxxxx when taking up a complaint with his immediate Supervisor and afforded him an opportunity to endeavour to adjust his complaint. If an employee has the supervisor. 28.03 Any written dispute regarding the application, administration, interpretation or alleged violation of this Agreement shall be considered 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 Supervisorgrievance. The grievance shall specify the article or articles article(s) of the Collective Agreement of which a violation is alleged and shall alleged, contain a brief statement of the facts relied upon and indicate the relief sought. , and the grievance shall be dealt with in the following manner: The immediate Supervisor shall submit his answer grievance must be submitted in writing within fourteen (14) calendar days of the incident giving rise to the complaint or from the employee’s knowledge of the occurrence giving rise to the grievance. The supervisor shall give an answer, in writing, to the xxxxxxx no later than five (5) working calendar days following the day on which after the grievance was presented is first submitted. If the supervisor fails to him. Failing settlementgive an answer to the grievance within the time limit set forth in Step One, then: Within five (5) working days following or if the decision under Step Ianswer is unsatisfactory, the employee shall submit Union Executive Committee may within fourteen (14) calendar days, take the written 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 Programme or designate who shall review Union Executive Committee, within seven (7) calendar days of the receipt of the grievance and render a at Step Two. The Employer shall deliver its 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 calendar days following the decision under Step IITwo 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 employee shall submit Union Executive Committee may refer the written grievance to the Director of Operations and the National Union Representative within fourteen (14) calendar days who shall schedule a meeting to take place between the Director of Operations and/or other designated management representative(s) and the National Union Representative and the Union Executive Director or designateCommittee within twenty-one (21) calendar days. The Executive Director of Operations shall deliver their decision, in writing, within seven (7) calendar days following the Step Three meeting. 28.04 The Union 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 Employer may initiate a policy grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Two of the grievance procedure. Such grievance shall be filed within fourteen (14) calendar days of the incident giving rise to the complaint or from the knowledge of the 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 process the grievance to arbitration in accordance with Article 29. 28.07 In the case of discipline or termination of employment of a student and where the student grieves, the Employer will mail shall be required to show that it acted reasonably in disciplining or terminating the grievance response to the homes employment of the grievor and the xxxxxxxstudent.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is Section 1. A grievance shall be any disagreement or dispute which arises concerning the mutual desire 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 in writing with his/her immediate supervisor, with a copy to the Institution Personnel Director, within thirty (30) calendar days of the parties to this Agreement that alleged action or the complaint date the employee and the Union knew or should have known of an employee the alleged action; however, appeals of discipline or discharge shall be resolved as promptly as possiblepursuant to Article 21 - Discipline and Discharge. It is understood that an employee has no Grievances shall be submitted on the AFSCME Grievance Form. The immediate supervisor shall respond in writing to the grievance until he has first discussed his complaint within fourteen (14) calendar days after receipt of the grievance to the employee, with his immediate Supervisor a copy to the Union and afforded him an opportunity to endeavour to adjust his complaintthe Personnel Director. Step 2. 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 settlementgrievance remains unresolved at Step 1, it may be taken up as a grievance appealed within five fourteen (514) working calendar days following advice of after the immediate Supervisor’s decision in supervisor's response was due to the following manner and sequence: The employee shall submit a written grievance signed by him to his immediate SupervisorSuperintendent. The grievance Superintendent, or his/her designated representative, shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer respond 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 employee, with copies 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 employeesPersonnel Director, within fourteen (14) calendar days after receipt of the grievance. All time limits referred to in The Superintendent may submit the grievance procedures to the medical staff committee for review and recommendations. Where this step is utilized, the arbitration procedureSuperintendent's response shall not be due until fourteen (14) days after the Superintendent's receipt of those recommendations. Step 3. If the grievance remains unresolved at Step 2, it may be appealed to the Mental Health and Developmental Disability Services Division Administrator within fourteen (14) calendar days after the response was due at Step 2. The Administrator, or his/her designated representative, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment 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 denial the employee may appeal to the Department of Administrative Services Labor Relations unit within fourteen (14) calendar days following the receipt of the grievance as response at Step 3. The Department of Administrative Services shall respond within fourteen (14) calendar days after receipt of the case grievance. Section 3. Time limits may be. Notwithstanding the foregoing, be extended by agreement of the parties may agree to waive confirmed in writing. Section 4. The Union or extend any the grievant shall not expand upon the original elements and substance of the time limits established in this grievance procedurewritten grievance. However, any such agreement shall the Union or the employee may modify the articles cited as being violated and the remedy requested prior to Step 3 of the 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 submitted by the Union to arbitration for settlement. To be valid, a request for arbitration must 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 mailed 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 delivered to the Employer without representation. At each step Department of Administrative Services within fourteen (14) calendar days of the grievance procedure, the Employer will mail the grievance response to the homes receipt of the grievor and response from the xxxxxxxDepartment of Administrative Services.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire 1. The Guild shall designate a committee of its own choosing, of not more than four members of the parties bargaining unit, to take up with the Employer any grievance arising under this Agreement that the complaint of an employee shall be resolved as promptly as possibleAgreement. 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 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 A grievance is presented to him. Failing settlementdefined as any difference or dispute between the Guild, then: Within five (5) working days following the decision under Step IIon its own behalf or on behalf of one or more bargaining unit employees, 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 Employer, as 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement. A grievance does not include any dispute concerning renewal of this Agreement. (a) The Employer agrees to meet with the committee within seven (7) working days after request for such meeting. Efforts to adjust grievances shall be at a mutually agreed time at a suitable location, including any questions as normally in the Employer’s main office. The Employer shall not be expected to whether 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 without violating overtime laws. In this event the meeting shall be scheduled at the end of such employees’ shift. (b) A grievance, in order to be timely, must be filed with the Employer in writing within sixty (60) working days after the Guild knew or reasonably should have known of the events giving rise to the grievance, except that a grievance concerning a discharge must be submitted within thirty (30) working days of the discharge. This time limit shall not apply to disputes concerning an employee’s pay. (c) The Employer will reply to the Guild in writing within ten (10) workdays following the grievance is arbitrablemeeting. (a) Any grievance which arises during the term of this agreement, the grievance not satisfactorily resolved may be submitted to final and binding arbitration as hereinafter provided. If no written request for arbitration is received by the Guild within five sixty (560) days from after having been referred to the date Employer as provided for in Section 2 above. Such arbitration shall be conducted pursuant to the voluntary labor arbitration rules of the decision under Step III 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 understood for the purposes of the Article VI, “working day” is defined as Monday through Friday. Any grievance not submitted in writing or submitted to arbitration within the time limits above is given, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Unionabandoned. However, 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 above may be in writing and acknowledged extended by the partiesmutual consent. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire Definition of the parties to this Agreement that the complaint of an employee a Grievance A grievance 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 considered 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 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 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 difference between the parties arising from in the interpretation, application, application or administration or alleged violation of this Agreement, including any questions as to whether . 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 process and settle grievances fairly and promptly in the following manner: It is arbitrable, agreed that an Employee has no grievance until has first given immediate Supervisor an opportunity to adjust complaint within fourteen (14) calendar days 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 grievance may be submitted meeting. Prior approval is required to arbitration attend the meeting. The Employee has the option of making a written submission as hereinafter providedan alternative to the meeting. If The Employer will provide a written response to the complaint and if no written request for arbitration satisfactory answer is received within five seven (57) calendar days from the date of time it was first discussed with the decision under Step III above is givenEmployee’s immediate Supervisor, the grievance shall be deemed Employee may proceed to have been settled. 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 Step of the grievance or denial of procedure. Failing satisfactory settlement at the complaint stage the Union may present the grievance as to the case may beappropriate Supervisor within seven (7) calendar days following the decision at the complaint stage. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this The grievance procedure. However, any such agreement shall be in writing on a mutually approved form and acknowledged by shall include the parties. 9.04 For nature of the purposes grievance, the redress sought and the section or of the agreement that are alleged to have been violated. The Supervisor shall deliver decision in writing within seven (7) calendar days following the presentation of the grievance to Failing satisfactory settlement at Step the Union may present the grievance to the Administrator, or designate, in writing within seven (7) calendar days following receipt of the decision at Step A meeting will be held within seven (7) calendar days from receipt of the grievance between the Administrator, or designate, and the Union. The decision of the Administrator, or designate, shall be delivered in writing within seven (7) calendar days of the meeting. Failing satisfactory settlement at Step either party may refer the grievance to arbitration within thirty (30) calendar days following receipt of the decision at Step Policy Grievance The Union may file a grievance alleging violation, misinterpretation or of any provision of this Agreement, the words “working days” shall not include Saturdays, Sundays or paid holidays. 9.05 Where . Such 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 will be submitted at Step Two of the grievance procedure, procedure by the Employer will mail the grievance response to the homes President of the grievor and the xxxxxxx.Local or designate. Attendance at Grievance Hearings

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 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 It is the mutual desire of the parties to this Agreement hereto that the complaint complaints of an employee employees shall be resolved adjusted as promptly quickly as possible. It , and it is understood that an employee has no grievance until he has they have first discussed his complaint with his given their immediate Supervisor and afforded him an the opportunity to endeavour to adjust his of adjusting their complaint. If an employee has a complaint, such complaint he shall discuss it be discussed with his their immediate Supervisor within five (5) ten working days after the circumstances giving rise to the complaint have originated or occurred. Failing settlementIf the immediate Supervisor is unable to adjust a complaint to their mutual satisfaction within ten working days, it the employee may be taken up as a proceed with the grievance procedure within five (5) ten working days following advice the decision of the immediate Supervisor’s decision in . Any employee is entitled, upon request, to have a Union Xxxxxxx present with them when meeting with the following manner immediate Supervisor to attempt to adjust their complaint. A grievance of an employee properly arising under this Agreement shall be adjusted and sequencesettled as follows: The employee shall employee, with the assistance of a Union Xxxxxxx, if desired, must submit a written grievance grievance, signed and dated by him the employee, to his immediate their Supervisor. The grievance shall specify the article or articles nature of the Collective Agreement of which a violation is alleged grievance, the remedy sought, and shall contain a statement the section or sections of the facts relied upon and indicate Agreement which are alleged to have been violated shall be set out in the relief soughtgrievance. The immediate Supervisor shall submit his answer will deliver their decision in writing within five (5) working calendar days following the day on which after receipt of the grievance was presented to himin writing. Failing settlement, then: the next step of the grievance procedure may be taken. Within five (5) working calendar days following the decision under Step INo. the employee, with the employee shall assistance of the Union Xxxxxxx, if desired, must submit the written grievance to the Director of the Programme Department Head (or designate their designate) who shall review the grievance and render will deliver a decision in writing within five (5) working calendar days from of receipt of the date on which written grievance. The parties may, if they so desire, meet to discuss the grievance is presented at a time and place suitable to himboth parties. Failing settlement, then: the next step in the grievance procedure may be taken. Within five (5) working calendar days following the decision under Step IINo. the grievance must be submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the employee shall submit said Xxxxxxx, the written grievance to and the Executive Director Union Committee within five 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. The Executive Director or designate will meet with the grievor and the xxxxxxx from the appropriate area to review the grievance ) shall give written disposition within five (5) calendar days of receiving the grievance at this step. The Executive Director shall have day of such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representativemeeting. Failing settlement, either party may submit 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted matter to arbitration as hereinafter providedwithin fifteen calendar days after the reply in Step 3 is given. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is givensuch fifteen day period, the grievance shall be deemed to have been settledabandoned. 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 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It For purposes of this Agreement, a grievance is the mutual desire of the parties to this Agreement 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 defined 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 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 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 difference arising between the parties arising from relating to the interpretation, application, administration or alleged violation of this Agreement, including any questions question as to whether a matter is 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, shall be discussed with their immediate Supervisor within fourteen 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 fourteen calendar days, the employee may proceed with the grievance procedure within fourteen calendar. days following the decision of the immediate Supervisor. Any employee is arbitrableentitled, upon request, to have a Union Xxxxxxx present with them when meeting with the immediate Supervisor to attempt to adjust their complaint. A grievance of an employee properly arising under this Agreement shall be settled as follows: The employee, with the assistance of a Union Xxxxxxx, if desired, must submit a written grievance, signed and dated by the employee, to their 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 Supervisor will deliver their decision in writing five calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. Within five calendar days following the decision 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 submitted to the Manager, Labour Relations (or designate) to be discussed at a meeting between the Manager, Labour Relations (or designate), the said Xxxxxxx, the and the Union Committee within five calendar days of receipt of the grievance. Either party may have assistance from outside the Hospital at -Labour Relations (or designate) shall give written disposition within five calendar days of the day of such meeting. Failing settlement, either party may submit the matter to arbitration as hereinafter providedwithin ten calendar days after the reply in Step 3 is given. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is givensuch ten calendar day period, the grievance shall be deemed to have been settledabandoned. 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 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is 10.01 Should differences arise between the mutual desire Union or its employee members and the Company as to the manner and application of the parties to this Agreement 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 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 provisions of this Agreement, the words “working days” shall Union will not include Saturdaysauthorize, Sundays promote, direct, condone or paid holidaysencourage 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. 9.05 Where 10.02 The Company agrees not to lock out employees during the term of this Agreement. 10.03 A Union Committee consisting of four (4) regular employees shall be elected in a grievance has been filed manner determined by the Union. The Union will keep the Company advised at all times of the names of the Union committee and all shop stewards. 10.04 When an employee is suspended, dismissed, or given written discipline, a Union committee member or shop xxxxxxx shall be present at the Employer 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 departments. If this action does not discuss solve the grievance matter, a Union committee member will be allowed to investigate. In the event that a Union xxxxxxx or a Union committee member must leave their job in connection with the grievor without matter, they shall first notify the presence of a Union Xxxxxxx unless supervisor as to what department they are going to and give an explanation why they are going. Permission to leave the employee requests to speak department will be granted as promptly as possible but shall in no case exceed one (1) hour. They must report to the Employer without representation. At each step supervisor in charge of the grievance procedure, department they wish to enter before contacting any employee in that department; where the Employer will mail the grievance response supervisor is not available they may report to the homes of the grievor and the xxxxxxxLead Hand.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement that the complaint of an employee shall be resolved as promptly as possibleSection 1. 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 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Saturdaysterm "grievance" means any dispute between one or more regular employees and the County concerning, Sundays but limited to, the interpretation or paid holidaysapplication of the specific, expressed provisions of this Agreement. 9.05 Where Section 2. The County and the Union agree that the investigation and processing of grievances may be accomplished during the normal work day, without a grievance has been filed by an reduction in wages or loss of leave time to the aggrieved employee or the Employer appropriate Union xxxxxxx, provided that the investigation and processing can be accomplished consistent with employee duties and responsibilities, and provided that the employee and the Union representative have notified and received the approval of the designated supervisor, which approval shall be given if such absence is reasonable and would not discuss be detrimental to the grievance work programs of the department. Section 3. Grievances, as defined in Section 1, shall be resolved in conformance with the grievor without following procedure: STEP 1 An employee claiming a violation concerning the presence interpretation or application of this Agreement shall, within ten (10) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the County. The County-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the County-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. STEP 2 If appealed, the written grievance shall be presented by the Union and discussed with the County-designated Step 2 representative. The County-designated representative shall give the Union the County's Step 2 answer, in writing, within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the County-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. STEP 3 If appealed, the written grievance shall be presented by the Union and discussed with the County-designated Step 3 representative. The County-designated representative shall give the Union the County's answer, in writing, within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the County-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. STEP 4 A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to the Bureau of Mediation Services for assignment of a mediator to work with the parties to achieve a resolution. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the County-designated representative's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the Union Xxxxxxx unless within ten (10) calendar days shall be considered waived. STEP 5 A grievance unresolved in Step 4 and appealed to Step 5 by the employee requests Union shall be submitted to speak arbitration subject to the Employer without representation. At each step provisions of the grievance procedurePublic Employment Labor Relations Act of 1984, as amended. The selection of an arbitrator shall be made in accordance with the Employer will mail "Rules Governing the grievance response to Arbitration of Grievances," as established by the homes of the grievor and the xxxxxxxPublic Employment Relations Board.

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE. 9.01 It A GRIEVANCE, for the purpose of this ARTICLE, is defined as a dispute or disagreement as to the mutual desire interpretation or application of any terms or conditions of this AGREEMENT. Employees shall have the right to process GRIEVANCEs through the procedures of this ARTICLE or through other procedures such as Veteran's Preference, Human Rights or other statutorily created procedures, provided that a GRIEVANCE may be processed through one procedure or the other, but not both unless required by state or federal law. An employee who pursues a GRIEVANCE through a procedure other than the procedure provided in this section shall waive the rights of this ARTICLE of the parties to this Agreement that AGREEMENT. If a GRIEVANCE is not presented within the complaint of an employee time limits set forth below, it shall be resolved considered "waived." The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within 21 calendar days after such alleged violation has occurred, place in writing, signed by the grieved employee and the grievance representative, setting forth the nature of the GRIEVANCE, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested. The matter shall be discussed with the employee's supervisor as promptly as possibledesignated by the EMPLOYER within 7 calendar days. 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 The EMPLOYER’S response will be made in writing within five (5) working 7 calendar days after the circumstances giving rise close of the discussion and provided to the complaint have originated or occurredgrievant(s) and the Union. Failing settlementA GRIEVANCE not resolved in Step 1 and appealed to Step 2 shall be appealed to Step 2 within 7 calendar days after the supervisor's final Step 1 response. Step 2. If appealed, it may the written GRIEVANCE shall be taken up as a grievance presented by the UNION and discussed with the Department Head in consultation with Human Resources within five (5) working days following advice of 14 calendar days. Human Resources shall give the immediate Supervisor’s decision in UNION 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 alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer EMPLOYER'S Step 2 response in writing within five (5) working 14 calendar days after the close of the discussion. A GRIEVANCE not resolved in Step 2 may be appealed to Step 3 within 14 calendar days following Human Resources final Step 2 response. Step 3. If appealed, the written GRIEVANCE shall be presented by the UNION and discussed with the County Board or its designee within 14 calendar days. The County Board or its designee shall give the UNION the EMPLOYER'S Step 3 response in writing within 14 calendar days. A GRIEVANCE not resolved in Step 3 may be appealed to Step 4 within 28 calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under EMPLOYER- designated representative's final 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 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 convened3 response. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 1 contract

Samples: Collective Bargaining Agreement

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GRIEVANCE PROCEDURE. 9.01 11.1 A grievance shall be any dispute or difference arising out of the alleged violation, application, administration or interpretation of the provisions of this Agreement. It is the mutual desire of the both parties to this Agreement that the complaint of an employee shall complaints be resolved settled as promptly soon 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 all employees will be encouraged by the Union to give the Employer the opportunity to endeavour settle complaints before filing a grievance. Employees are encouraged to adjust his complaint. If an resolve conflicts directly with the person(s) involved. 11.2 References to days in the grievance and arbitration procedure shall exclude Saturdays, Sundays, holidays. 11.3 Both parties agree that grievances are to be dealt with as expeditiously and efficiently as possible. 11.4 A grievor and her xxxxxxx or the Union chairperson shall not suffer any loss of earnings while attending grievance meetings. 11.5 Grievances relating to suspension or termination shall be initiated at Step 2 of the Grievance Procedure. STEP 1 An employee has having a complaint he shall discuss it with his grievance will contact her immediate Supervisor supervisor within five ten (510) working days after the circumstances giving rise to the complaint arose. The employee may choose to have originated or occurredher xxxxxxx contact the supervisor in her place. Failing settlementWithin 2 working days a meeting will be held with the employee, it may union xxxxxxx and Manager to attempt to resolve the complaint. This meeting will be taken up as held during working hours. The Manager’s written response will be delivered to the employee within 1 working day following the meeting. STEP 2 If the grievance is not resolved at Step 1, the employee shall submit a written grievance to the Executive Director within five (5) working days following advice after the receipt of the immediate Supervisor’s written decision in at Step 1. A meeting will be held with the following manner employee, Union Xxxxxxx 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 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 her 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 stepwritten grievance. The Executive Director shall have such counsel and assistance as he union representative may desire also attend. Failing settlement at this meeting as may Step 2 either the Union request or the presence Employer shall notify in writing the other party of their intent to submit the grievance to arbitration with 10 working days of the Union staff representative. Failing settlement, the written decision of the Executive Director or designate shall be delivered Director. It is agreed that all time limits specified 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 arising from the interpretation, application, administration or alleged violation Grievance and Arbitration provisions of this Agreement, including any questions as to whether Agreement are mandatory and may only be extended by mutual consent in writing. If the grievance is arbitrabletime limits are not complied with, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall will be deemed to have been be abandoned and otherwise settled. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 Section For purposes of the a grievance is defined as a difference arising between the parties relating to the interpretation, application, or alleged violation of this Agreement including any question as to whether a matter is arbitrable. Section It is the mutual desire of the parties to this Agreement hereto that the complaint of an employee employees shall be resolved adjusted as promptly quickly as possible. It , and it is understood that an employee has no grievance until he has first discussed his complaint with his given immediate Supervisor and afforded him an opportunity to endeavour to adjust his supervisor the of adjusting complaint. If an employee has a complaint he complaint, such shall discuss it be discussed with his immediate Supervisor supervisor within five (5) working calendar days after the circumstances giving rise to the complaint have originated or occurred. Failing settlement, it If the immediate supervisor is to adjust a complaint to their mutual satisfaction within three (3) calendar days the employee may be taken up as a proceed with the grievance procedure within five three (53) working calendar days following advice the decision of the immediate Supervisor’s decision in supervisor, Immediate supervisor" for the following manner purposes of this Collective Agreement means the first level of supervision outside of the bargaining unit. Section The grievance of the employee properly arising under this Agreement must be adjusted and sequencesettled as follows: Step 1: The employee shall must submit a written grievance grievance, signed and dated by him the employee to his immediate Supervisorsupervisor. The grievance shall specify the article or articles nature of the Collective Agreement of which a violation is alleged grievance, the specific remedies sought, and shall contain a statement the section or sections of the facts relied upon and indicate Agreement, which are alleged to have been violated, must be set out in the relief soughtgrievance. The immediate Supervisor shall submit his answer supervisor will deliver decision in writing within five three (53) working calendar days following the day on which after receipt of the grievance was presented to himin writing. Failing settlement, thenthe next step of the grievance procedure may be taken. Step 2: Within five three (53) working calendar days following the decision under Step I, the employee shall must submit the written grievance to the Director manager or designate. Within three (3) calendar days of the Programme or designate who shall review receipt of 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 must be present at this meeting (in a group grievance, a representative must be present), unless the is hospitalized and render a it is to delay the meeting until the is available. A decision in writing within five (5) working days from shall be delivered by 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 party the grievance within five (5) calendar days of receiving after the grievance meeting at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representativewas discussed. Failing settlement, either party may submit 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted matter to arbitration as hereinafter providedwithin ten (10) calendar days the reply at Step is given. If no written request for arbitration is received within five such ten (510) days from the date of the decision under Step III above is givencalendar day period, the grievance shall must be deemed to have been settledabandoned. 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 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It 24.01 A grievance is a complaint involving the mutual desire interpretation or application of any of the parties to provisions of this Agreement that the or a 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 complaintor group of employees for whom the Union is bargaining agent has, in any manner, been unfairly treated. If When an employee has a complaint he shall discuss complaint, the employee or a Union Xxxxxxx may present it with his immediate Supervisor within five (5) working days after the circumstances giving rise to the employee’s immediate supervisor. If the complaint have originated or occurred. Failing settlementis not resolved, it may the grievance procedure outlined below should be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s decision in the following manner and sequencefollowed: Step 1: The employee Union shall submit a written present the grievance signed by him to his immediate the employee’s Second Line Supervisor. The grievance shall specify the article or articles of the Collective Agreement of which will be processed and a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing decision rendered within five ten (510) working days following of presentation by the day on which Union to the employee’s Second Line Supervisor unless the time period is extended by mutual consent. If the grievance was presented involves a discharge, the Union may omit Step 1 and submit the grievance directly to himStep 2. Step 2: The Union may next present appeal to the Director Level or a designated representative. Failing settlement, then: Within five Grievances so appealed will be processed and a written decision rendered within ten (510) working days following 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 under Step Irendered 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 of the occurrence which gave rise to the grievance. Notification of appeal shall be in writing at Steps 2 and 3 and shall set forth the act or occurrence grieved, the employee shall submit name or names of employees aggrieved where practical, the written grievance contract provision alleged to have been violated, if any, and the remedy requested. The specification of additional contract provisions alleged to have been violated may be made in subsequent appeals up to the Director 3rd Step of the Programme or designate who grievance procedure. 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 review be considered final. Failure of the Company to process a grievance and render a decision in writing within five (5) working days from the date on which specified time limit entitles the grievance is presented Union to him. Failing settlement, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance appeal it 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 next step of the grievance 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 reviewed by a Union Representative. 24.05 Once a Union representative has notified a Company representative of a grievance, the Employer Company will mail not discuss the grievance response 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 homes Union and the Company. 24.06 The Company recognizes the right of the grievor Union to make a reasonable investigation of the circumstances surrounding any grievance and agrees to cooperate with the xxxxxxxUnion 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 Union has been given an opportunity to be present at such adjustment.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It Section 1. A grievance is defined as a dispute by the mutual desire Union or a covered employee concerning the application or interpretation of the parties to a specific provision of this Agreement that the complaint of an employee shall be resolved as promptly as possibleAgreement. 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 Grievances may be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s decision initiated and pursued in the following manner and sequence: using the Grievance Form in Exhibit B. Step 1 The employee shall submit a written or union representative will present the grievance, on the official 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 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 settlementform, then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance to the Director employee’s immediate supervisor for adjustment within fourteen calendar days 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 events occurred giving rise to the grievance. The Human Resources Department will simultaneously receive a copy of the grievance. An employee’s supervisor will respond promptly, but in 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 writing to the facility director or designee, by the Union representative within fourteen calendar days. The 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 presented to him. Failing settlement, then: Within five (5) working days following the decision under Step IInot resolved, the Union or the affected employee shall may submit the written grievance to the Executive Director General Manager of Visitor Venues or designatetheir designee within fourteen calendar days from the receipt of the facility director or designee’s written response. The Executive Director or designate Human Resources Department will meet with simultaneously receive a copy of the grievor and grievance. The General Manager will respond in writing within fourteen calendar days from receipt of the xxxxxxx from grievance. Step 4 Should the appropriate area parties fail to review settle the grievance within five (5) days of receiving the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) 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 under Step III above is givenof 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 shall to mediation prior to proceeding to binding arbitration. The provisions of this Article will not be deemed interpreted to have been settled. 9.03 All agreements reached under 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 between will be strictly adhered to. The Employer will have 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 right to in the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure refuse to comply with any time limits shall be deemed abandonment of the grievance process 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 arbitrate a grievance has been filed by an employee which is not raised or processed within 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 representationabove-described time limits. At each If at any step of the grievance procedure, procedure the Employer does not formally respond as provided herein, it will mail be assumed that the Employer has rejected the grievance response to and the homes next step of the grievor grievance procedure will be available. The time limits of this grievance and arbitration procedure may be extended or waived by mutual agreement, in writing, between the xxxxxxxparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It The Union and the Company agree it is the mutual desire of the parties important that differences are brought forward quickly and that sincere efforts are made to this Agreement that the complaint of resolve them without undue delay. If a difference arises between an employee shall be resolved and the Company over the interpretation,application, administration or the alleged violation of this Agreement, the employee and the immediate supervisor must first meet as promptly soon as possible. It is understood that an employee has no grievance until he has first discussed his complaint with his immediate Supervisor possible and afforded him an opportunity attempt to endeavour to adjust his complaintresolve the difference informally. If an employee has a complaint he shall discuss deems 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 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 Inecessary, the employee shall submit may request to be accompanied by the written grievance Area Union Xxxxxxx. The employee may refer the difference to the Director Superintendent of Employee Relations if it concerns sensitive personal issues which the Programme employee does not want to discuss with the immediate supervisor. If the difference has not been settled informally, or designate who shall review the grievance and render employee has not received a decision in writing within five (5) working days reply 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 supervisor within five (5) days of receiving the grievance at this stepemployee will review it with the Area Union xxxxxxx who will advise the employee on whether to proceed to file a formal grievance. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlementemployee decides to proceed, the decision difference will be presented as a grievance to the immediate supervisor or, in the case of sensitive personal issues, to the Executive Director or designate shall Superintendent of Employee Relations. All grievances must be delivered in writing within five (5) working days from writing, signed by the date on which the grievance meeting was convened. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received employee and presented within five (5) days 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 decision under Step III above circumstances giving rise to the grievance. The employee and the Area Union Xxxxxxx will meet with the Manager, or designate, and one other Company representativeto review, discuss and attempt to resolve the grievance. If the Area Union Xxxxxxx is givenabsent, the nearest Area Union Xxxxxxx may attend. This meeting must occur within five (5) days 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 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. All settlements of differences during the informal process or grievances at the first stage will be without prejudice or precedent to any future cases. Failing settlement at the first stage, the employee, after consultation with the Area Union Xxxxxxx, may wish to have the grievance considered at a meeting of the Grievance Settlement Committees of the parties. In that event, the grievance shall must be deemed referred to both committees within seven (7) days after the Company answer was given, or should have been settled. 9.03 All agreements reached under given, at the grievance and arbitration procedure between first stage accompanied by a written Local Union Grievance Report detailing the representatives of the Employer Local Union position and the representatives for the Union, shall be final and binding upon the Employer, the Union and the employees. All time limits referred to facts it agrees with or disputes 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 connection with the grievor without the presence of a Union Xxxxxxx unless the employee requests to speak to the Employer without representationgrievance. At each step of the grievance procedure, the Employer The committees will mail the grievance response to the homes of the grievor and the xxxxxxx.meet every thirty

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is 13.01 Should a dispute arise between the mutual desire of the parties to this Agreement that the complaint of Employer and 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 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 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 arising from regarding the interpretation, application, administration administration, or alleged violation of this Agreement, including any questions as to whether it shall be resolved by the grievance procedure in the manner set out below. 13.02 The Parties agree that it is arbitrabledesirable 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 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 hereto relating to the interpretation, application or administration of this Agreement. 13.05 A “policy grievance” is defined as a grievance that involves a question relating to the interpretation, application or administration of this Agreement. A policy grievance may be submitted by the Union President or designate directly to the head of Human Resources or designate. A meeting will be scheduled to occur within fourteen (14) calendar days of this submission and, typically, this meeting will include the Shop Xxxxxxx, grievor, Union President, Union national representative, Human Resources representative, Superintendent and the department head. The Company will respond to the Union, in writing, within seven (7) calendar days. Upon receiving the Company’s response, the Union will reply within fourteen (14) calendar days with either a withdrawal or a request to advance to the next level. If the parties fail to settle the grievance at this stage of the procedure, the grievance may be submitted referred to arbitration by either Party. 13.06 A “group grievance” is defined as hereinafter provideda single grievance signed by a Xxxxxxx or a Union representative on behalf of a group of Employees who have the same complaint. If no A group grievance must be 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 Company within twenty one (21) calendar days of the act or condition causing the grievance. The written request for arbitration is received grievance will have sufficient particulars to identify the facts of the complaint and the alleged breach of the collective agreement. a) Step 1: The Company and the Union shall meet within five fourteen (514) calendar days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 9.03 All agreements reached under is received by the grievance and arbitration procedure between Company. Typically this meeting will include the representatives of the Employer Shop Xxxxxxx, grievor, Human Resources representative and the representatives for grievor’s supervisor. The Company will respond to the Union, shall be final and binding upon in writing, within seven (7) calendar days. Upon receiving the EmployerCompany’s response, the 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 employeesUnion shall meet within fourteen (14) calendar days from the date the Company receives the Union’s reply from the Step 1 meeting. All time limits referred to in Typically this meeting will include the grievance procedures Shop Xxxxxxx, grievor, Human Resources representative, the grievor’s supervisor and the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment General Xxxxxxx of the grievance or denial of the grievance as the case may bedepartment. 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 The Company will respond to the Employer without representation. At each step of the grievance procedureUnion, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxx.in writing, within seven

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It Section 5.01 A grievance is a complaint by an employee or group of employees for whom the Union is the mutual desire bargaining agent, involving the interpretation or application of any of the parties to provisions of this Agreement that the agreement, dismissal without proper cause, involuntary demotion, or a complaint of an employee shall be resolved as promptly as possible. It is understood that an employee has no grievance until he in any manner been unfairly treated by the Company; or that the health and safety of the employee or employees has first discussed 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 complaint own interest. It is encouraged that the employee and/or his/her xxxxxxx discuss the issue with his immediate Supervisor and afforded him an opportunity the employee's supervisor in the spirit of trying 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 resolve the circumstances giving rise issue before resorting 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 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 29 grievance procedure. However, any if such agreement shall be in writing and acknowledged matter presented by the parties. 9.04 For the purposes 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 words “working days” Company shall not include Saturdaysimmediately notify the Union, Sundays or paid holidaysand the Union shall be present and participate in the discussions and dispositions of such matter. 9.05 Where Section 5.03 Once a grievance has been filed presented by an employee the Employer Union to the Company, representatives of the Company shall not discuss the grievance with the grievor aggrieved employee or employees without affording the presence of appropriate Union representative an opportunity to be present. Section 5.04 When a Union Xxxxxxx unless the employee requests to speak grievance is presented to the Employer without representation. At each step Company in writing, the supervisor having authority over the matter shall within ten (10) calendar days of the date of presentation hold a meeting for adjustment of the grievance procedurewith the appropriate Union representatives. The Company shall answer the grievance in writing within ten (10) calendar days after the date of this meeting. CWA 4700 Indiana 3 October 1, 2017 Section 5.05 If the grievance is not satisfactorily adjusted under the provisions of Section 5.04, the Employer will mail Union may appeal the grievance response to the homes Company representative within twenty (20) calendar days following issue of the grievor 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 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 xxxxxxxCompany. 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 investigate 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 CWA 4700 Indiana 4 October 1, 2017 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is 12.01 Any complaint, disagreement or difference of opinion between the mutual desire parties hereto concerning the interpretation, operation or any alleged violation of the parties to terms and provisions of this Agreement shall be considered a grievance. 12.02 Union Stewards shall be elected or appointed by the Union in a manner determined by them and the Company shall be kept informed by the Union of the names of the Stewards. The maximum number of Stewards shall be as presently in effect subject to change by mutual agreement. 12.03 Stewards will be allowed reasonable time off, upon receiving permission from their immediate supervisor, to attend to normal functions connected with the presentation of employees' complaints or grievances and with the routine administration of this Agreement. The Company will ensure that the complaint Chief Shop Xxxxxxx is on shift for grievance meetings. If this requires a different shift for the Chief Shop Xxxxxxx, they will work a regularly scheduled shift. 12.04 The Parties agree that the purpose of an the Grievance Procedure is to identify and seek to resolve grievances as quickly as possible and that there shall be no work stoppages during the term of the Collective Agreement. 12.05 The Parties further agree that they will seek through consultation to avoid situations that may result in grievances and to resolve as many as possible at Step One of the following Grievance Procedure: STEP ONE: An employee having a grievance shall inform their Shop Xxxxxxx of the grievance and request a Step One meeting which shall occur within three (3) working days of such a request.. In a meeting with the Supervisor, the Shop Xxxxxxx and employee shall identify orally the facts and Agreement sections involved and what remedy is sought to resolve the grievance. The Supervisor shall respond orally within three (3) working days, either granting or denying the grievance. Union Policy Grievances or grievances involving disciplinary suspensions or terminations shall be resolved as promptly as possibleinitiated at Step Two. It STEP TWO: If the grievance is understood that an employee has no denied at Step One, the Chief Shop Xxxxxxx, or designate may submit the grievance until he has first discussed his complaint with his immediate Supervisor and afforded him an opportunity in writing to endeavour to adjust his complaintthe Supervisor. If an employee has a complaint he This shall discuss it with his immediate Supervisor be done 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: response at Step One. The employee shall submit a written grievance signed by him shall identify the facts and Agreement sections involved and what remedy is sought to his immediate Supervisorresolve the grievance. The grievance Distribution Manager, or designate, shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer respond in writing within five (5) working days following of receipt, either granting or denying the day on which grievance. STEP THREE: If the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under is denied at Step ITwo, the employee shall submit the written grievance to the Director of the Programme Chief Shop Xxxxxxx, or designate who shall review the grievance and render a decision in writing designate, may within five (5) working days from of the date on which denial, notify the grievance is presented Distribution Manager in writing that the Union Grievance Committee requires a meeting with the Management Grievance Committee to him. Failing settlement, then: Within five (5) working days following discuss the decision under Step II, the employee shall submit the written grievance to the Executive Director or designategrievance. The Executive Director or designate will meet with Union Grievance Committee shall consist of the grievor Chief Shop Xxxxxxx, one (1) Shop Xxxxxxx, and shall include an outside Union Representative. The Management Committee shall consist of an equal number of representatives, including the xxxxxxx from the appropriate area to review the grievance General Manager. The Grievance Committees shall schedule a meeting within five (5) days of receiving notification and seek to resolve the grievance. The Company shall provide a written response to the Union within ten (10) working days of the meeting at Step Three. STEP FOUR: If final settlement of the grievance is not reached at this step. The Executive Director shall have such counsel and assistance as he Step Three then the grievance may desire be referred in writing by either party to arbitration at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, any time within forty-five (45) calendar days after the decision of the Executive Director or designate is received at Step Three. (a) The Company shall not be delivered in writing required to consider any grievance which has not been presented within five ten (510) working days from the date on which the grievance meeting was convenedmatter first became known to the employee or the Union or ought to have been reasonably known by the grievor or the Union. 9.02 Failing settlement, under the foregoing procedure, of any grievance (b) The time allowance provided in this Article may be extended by mutual agreement between the parties arising from in writing. (c) If the interpretationtime allowance, applicationor any extension thereof, administration or is not observed by the party who it is alleged violation of this has violated the Agreement, including any questions as to whether the grievance is arbitrable, the grievance will be considered as advanced to the next step of this procedure, including arbitration. 12.07 Either party may be request the services of Xxx Xxxxxx – Grievance Mediatior, or substitute agreed upon by the parties, after a grievance has been submitted to arbitration. Grievance mediation can occur without submission to arbitration as hereinafter provided. If no written request for arbitration is received within when the issue relates to a disciplinary suspension of five (5) days from or greater or the date employee has been dismissed. The Grievance Mediator shall provide written recommendations to the parties at the request of the decision under Step III above is given, the either party. The cost of grievance mediation shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure shared equally 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 Agreement12.08 Grievances that are processed to arbitration shall be dealt with by a sole arbitrator, 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.within thirty

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is The grievance and arbitration procedure shall extend only to the mutual desire interpretation or application of the parties Wishard Health Services policy and not to this Agreement that the complaint of an employee changes in or proposed changes in policy. Grievances concerning terminations, demotions, suspensions and final warnings shall be resolved as promptly as possibleinitiated at Step II of this procedure. 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 All grievances must be filed within five ten (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 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 (510) working days from the date on which action or incident. It is the intent of this procedure to resolve employee’s grievances at the earliest step of the procedure. During grievance meetings, it is in the best interest of all to maintain a willingness to listen and share information concerning the grievance. Appeals to the next step of the grievance is presented to him. Failing settlement, then: Within five procedure must be made within ten (510) working days following of the decision under notification to the Union. All times contained in this procedure may be extended by mutual agreement of the parties. Step III: The employee must submit their alleged grievance in writing to the Human Resources Department. The employee may discuss their alleged grievance with the Employee Relations Manager. The Employee Relations Manager or designee will notify the immediate supervisor and the Union President of the filing of the grievance. Upon notification of the grievance, a meeting will be scheduled by the Employee Relations Manager. The meeting will include the immediate supervisor, the employee and the Union Xxxxxxx. The immediate supervisor shall submit investigate the written employee’s grievance and respond 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 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 as soon as possible and not to exceed ten (510) working days from the date on which scheduled meeting. Grievance responses will be forwarded to the grievance meeting was convenedEmployee Relations Manager. The Employee Relations Manager will distribute the Step I response to the Union Xxxxxxx. 9.02 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 questions as to whether Step II: If the grievance is arbitrablenot resolved at Step I of the procedure, the employee may proceed to Step II. The employee will appeal the matter to the Employee Relations Manager. The grievant and/or Union Xxxxxxx must indicate on the grievance may form why the grievance was not resolved at Step I of the procedure. Appeals to the next step of the procedure must be submitted to arbitration as hereinafter provided. If no written request for arbitration is received made within five ten (510) working days from the date notification to the Union President of the decision under Step III above is given, I decision. The Employee Relations Manager will notify the grievance shall be deemed to have been settled. 9.03 All agreements reached under Department head of the grievance and arbitration procedure between Step II appeal. The Department head or designee will schedule a meeting with the representatives employee and the Union Xxxxxxx within ten (10) working days from receipt of the Employer Step II appeal. The Department head will respond to the Step II appeal in writing to the Employee Relations Manager within ten (10) working days from the meeting. Step III: If the grievance is not resolved at Step II of the procedure, the employee may proceed to Step III. Appeals will be made to the Employee Relations Manager in writing stating the reasons why the grievance was not resolved at Step II. The Employee Relations Manager will notify the department’s respective Vice President of the grievance and Step III appeal. The Vice President will schedule a meeting with the representatives for the Union, shall be final and binding upon the EmployerAFSCME’s union representative, the Union President, and employee within ten (10) working days from receipt of the employeesStep III appeal. All time limits referred The Vice President will respond to in the grievance procedures and within ten (10) working days from 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 partiesmeeting. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It 33:01 The Union shall have the right to present a grievance directly, in its own name, in addition to its right to present a grievance on behalf of one or more of the employees. Any employee may present a grievance to the Town, in accordance with the procedure herein set forth, and have such grievance heard without intervention by the Union, provided, however, that the Town shall immediately notify the Union in writing of the filing of a grievance by any such employee and the Union shall have been afforded a reasonable opportunity to be present at all meetings concerning said grievance, and provided, further, that any adjustment made upon such grievance shall not be inconsistent with the terms of the Collective Bargaining Agreement then in effect between the Town and the Union. 33:02 Any complaint, dispute, or controversy of any kind which arises between one or more employees and the Town or its agents, or between the Union and the Town or its agents, with respect to the circumstances and conditions which concern the working relationship of the employees in the Burlington Fire Department under the provisions of the Agreement and all applicable laws, rules and regulations not in conflict herewith, including without limitation, all issues concerning working conditions, hours of work, wages, fringe benefits, and standards of productivity and performance, shall be processed as a grievance under the following procedures: Step 1: The Union shall present the grievance in writing on a form approved by the Union, to the Chief of the Fire Department, who shall acknowledge receipt of same in writing, and who shall then meet with the Grievance Committee within forty-eight (48) hours thereafter (exclusive of Saturdays, Sundays, and holidays) to discuss and attempt to adjust the grievance. In the event the grievance is not adjusted to the mutual desire satisfaction of the parties to this Agreement that Union and 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 Chief 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 calendar days after its presentation to the Chief, the grievance may, within fourteen (14) calendar days after the circumstances giving rise date of presentation to the complaint have originated or occurred. Failing settlementChief, it may be taken up as a grievance within five presented to the Town Administrator, who shall acknowledge receipt of same in writing. Step 2: Within seven (57) working calendar days following advice after the presentation 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 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 Town Administrator, the Programme Town Administrator or designate who designee shall review meet with the grievance Grievance Committee to discuss and render a decision in writing within five (5) working days from attempt to adjust the date on which grievance. In the event that 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 not adjusted 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 mutual satisfaction of receiving the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 employeesTown Administrator within seven (7) days after its presentation to the Town Administrator, the grievance may, within thirty (30) calendar days after its presentation to the Town Administrator, be submitted to final and binding arbitration in accordance with the provision of Article 34 hereof. A grievance may initially be presented at the Step 2 level, if the grievance was initiated at a level above the Chief’s purview. 33:03 All time limits referred to in the grievance procedures and the arbitration procedure, shall limitations established by this Article may be construed as mandatory and failure to comply with any time limits shall be deemed abandonment extended by mutual agreement of the parties involved. 33:04 Any grievance not taken to the next step or denial of the grievance to arbitration, as the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend any of within the time limits established in this grievance procedure. Howeveras herein set forth, any such agreement or as mutually extended, shall be in writing and acknowledged by the partiesdeemed settled. 9.04 For 33:05 The Grievance Committee shall consist of not more than five (5) representatives of the purposes employees. Any and all time spent by any member of this Agreementthe Grievance Committee and the President of the Union or his/her designee in investigating, discussing, or processing a grievance during working hours shall be without loss of pay, benefits, or seniority. 33:06 There shall be one Union xxxxxxx for each shift. In case of an emergency or the absence of the xxxxxxx, the words “working days” grievant shall not include Saturdays, Sundays or paid holidayshave permission to use the Fire Department intercommunication system to attempt to contact any member of the Grievance Committee. 9.05 Where a grievance has been filed by 33:07 In disciplinary or other matters which are grievable under this contract and are appealable under G.L.c.31 ss41-45 or c.32 s16, an employee the Employer shall not discuss the grievance with the grievor without the presence of a Union Xxxxxxx unless the employee requests must make an election whether to speak seek arbitration or appeal under state law, all as determined by G.L. c.150e s.8. Except to the Employer without representation. At each step of extent that s.8 provides an option to the grievance procedureemployee, the Employer will mail arbitration provisions of Article 34 are intended to be the grievance response to the homes of the grievor and the xxxxxxxexclusive procedure by which grievable matters are resolved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is Section 1. A grievance shall be any disagreement or dispute which arises concerning the mutual desire 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 in writing with his/her immediate supervisor, with a copy to the Institution HR Manager, within thirty (30) calendar days of the parties to this Agreement that alleged action or the complaint date the employee and the Union knew or should have known of an employee the alleged action; however, appeals of discipline or discharge shall be resolved as promptly as possiblepursuant to Article 21 - Discipline and Discharge. It is understood that an employee has no Grievances shall be submitted on the AFSCME Grievance Form. The immediate supervisor shall respond in writing to the grievance until he has first discussed his complaint within fourteen (14) calendar days after receipt of the grievance to the employee, with his immediate Supervisor a copy to the Union and afforded him an opportunity to endeavour to adjust his complaintthe HR Manager. Step 2. 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 settlementgrievance remains unresolved at Step 1, it may be taken up as a grievance appealed within five fourteen (514) working calendar days following advice of after the immediate Supervisor’s decision in supervisor's response was due to the following manner and sequence: The employee shall submit a written grievance signed by him to his immediate SupervisorSuperintendent. The grievance Superintendent, or his/her designated representative, shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer respond 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 employee, with copies 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 employeesHR Manager, within fourteen (14) calendar days after receipt of the grievance. Step 3. All time limits referred to in If the grievance procedures and remains unresolved at Step 2, the arbitration procedure, shall be construed as mandatory and failure Union or the employee may appeal to comply with any time limits shall be deemed abandonment the Department of Administrative Services Labor Relations Unit within fourteen (14) calendar days following the receipt of the grievance or denial response at Step 3. The Department of Administrative Services shall respond within fourteen (14) calendar days after receipt of the grievance as grievance. For purposes of this Article, an appeal in writing can be delivered by first class registered or certified mail, postage paid, by fax or by electronic mail to the case Labor Relations Unit email address XXX@xxxxxx.xxx. Section 3. Time limits may be. Notwithstanding the foregoing, be extended by agreement of the parties may agree to waive confirmed in writing. Section 4. The Union or extend any the grievant shall not expand upon the original elements and substance of the time limits established in this grievance procedurewritten grievance. However, any such agreement shall the Union or the employee may modify the articles cited as being violated and the remedy requested prior to Step 3 of the 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 submitted by the Union to arbitration for settlement. To be valid, a request for arbitration must be in writing and acknowledged mailed or delivered to the Department of Administrative Services within fourteen (14) calendar days of the receipt of the response from the Department of Administrative Services. Failure to file for arbitration within the specified fourteen (14) calendar day period shall constitute forfeiture of claim and the case shall be considered closed by the all 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 . If the grievance is to be submitted to arbitration, a prearbitration meeting will be held. The meeting shall include both the Department of Administrative Services and the Agency meeting with the grievor without the presence of Union in an attempt to formulate a Union Xxxxxxx unless the employee requests submission agreement to speak be forwarded 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 xxxxxxxArbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the SECTION 1 In a mutual desire of effort to provide harmonious working relations between the parties of this Agreement, it is agreed to this Agreement and understood by both parties that the complaint of an employee there 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 procedure for the circumstances giving rise to the complaint have originated resolution of grievances 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 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 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 misunderstandings between the parties arising from the interpretation, application, administration application or alleged violation interpretation of this Agreement, including any questions as to whether . Step 1. The aggrieved employee shall discuss the grievance is arbitrablewith his or her immediate supervisor within five calendar days not including Saturday, Sunday, or holidays of the occurrence which gave rise to the grievance. An association representative may be present to represent the employee, if the employee desires him or her present. The immediate supervisor shall attempt to adjust the matter and/or respond to the employee within five calendar days not including Saturday, Sunday, or holidays. Step 2. If the grievance has not been satisfactorily resolved, the aggrieved employee and the association representative, if the employee wishes his or her assistance, shall reduce the grievance may be submitted to arbitration as hereinafter providedwriting, stating the specific provision of this Agreement the employee believes has been violated and what remedy is requested. The employee shall present such written grievance to the Chief within ten (10) calendar days not including Saturday, Sunday and holidays from the time the immediate supervisor’s response was due in Step 1. Step 3. If no the grievance has not been satisfactorily resolved in Step 2, the employee or the association, if the employee wishes its assistance, may present a written request for arbitration is received appeal to the City Manager within five ten (510) calendar days following receipt of the chief’s response not including Saturday, Sunday or holidays. The City Manager shall meet with the employee and the association representative if the employee wishes him or her present, within ten (10) calendar days of receipt of the Step 3 grievance not including Saturday, Sunday or holidays. The City Manager shall respond in writing within ten (10) calendar days not including Saturday, Sunday or holidays from the date of the decision under meeting. Step III above 4. Any grievance that is givennot resolved in the grievance procedure may be referred, by written request from the union, within ten (10) calendar days not including Saturday, Sunday, or holidays of the date the City Manager's response is due in Step 3 to arbitration. 1. The parties will meet and attempt to mutually agree upon a neutral party to arbitrate the grievance. 2. If the parties fail to mutually agree upon an arbitrator within ten (10) calendar days not including Saturday, Sunday or holidays after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service by the Human Resources Director. Within ten (10) calendar days not including Saturday, Sunday or holidays, after receipt of the list, the parties shall meet and alternately cross out names on the list and the remaining name shall be the arbitrator. The grieving party shall cross out first. 3. The arbitration shall be conducted under the rules set forth in this Agreement. Subject to the following, the arbitrator shall have the jurisdiction and authority to hear a grievance as defined in this Article and to advise City Commission if a violation of the Agreement has taken place. 4. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof of any amendment thereto. 5. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, which is not a grievance as defined in this article, or which is not specifically covered by this Agreement. 6. The arbitrator shall confine himself/herself exclusively to the question which is presented to him or her, which question must be actual and existing. 7. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties within thirty (30) days of the hearing and shall be binding in accordance with Florida Statute 447.401. 8. The parties shall attempt to mutually agree in writing as to the issue to be arbitrated prior to a hearing. 9. Each party shall bear the expense of its own witness and its own representatives. The parties shall bear equally the expense of the arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of the same. 10. The arbitrator shall be requested to render his or her decision as soon as possible, but in any event, not later than thirty (30) calendar days after the hearing. In case of a grievance involving any continuing or other money claim against the City, no award shall be made by the arbitrator, which shall allow any alleged accruals for more than five (5) calendar days prior to the date when such grievance shall be deemed to have been settledsubmitted in writing. 9.03 All agreements reached under the 11. This grievance and arbitration procedure between may only be used by employees who are represented by the representatives Pinellas County PBA. Employees who pursue a grievance without PBA representation must do so under the grievance procedure set forth in Rule 9.5 of the Employer and the representatives for the Union, shall City’s Career Service System Manual. A grievance may not 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 pursued under more than one 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is Step 1 A grievance must be presented in writing to the mutual desire Human Resources Director or designee within twenty-one (21) calendar days from the time the employee knew or should have known of the parties to this Agreement 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 occurrence giving rise to the complaint have originated or occurredgrievance. Failing settlement, it may be taken up as 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 alleged to be violated. A grievance relating to pay shall be timely if received by the Medical Center within five twenty-one (521) working calendar days after the employee knew or should have known of the payroll error. In the event of an issue concerning a discharge, the issue must be presented within seven (7) calendar 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 alleged and shall contain a statement of the facts relied upon and indicate the relief soughttermination. The immediate Supervisor supervisor’s or designee’s written reply is due within fourteen (14) calendar days of such presentation. A Step 1 meeting may be held within fourteen (14) calendar days following the filing of the grievance, in which case the immediate supervisor's or designee's written reply is due within fourteen (14) 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 submit his answer 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 shall reply in writing within five fourteen (514) working calendar days following after 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 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 convenedmeeting. 9.02 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 questions as to whether the grievance is arbitrableStep 3 If not resolved at Step 2, the grievance may thereafter be submitted presented in writing to arbitration as hereinafter providedthe next appropriate level of leadership, or his/her designee for consideration and determination within ten (10) calendar days after receipt of the department/division head’s response or if the department/division head’s response is not received within that period, within ten (10) calendar days after the expiration of time allotted in Step 2 for the department/division head’s response. The Regional Vice President of Patient Care Services or designee shall meet within 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 days after the meeting. Step 4 If the grievance is not resolved at Step 3, the Association may thereafter present it to an 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. Alternatively, by mutual agreement, within 21 calendar days after the receipt of the step 3 reply the parties shall request the services of a mediator by submitting the dispute to the Federal Mediation and Conciliation Service. If no written request for arbitration is received within five (5) days from the date of parties do not resolve the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 dispute 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 foregoingmediation, the parties may agree will proceed to waive or extend any the arbitration procedure in article 7.6 within 21 days of the time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the partiesconclusion of mediation. 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 1 contract

Samples: Professional Agreement

GRIEVANCE PROCEDURE. 9.01 It is 801 Grievance Procedure 802 Any complaint or dispute arising between a covered Registered Nurse and the mutual desire Employer concerning the interpretation or application of the parties express provisions of this Agreement, including express provisions relating to this Agreement that the complaint wages, hours of an employee work, and other conditions of employment, shall be resolved as promptly as possiblein accordance with this Article, except where a specific provision has been excluded from being resolved through the Grievance and Arbitration procedure. It is understood that an employee has no 803 First Step 804 A Registered Nurse who believes a grievance until he has first discussed his or complaint exists will discuss such matter with his the 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 supervisor within five (5) working days after calendar days, and may do so with or without an Association Representative being present. After meeting and verbally discussing the circumstances giving rise to matter with the complaint have originated immediate supervisor, should the issue remain unresolved, the Registered Nurse shall discuss the matter with the Clinical Director or occurred. Failing settlement, it may be taken up as a grievance designee within five (5) working days following advice of calendar days, and may do so with or without an Association Representative. Nothing shall preclude the Registered Nurse from first having consulted with the Association as the Registered Nurse elects. 805 After meeting and verbally discussing the matter with the immediate Supervisor’s decision in supervisor and the following manner and sequence: The employee shall Clinical Director or designee, should the issue remain unresolved, the Registered Nurse may elect to submit a written grievance signed by him to his immediate Supervisor. The grievance shall specify the article or articles within fourteen (14) days of the Collective Agreement of which a violation is alleged and shall contain a statement conclusion of the meeting between the Registered Nurse and the Clinical Director or designee, and if the grievant elects to do so, the Associations’ standard Grievance Statement and Record form shall be used. 806 It is the intent of the Parties that each shall fully and honestly disclose, at all steps, the facts relied upon known to it in an effort to resolve disputes. 807 The original written grievance form will be served on the Vice President of Human Resources or designee and indicate a copy to the relief soughtEmployer. Remaining copies are distributed as specified on the form. The immediate Supervisor shall submit his answer in writing supervisor may elect to schedule a meeting following receipt of the written grievance, or proceed to issue the written response. A written response must be made by the Clinical Director within five fourteen (514) working calendar days following the day on which conclusion of the grievance was presented to him. Failing settlementmeeting, then: Within five or within fourteen (514) working calendar days following the decision under Step I, the employee shall submit Department of Human Resources’ receipt of the written grievance grievance. Copies of the written First Step answer will be forwarded to the Director of the Programme or designate who shall review the grievance grievant 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 designateAssociation Representative. The Executive Director or designate will meet with No copy is mailed to the grievor and the xxxxxxx from the appropriate area to review the grievance within five (5) days of receiving the grievance State Associations at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may 808 Second Step 809 If 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 Clinical Director’s response from the date on which First Step does not resolve the grievance meeting was convened. 9.02 Failing settlementgrievance, under or if there is no response received within the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrablespecified time limit, the grievance may be submitted appealed to the Second Step by the Association. The appeal must be made within fourteen (14) calendar days of the date the Clinical Director’s final response is mailed or personally served on the grievant. Appeals will be made to the Vice President of Human Resources or designee. 810 The Second Step meeting will be scheduled within fourteen (14) calendar days following receipt of the appeal, in writing, by the Vice President of Human Resources or designee. Such meeting will be scheduled at a mutually acceptable time. The Second Step meeting shall include the grievant and the department manager and such other principals as either Party deems appropriate, not to exceed a total of four (4) persons from either Party. 811 The written response to the grievance at the Second Step will be mailed or emailed to a local officer of the Association and the State Associations office within fourteen (14) calendar days following the conclusion of the Second Step meeting(s). 812 The Second Step of the grievance procedure shall constitute the final investigatory stage of the proceedings. If mutually deemed appropriate, final decisions shall serve to set precedent in other like grievances which may be filed in the future. There shall be no retroactive applications to other grievances. 813 Arbitration 814 If the Employer’s response from the Second Step does not resolve the grievance, or if there is no response received within the specified time limit, the grievance may be appealed by the State Associations to binding arbitration. A copy of the Employer’s response will be provided to the Association President. 815 Appeals to arbitration as hereinafter providedmust be in writing to and received by the President/CEO or designee within fourteen (14) calendar days following personal service or mailing of the Employer’s written response to the grievance at the Second Step. If no written 816 Arbitrator 817 An Arbitrator may be mutually agreed to by the Parties, or the Parties will make a request to the American Arbitration Association for arbitration is received within a panel of five (5) days from the date Arbitrators. Selection of the decision under Step III above is given, arbitrator shall then be made by the grievance Parties alternately striking names with the remaining name to be the Arbitrator. Choice of first striking shall be deemed by lot. 818 An Arbitrator is only authorized to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives provide interpretation of the Employer application of the express provisions of this Agreement. The Arbitrator shall have no power to add, to subtract, to alter, or to amend any portion of the Agreement, or to substitute the Arbitrator’s judgment for that of the Party whose action is being grieved. 819 The decision and the representatives for the Union, award rendered by an Arbitrator shall be final and binding upon on the Parties. Extension shall only be by mutual written agreement of the Parties. 820 The expenses of arbitration including reporting services and a copy of the transcript for the Arbitrator shall be shared equally by the Parties, with each Party individually responsible for the expense of its own transcript(s). Each Party shall be responsible for the cost of its representation and witness expenses. 821 General 822 An Arbitrator’s or the Employer’s decision in any one case shall not create a basis for retroactive adjustment in any other case, except where the Union and Parties have predetermined that a decision will have other specific applications. 823 Decisions of the employees. All time limits referred to Parties in the grievance procedures and settlement of grievances at the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment First or Second Steps of the grievance or denial of procedure shall not establish precedent in any other case, except as provided in Paragraph 812, and such settlements may be resolved in any mutually acceptable way which does not violate 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 terms and acknowledged by the parties. 9.04 For the purposes conditions of this Agreement, nor any state or federal statute. The Parties may mutually decide to apply a previously reached decision toward the words “working days” settlement of subsequent grievances. 824 Paycheck errors created by management shall not include be corrected and paid to the Registered Nurse within twenty‐four (24) hours of the notice of the error being brought to the attention of a management representative, Saturdays, Sundays and holidays excepted. Upon a request by the Registered Nurse, the corrected paycheck/paystub shall be made available to the associate. Paycheck clerical errors may be presented for correction for up to one (1) year from the date of such error(s). 825 Discharge and Association or paid holidays. 9.05 Where a grievance has been Employer grievances will be filed by an employee the Association or the Employer shall not discuss directly to the Second Step of the grievance with the grievor without the presence of a Union Xxxxxxx unless the employee requests to speak to the Employer without representationprocedure. 826 At each step of the grievance procedureprocess, a date stamped receipt will be provided to the Association Officer processing the grievance by the Vice President of Human Resources or designee, on the agreed upon forms, See Attachment B. 827 Time Limits 828 Time limits at any point in the grievance procedure may be extended by the mutual written agreement of the Parties. Any step of the grievance procedure may be mutually waived, however, no matter may be appealed to arbitration without first having been processed through the Second Step. When a step is waived, then the time limits in the next step shall apply, and references to time limits shall refer to the last step or to paragraph 804 as applicable. 829 Mediation ‐ Arbitration 830 A grievance may only be referred to mediation‐arbitration by mutual agreement of the Parties following a timely appeal to arbitration, or to the Second Step, whichever is applicable. The same grievance may only be referred once to mediation‐arbitration. 831 The Mediator shall be selected by mutual agreement and cannot be utilized in arbitration. The expenses and fees of the Mediation shall be shared equally by the parties. 832 Attendance at the mediation shall be limited to those necessary by both parties. 833 The mediation‐arbitration process shall be informal in nature. 834 The Mediator’s role shall be to assist the parties in resolving the grievance. 835 The Mediator’s opinion shall be advisory, not final and binding and inadmissible at the Arbitration. 836 If the grievance is not settled, the Employer parties are free to arbitrate. 837 The grievant Registered Nurse will mail the grievance response be permitted time off, subject to the homes staffing availability, to attend mediation‐arbitration proceedings, without loss of the grievor and the xxxxxxxpay.

Appears in 1 contract

Samples: Labor Management Agreement

GRIEVANCE PROCEDURE. 9.01 It is (a) Should a dispute arise between the mutual desire Employer and any employee(s) or the Union regarding the interpretation, intent or application of this agreement, an xxxxxxx effort will be made to resolve the dispute without any work stoppage. Step 1: The aggrieved employee should discuss the complaint with that employee’s immediate supervisor, with or without a representative of the parties Union present and, if this does not resolve the complaint, the employee may appeal to this Agreement that each subsequent level of supervision. Human Resources or Union representatives may be enlisted to help facilitate the complaint of discussion. 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 circumstances of the dispute, provide the Union with a written statement of the particulars and redress sought. If the Union elects to file the grievance with the Division, they must do so in writing within fourteen (14) calendar days of the expiration of the above period. Grievances 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 submitted to the complaint have originated or occurred. Failing settlementSuperintendent of Schools, it may be taken up as with 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 copy to his immediate SupervisorHuman Resources – Labour Relations. The grievance shall specify outline the article or articles particulars of the Collective Agreement of which a violation is alleged complaint and shall contain a statement of the facts relied upon and indicate redress sought. Step 3: Failing satisfactory settlement at Step 2, the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days following the day on which Union may request that the grievance was presented to himbe reviewed by the Superintendent of Schools. Failing settlement, then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance Such requests must be submitted to the Director Superintendent of the Programme or designate who shall review the grievance and render a decision in writing Schools within five fourteen (514) 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) calendar days of receiving the grievance at this stepStep 2 response. The Superintendent of Schools, or a Designate (such as an Assistant Superintendent or Executive Director Director), shall have such counsel and assistance as he may desire at this meeting as may issue a formal response within twenty-one (21) calendar days of receiving the Union request the presence of the Union staff representative. Failing settlement, request. Step 4: After receiving the decision of the Executive Director Superintendent of Schools or designate Designate, under Step 3 above, and failing satisfactory settlement, within fourteen (14) calendar days either party may request that a Mediator be appointed to meet with the parties. The parties must mutually agree to non-binding mediation for it to proceed. If one party rejects the request for mediation, they must advise the other party within fourteen (14) calendar days of the request. (i) The purpose of the mediator is to investigate and define the issues in dispute and facilitate a resolution. (ii) The Mediator 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 appointed by mutual agreement between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 (iii) The purpose of the purposes mediator's involvement in the grievance process is to assist the parties in reaching a resolution of this Agreementthe 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 words “working days” parties shall not include Saturdays, Sundays or paid holidaysfully disclose all materials and information relevant to the issue(s) in dispute. 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 (iv) The expenses of the Mediator shall be equally borne by both parties. (v) The grievance proceduremay be resolved by mutual agreement between the parties. Within fourteen (14) calendar days of first meeting the parties, having considered the issue(s) in dispute and the terms of the collective agreement, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxxMediator shall issue a report including non-binding recommendations.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 Section 16-1 It is the mutual desire intent and purpose of this article to provide for the presentation and adjustment of the parties employee grievances. The district and the union agree that employees in the bargaining unit shall have the right to use the following procedures to grieve matters involving the interpretation and application of specific provisions of this Agreement that Memorandum of Understanding, or policy. At any step in this process, at the complaint request of an employee the employee, a union representative shall be resolved as promptly as possiblepresent. It is understood the intent of the district 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 union representation shall be provided expeditiously on the workday it is requested, when operational needs permit. Step 1 When an employee has a complaint he grievance, they shall discuss it contact their immediate supervisor in an attempt to resolve the grievance through discussion with his their immediate Supervisor supervisor. If grievance is not resolved within five fifteen (515) working calendar days after or the circumstances giving rise to the complaint have originated employee is not satisfied with discussion and or occurred. Failing settlement, it may be taken up as a grievance within five (5) working days following advice decision of the immediate Supervisor’s decision supervisor the employee may proceed to step 2 of grievance procedure. Grievances settled in the following manner and sequence: The first step must not be of a precedent-setting nature, nor establish a precedent on any subject matter which may be binding on either party. Step 2 If the grievance is not settled at step one, the grievant must submit their grievance in writing to the Fire Chief within fifteen (15) calendar days from when the employee shall submit a written knew about the grievance signed by him to his immediate Supervisoror reasonably should have known. The grievance Fire Chief shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer respond in writing within five fifteen (515) working days following calendar days. If the day on which Fire Chief fails to respond within the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under Step Itime frame, the employee shall submit grievant has the written grievance right to move to the Director of next step. Within the Programme or designate who shall review time frame above the grievance and render a decision in writing within five (5) working days from grievant may present 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 he may desire at this meeting as may the Union request the presence Board of the Union staff representative. Failing settlement, the decision of Association to determine if the Executive Director or designate shall Board will support the cause. If no agreement can be delivered reached 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrableStep 2, the grievance may be submitted to arbitration as hereinafter providedthe Board of Directors Grievance Committee. If no written request for arbitration is received within five The committee shall be comprised of a minimum of two Stanislaus Consolidated Fire Protection District Board Members. The grievant has a maximum of fifteen (515) calendar days from the date receipt of the decision under Step III above is given, response from the Fire Chief to submit the grievance in writing to the Grievance Committee. The Grievance Committee shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives render a decision thereon in writing within fifteen (15) calendar days 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 receipt 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 partieswritten grievance. 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 1 contract

Samples: Memorandum of Understanding

GRIEVANCE PROCEDURE. 9.01 Section 1. It is the mutual desire of mutually agreed that a grievance is any dispute, controversy, or difference between the parties to this Agreement that or any issue with respect to or concerning the interpretation or application of this Agreement or any terms or provisions thereof. No matter respecting the provisions of any of the insurance or pension retirement programs set forth in this Agreement shall be subject to the Grievance and Arbitration Procedures established under this Agreement. A. Before initiating a written grievance the Employee must first discuss the matter orally with the Sheriff or the Undersheriff. B. If the matter is not so resolved, the Union representative and Employee shall discuss complaint with the Sheriff, Undersheriff. C. If a complaint is not resolved in Step A or B, the complaint of an employee shall will be resolved as promptly as possible. It is understood that an employee has no reduced to writing on the regular grievance until he has first discussed his complaint with his immediate Supervisor form provided by the local Union, signed by the Employee, and afforded him an opportunity presented to endeavour to adjust his complaint. If an employee has a complaint he shall discuss it with his immediate Supervisor the Sheriff or Undersheriff within five (5) working calendar days of the completion of step B. The Sheriff or Undersheriff shall have ten (10) calendar 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 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 receiving the grievance was presented to him. Failing settlement, then: Within five (5) working days following answer 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 grievance. D. If the grievance is presented to him. Failing settlementnot settled, then: Within five either party may, within ten (510) working calendar days following after receiving the decision under Step IISheriff’s or Undersheriff’s answer, request in writing a meeting which shall be set at a mutual agreeable time and place, between the employee shall submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the grievor Union representatives and the xxxxxxx from the appropriate area Sheriff, County Administrator and/or Undersheriff and/or a designee(s) to review the grievance matter. The grievant shall be present at this meeting. Such meetings, if requested, shall be held within five thirty (530) days of receiving the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from after the date of the written request. The Sheriff will render his/her decision under Step III above is given, within ten (10) calendar days of the meeting. Section 2. Arbitration: If the grievance shall be deemed to have been settled. 9.03 All agreements reached under is not settled by the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Unionstep(s) above, shall be final and binding upon the Employerrecognizing that step D is optional, the Union may submit such grievance to arbitration. The submission is to be made within thirty (30) days after receipt of the last step answer. Each grievance submitted to arbitration shall be submitted to the FMCS in accordance with its voluntary rules and regulations then existing, within the employeestime specified above. All time limits referred to in the grievance procedures and Such rules should govern 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 partieshearing. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement hereto that the complaint of an employee shall employees' complaints be resolved dealt with as promptly soon as possible. It is understood that an No employee shall file a grievance under until the employee has no grievance until he has first discussed his complaint with his immediate Supervisor any grievance, the alleged circumstances of which originated or occurred than seven (7) calendar days (8) calendar days in case of part-time and afforded him an opportunity substitute employees) prior to endeavour its presentation. Grievances and responses to adjust his complaintgrievances shall be submitted in writing at all stages. If an employee has a complaint he Grievances shall discuss it with his immediate Supervisor within five (5) working days after the circumstances giving rise make reference 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 alleged and original shall contain a detailed statement of the facts relied upon requested. Step An employee having a grievance shall, either directly or assisted by Xxxxxxx, submit the same signed by the griever and indicate the relief soughtUnion Xxxxxxx to Program Manager. The immediate Supervisor Program shall submit his answer in writing render decision within five seven (57) working calendar days next following receipt of the day on which the grievance was presented to himgrievance. Failing settlement, then: Within five (5) working days following Step If the decision under Step Iof the Manager is not acceptable to the Union, the employee shall submit Union may appeal the written grievance decision to the Operations Director by grievance appeal notice in writing, signed by the employee and a Union Xxxxxxx, within seven (7) calendar days (eight (8) calendar days in the case of part-time and substitute employees) 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 receipt of the decision under Step IIof the Program Manager. If the griever is absent on an authorized leave and is not available to sign the appeal notice within the relevant time limit, such appeal notice may be signed the second Union Xxxxxxx in lieu of the The Operations Director shall hold a with the Union Xxxxxxx, and shall render decision to the employee and the of the Grievance Committee within seven (7) calendar days nest following receipt of appeal notice. Step If the decision of the Operations Director is not acceptable to union. the union may appeal the decision Lo Executive Director by grievance appeal notice in writing, signed by the employee and Union within (7) days (8) calendar days in the of part-time substitute employees) of the receipt of the decision of the Operations Director. the is on an authorized and not available to appeal notice relevant time limit: appeal. notice signed a second Union in lieu of the Grievance Committee shall submit with the Director or representative, to deal with grievance. Director, or designated shall render decision within seven (7) calendar days (eight (8) in the case of part-time substitute employees) of the meeting with the Grievance In event that decision of Executive Director is not satisfactory to the Union; Union may invoke the arbitration provisions of this Agreement written grievance notice of the Union's intention to proceed to arbitration is given to the Executive Director within fourteen (14) calendar days (twenty-one (2 1) calendar in case of part-time and substitute employees) of receipt of decision of Executive Director. above time limits may be extended by mutual agreement the parties. Where any step grievance procedure may require: without reasonable the substitution of alternate 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 he may desire at this meeting as may the Union request the presence Chairperson of the Union staff representativeGrievance the Employer may. Failing settlementin lieu of allowing such set out in within a time limit for taking of step of grievance procedure, the decision time limit be automatically extended by an equivalent 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 settlementcalendar days. such time limits, under the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Failure to comply with any the time limits the Employer or the Union shall be deemed abandonment an of grievance. Failure of the to reply within time shall entitle employee or the Union, as provided above, to proceed to the nest step. For purpose of grievance and arbitration procedures, a grievance shall a or denial of difference as to the grievance as the case may beinterpretation. Notwithstanding the foregoing, the parties may agree to waive application 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 administration of this Agreement, or an alleged violation thereof. Employer's decision with respect to the words “working days” shall designation of Program not include Saturdays, Sundays or paid holidays. 9.05 Where be the subject of a grievance has been filed by an employee or 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 xxxxxxxUnion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It Section 1. A grievance, under this Agreement, shall be defined as a claim of an employee, the Union or the Employer/Hospital covered by this Agreement, which involves the interpretation of, administration of, or compliance with the specific provision of this Agreement. Section 2. In the event of any grievance the aggrieved employee may, at the employee’s option first discuss the grievance informally with the employee’s immediate supervisor. If the grievance is not resolved informally or if the mutual desire employee elects not to discuss the grievance informally, such grievance shall be presented in writing to the Employer/Hospital as provided below: a.) The grievance shall be reduced to writing on forms provided by the Union, signed by the employee and/or Union representative and presented to the appropriate supervisor. The written grievance shall include the name and position of the parties to this grievant, the date, the basis of the grievance and relief requested, and the clauses or provisions of the Agreement that the complaint of an employee shall involved. b.) Such written grievance must 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 submitted within five twenty (520) working calendar days after the circumstances event or events giving rise to the complaint grievance occurred or within twenty (20) calendar days after those events should reasonably have originated been known or occurred. Failing settlementthe grievance shall be deemed waived however, it if the grievance is for any claim, for which the arbitrator directs the payment of overtime, wages and fringe reimbursement to an employee, such period shall not limit the period of time for which recovery may be had. c.) The grievance will be taken up as in a grievance meeting within five seven (57) working calendar 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 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 after the grievance is presented to him. Failing settlementfiled, then: Within five (5) working days following between the decision under Step IIemployee, the employee shall submit Union representative and the immediate supervisor. A written grievance response to the Executive Director or designate. The Executive Director or designate will meet with grievance shall be given to the grievor Union representative and the xxxxxxx from Union within seven (7) calendar days after 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 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 convenedmeeting. 9.02 Failing settlement, under Step 2. If no mutually satisfactory conclusion is reached at the foregoing procedure, end of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrableStep 1, the grievance may be submitted appealed to arbitration as hereinafter providedthe Human Resources Director or designee within ten (10) calendar days of receipt by the Union of the Step 1 answer. A meeting at a mutually agreeable time and place shall be held within seven (7) calendar days with Union representatives and the Human Resources Director or designee and any management personnel deemed appropriate. The Employer/Hospital shall render a written answer to the Union within seven (7) calendar days of the Step 2 grievance. The Employer/Hospital shall provide the Step 2 answer electronically to Local 1133 and to the CWA District office. Step 3. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed is not resolved at Step 2, either party to have been settled. 9.03 All agreements reached under this Agreement desiring to move the grievance and arbitration procedure between the representatives to arbitration, must give notice 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 intention 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 arbitrate 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.other party (Human Resources Director or designee or CWA representative) within forty-five

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It Section 4.01. This grievance procedure is established to resolve any specific dispute between an employee and the mutual desire Board concerning, and limited to, the interpretation or application of the parties provisions of the Agreement. Section 4.02. Any employee presenting a grievance may elect to this Agreement that be represented by a Union representative of the complaint employee’s choice at any step of an employee the procedure. Section 4.03. A grievance 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 manner: Step 1: Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within twenty (20) calendar days of its first occurrence or within ten (10) calendar days of the time the employee reasonably should have knowledge of the occurrence, whichever is later, discuss the complaint orally with the employee’s immediate supervisor. The supervisor shall attempt to adjust the complaint at that time. Step 2: If a complaint is not resolved in Step 1, and sequence: The the employee shall submit wishes to file a grievance, the Union shall, within seven (7) calendar days of the oral discussion with the immediate supervisor, serve a written copy of the grievance signed by him to his immediate Supervisoron the supervisor and the Union. The written grievance shall specify set forth the article or articles nature of the Collective Agreement of grievance, the facts on which a violation it is alleged and shall contain a statement based, the specific provisions of the facts relied upon Agreement allegedly violated, and indicate the relief soughtrequested. The immediate Supervisor supervisor shall submit his answer respond in writing to the employee, and to the Union, within five seven (57) working calendar days following after receipt of the day on which grievance. Step 3: If a grievance is not resolved in Step 2 and the grievance was presented Union wishes to him. Failing settlement, then: Within five (5) working days following continue the decision under Step Igrievance, the employee shall submit Union shall, within seven (7) calendar days after receipt of the supervisor’s answer, present the written grievance to the Director appropriate Assistant Superintendent or his/her designee. The Assistant Superintendent shall give the Union and the employee the Board’s written answer within seven (7) calendar days after receipt of the Programme grievance. Step 4: If the grievance is not resolved in Step 3 and the Union wishes to continue the grievance, the Union shall, within seven (7) calendar days after receipt of the Assistant Superintendent’s answer, present the written grievance and replies to the Board’s Superintendent or designate this person’s designee who shall review consider the grievance and render shall give the Union the Board’s written answer fourteen (14) calendar days after receipt of the grievance. Step 5: If a grievance is not resolved in Step 4 and the Union wishes to continue the grievance, the Union may, within seven (7) calendar days after receipt of the answer of the Superintendent or this person’s designee, refer the written grievance and replies to arbitration. The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after receipt of notice of referral; and in the event the parties are unable to agree upon an arbitrator within said seven (7) calendar day period, either party may request the Bureau of Mediation Services to submit a panel of seven (7) arbitrators. Both the Board and the Union shall have the right to alternately strike two (2) names from the panel. In the event the parties cannot agree on the party striking the first name, the decision will be decided by a flip of a coin. The remaining person shall be the arbitrator. The arbitrator shall be notified by a joint letter from the Board and the Union requesting that the arbitrator set a time and a place, subject to the availability of the Board and Union representatives. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provision of the Agreement. The Arbitrator shall be limited to only the specific written grievance submitted by the Board and the Union, and shall have no authority to make a decision on any issue not so submitted. The arbitrator shall submit a decision in writing within five ten (510) working days from following the date on which close of the hearing or the submission of briefs by the parties, whichever is the later, unless the parties agree to an extension thereof. The decision shall be based solely up to the arbitrator’s interpretation of the meaning or application of 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 Board and the Union; provided, however, that each party shall be responsible for compensating its own representative and witnesses. Section 4.04. The Board and the Union agree that the grievance and arbitration procedures contained in this Agreement are the sole and exclusive means of resolving all grievances arising under this Agreement. At any stage of the proceeding, however, representatives of the Board and Union may meet and resolve the dispute without further formal action. Section 4.05. The time limits established in this Article may be extended by mutual written consent of the Board, the employee, and the Union. Section 4.06. If the grievance is presented to himnot timely pursued within the prescribed time limits, said grievance shall be considered resolved on the basis of the last answer provided, and there shall be no further appeal or review. Failing settlement, then: Within five (5) working days following Should the decision under Step IIBoard not respond within the prescribed time limits, the employee shall submit the written grievance will proceed 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 next step. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, 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 arising from the interpretation, application, administration Section 4.07. When an employee has elected to pursue a remedy by state statute or Minneapolis City Charter for alleged conduct which may also be a violation of this Agreement, including any questions as the employee shall not have simultaneous nor subsequent resort to whether this grievance procedure and the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance then or thereafter processed shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives forever waived. The filing 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 based on 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.same issue or

Appears in 1 contract

Samples: Labor Agreement

GRIEVANCE PROCEDURE. 9.01 It A grievance is the mutual desire of the parties to this Agreement that the complaint of a claim by an employee that the Section 4.1.1. The aggrieved employee, with or without an employee representative, may take up the grievance or dispute with the employee’s supervisor within fourteen calendar days of its occurrence. Section 4.1. 2. (a) If the matter is not settled within seven calendar days of reference to the supervisor, the matter 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 reduced 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 writing by the circumstances giving rise to the complaint have originated or occurred. Failing settlementgrievant, 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 alleged and shall contain a statement of including, but not limited to, 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 based, the section or sections of the Agreement alleged to have been violated, and the relief sought. Such written grievance shall be presented to himthe Department Head in charge of the department within fourteen calendar days of reference of the matter to the supervisor. Failing settlement, then: Within five Before proceeding to the next step (5) working days following the decision under Step II3 or 6), the employee aggrieved employee, the Department Head, the Grievance Committee and the Human Resources Representative shall submit meet to attempt to resolve the written grievance. (b) Such meeting shall be held within fourteen calendar days of the date the grievance is submitted to the Executive Director or designateDepartment Head. The Executive Director or designate will meet with purpose of the grievor 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 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 he Department Head may desire at this meeting as may the Union request 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 Union staff representative. Failing settlement, stating the disposition of the grievance and the reasons for the decision within five working days after the Step 2 meeting. (a) If a case involving the discipline or discharge of an employee is not resolved at Step 2, it shall then be submitted in writing to the Board of Commissioners within fourteen calendar days of the Executive Director or designate issuance of the Department Head’s answer at Step 2. The Board of Commissioners shall be delivered in writing within five (5) working days from then meet with the date Grievance Committee to attempt to resolve the grievance, and shall thereafter issue its decision on which the grievance meeting was convenedgrievance. 9.02 Failing settlement(b) If a case involving something other than discipline or discharge is not resolved at Step 2, under the foregoing procedureit shall, of any grievance between the parties arising from the interpretationif pursued, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may then be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under an arbitrator pursuant to Step III above is given, the grievance shall be deemed to have been settled6. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is (Applicable to Full time and Part time Employees) 10.01 In order to provide an orderly and speedy grievance procedure for the mutual desire setting of the parties to this Agreement 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 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 Igrievances, the employee shall submit Employer acknowledges 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 he may desire at this meeting as may the Union request the presence right of the Union staff representativeto appoint or elect members whose duties shall be to assist an employee in preparing and in presenting his grievance in accordance with the grievance procedure. Failing settlement, Employees shall have the decision right to have representatives of the Executive Director or designate Union when dealing with the Employer on matters under this Agreement provided this does not affect the operation of the Service. 10.02 A grievance under this Agreement 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 arising from defined as a difference or dispute concerning the interpretation, application, administration or alleged violation of this Agreement, including any questions provided it is raised as to whether the a grievance is arbitrablein writing, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five fourteen (514) calendar days from the date of the decision under Step III above is given, the grievance circumstances that gave rise thereto becoming known. 10.03 An xxxxxxx effort shall be deemed made to have been settled. 9.03 All agreements reached under the grievance settle grievances fairly 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 promptly in the grievance procedures and following manner: Step 1 The aggrieved employee(s) shall first seek to settle the arbitration procedure, shall be construed as mandatory and failure dispute with the employee's supervisor whose reply 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 aggrieved employee(s) shall be in writing and acknowledged by the partiesshall be given within seven (7) calendar days. 9.04 For Step 2 Failing satisfactory settlement within seven (7) calendar days after the purposes of this Agreementdispute was submitted under Step 1, the words “working days” employee(s) concerned or the member's representative will submit to the grievance to the Director of Emergency Medical Services, or designate, a written statement of the particulars of the grievance and the redress sought. The Director shall not include Saturdays, Sundays or paid holidayshold a meeting with the employee and the employee's representative within fourteen (14) calendar days of the receipt of the grievance and shall give the grievor his decision in writing within seven (7) calendar days of the meeting. 9.05 Where Step 3 Failing a grievance has been filed satisfactory settlement being reached in Step 2, the Union may refer the dispute to arbitration. Replies to grievances shall be in writing at Step 2. 10.04 A claim by an employee who has completed the Employer probationary period that he has been discharged without just cause shall not discuss the be treated as a grievance if a written statement of such grievance is lodged with the grievor without the presence of a Union Xxxxxxx unless the employee requests to speak to the Employer without representation. At each step Director at Step 2 of the grievance procedureprocedure within seven (7) calendar days after the employee ceases working for the Employer. Failing settlement at Step 2, the employee may proceed to Step 3, arbitration, as outlined above. Such special grievances may be settled by: (a) confirming the management's action in dismissing the employee; or (b) reinstating the employee with full compensation for time lost; or (c) any other arrangement which is just and equitable in the opinion of the conferring parties or the Board of Arbitration. 10.05 Any grievance instituted by the Employer will mail may be referred in writing to the Unit Xxxxxxx of the Local within ten (10) full working days of becoming aware of the occurrence or the circumstances giving rise to the grievance response and the Unit Xxxxxxx or designate and OPSEU staff member shall meet within ten (10) working days thereafter with the Employer to consider the grievance. 10.06 A Union policy grievance, which is defined as an alleged violation of this Agreement concerning the Union as such or concerning all or a substantial number of Employees in the bargaining unit, may be lodged by the Union in writing with the Director of Emergency Medical Services at Step 2 of the grievance procedure at any time within ten (10) full working days after becoming aware of the circumstances giving rise to such grievance occurred or originated. 10.07 All meetings held pursuant to the homes of grievance procedure shall be at a time and place agreed to by the grievor Union and the xxxxxxxEmployer. Employees whose attendance is necessary at such meetings and who attend during their scheduled hours of work shall be paid.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is 27.1 To promote better relations, the mutual desire parties agree to settle any disputes as to meaning, interpretation, or application of this Agreement as follows: A. Step 1: Presentation of a dispute to the Association - Any employee with a dispute must first present the facts of the parties dispute to this Agreement the Executive Board of the Association for review and recommendations by the Association’s attorney. If the Executive Board votes to withhold support for the grievance the employee may appeal to the general membership of the Association. If the general membership votes to withhold support for the grievance the Association shall inform the employee and the Fire Chief in writing that the complaint employee is preceding without the support of an the Association. B. Step 2: Dispute resolution - The employee and/or the Association shall be resolved as promptly as possibleattempt to resolve the dispute informally in a meeting with the Deputy Fire Chief or, in the absence of the Deputy Fire Chief, their designee. 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 Failure of the Deputy Fire Chief or designee to endeavour schedule such a meeting in a timely manner will constitute a failure to adjust his complaint. If an employee has a complaint he shall discuss it with his immediate Supervisor within five (5) working days after resolve the circumstances giving rise to the complaint have originated or occurred. Failing settlement, it may be taken up as dispute informally. C. Step 3: Filing a grievance within five (5) working days following advice of with the immediate Supervisor’s decision in Deputy Fire Chief - If the following manner and sequence: The dispute is not resolved informally any employee shall submit or the Association may claim a written grievance signed by him to his immediate Supervisorwith the Deputy Fire Chief. The grievance shall specify be in writing and filed within 30 calendar days from the article occurrence thereof or articles of the Collective Agreement of which a violation is alleged and employee’s knowledge thereof. The grievance shall contain a the following information: 1. A statement of the grievance and relevant facts relied upon and indicate the relief soughtwhich it is based; 2. The immediate Supervisor provision of the agreement violated; 3. The remedy being sought by the grievant to resolve the dispute. The Deputy Fire Chief shall submit his answer respond to the grievance in writing within five (5) working 14 calendar days following with a copy to the day on which Association and/or Grievant. D. Step 4: Filing a grievance with the Fire Chief- If the employee or the Association believes that the grievance was presented to him. Failing settlement, then: Within five (5) working days following the decision under Step I, the employee shall still be adjusted; they will submit the written grievance in writing to the Director Fire Chief within seven calendar days of the Programme or designate who receipt of the Deputy Fire Chief’s response. The notice of grievance shall review include the information stipulated in step three. The Fire Chief shall respond to the grievance and render a decision in writing within 14 calendar days with a copy to the Association and/or Grievant. E. Step 5: Arbitration - Upon receipt of the Fire Chief’s response to the grievance the Association shall have seven calendar days to request that the grievance be submitted to an arbitrator. The grievance shall be submitted to an arbitrator within seven calendar days. If the parties cannot agree on an arbitrator within seven calendar days of submitting the grievance to arbitration the arbitrator shall be chosen in the following manner. 1. A list of five (5) working days members of the State Conciliation Service shall be requested and the parties shall alternately strike one name from the date list, until only one name is left. The order of striking names shall be determined by lot. 2. The arbitrator shall hold a hearing and issue a decision within 30 calendar days. The arbitrator's decision shall be in writing and shall set forth findings of fact, reasoning and conclusions on which issues submitted including remedial action to be taken. The powers of the grievance is presented arbitrator shall be limited to him. Failing settlement, then: Within five (5) working days following the decision under Step IIinterpreting this Agreement and determining if it has been violated, 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 arbitrator shall have such counsel and assistance no authority to alter, modify, vacate, or amend any terms of this Agreement, or to decide any condition which is not specifically treated in this Agreement. • Insofar as 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 arbitrator is within the scope of the arbitrator's authority, as described above, and is based on substantial evidence, the arbitrator's decision shall be delivered final and binding on both parties. 3. The costs of the arbitrator shall be borne equally by the parties. Each party shall be responsible for costs of presenting its own case to arbitration. 4. Both parties shall in writing within five (5) working days from the date on which good faith disclose any information, material or testimony of witnesses as early as possible in the grievance meeting was convenedprocedure in order to encourage early settlement of contract disputes. 9.02 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 questions as to whether 27.2 Any time limits specified in the grievance procedure may be waived by mutual consent of the parties. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute an abandonment of the grievance by the Association. Failure on the part of the District to meet these time limits shall constitute resolution of the grievance be made in favor of the Association. The District shall not be precluded from arbitrating the sole issue of an appropriate remedy if the remedy requested by the Association is arbitrable, determined to be frivolous given the disputed issue. A grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days terminated at any time upon receipt of a signed statement from the date of Association that the decision under Step III above is given, the grievance shall be deemed to have matter has been settledresolved. 9.03 27.3 All agreements reached under probationary and regular employees whose employment is governed by the terms of a current collective bargaining agreement and who want to appeal demotion, reduction in pay, suspension without pay or discharge decision must use the grievance and arbitration procedure between in their collective bargaining agreement. Such employees do not have appeal rights under the representatives of the Employer and the representatives for the UnionCivil Service rules unless they waive, 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 in a timely manner, all rights granted to them to appeal such a decision under the parties. 9.04 For the purposes current collective bargaining agreement including approval of this Agreement, the words “working days” shall not include Saturdays, Sundays or paid holidays. 9.05 Where a grievance has been filed such waiver 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 xxxxxxxauthorized bargaining unit representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is Should a dispute between the mutual desire of the parties to this Agreement that the complaint of an Board and any 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 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 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 arising from regarding the interpretation, applicationmeaning, administration operation or alleged violation application of this Agreement, including any questions question as to whether the grievance 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 settle the dispute in the manner described in this Article, but any deviation from this procedure shall result in the forfeiture of all rights under this Article. Notwithstanding the above, an employee may attempt to resolve the dispute with the Supervisor of Caretakers (or when applicable the Chief Caretaker, or Chief Engineer) prior to proceeding to Step of the grievance may procedure. The aggrieved employee shall submit the grievance in writing to the Recording Secretary of the Union. together with the Grievance Committee, shall seek to settle the dispute with the employee's Supervisor of Caretakers and Supervising Engineer. Failing satisfactory settlement within two days after the dispute is submitted under Step the Grievance Committee will submit to the Superintendent of Plant a written statement of the particulars of the and the redress sought. The Superintendent of Plant Operations shall hold a meeting with the Grievance Committee within six (6) days after receipt of such notice and shall render decision. Failing satisfactory settlement after the dispute is submitted under Step the Grievance Committee within fifteen (15) days, submit to the Comptroller of Buildings and Plant a written statement of the particulars of the complaint and redress sought. The Comptroller of Buildings and Plant shall hold a meeting with the Grievance Committee within fifteen (15) days after receipt of such notice and shall render decision in writing at that time. Failing agreement being reached in Step application shall be submitted to arbitration as hereinafter providedthe Board, or a Committee of the Board, in writing, the Superintendent of Services of the Board, or designate, ten (10) prior to the next regular Board meeting, stating the grievance concerned, and a hearing shall be granted at the next regular meeting of the Board or a Committee designated by the Board. If no written request for arbitration is received Failing a satisfactory settlement within five days after the dispute is first discussed by the Board, or a Committee of the Board, the Union may, on giving fifteen (515) days days' notice in writing to the Board or a Committee of the Board of its intention, refer the dispute to arbitration. Arbitration shall be as in the Labour Relations Act of Ontario as amended from time to time. Where a dispute involving a question of application or interpretation occurs, the Board and the Union may agree to bypass subsection Steps and of this Article. Grievances settled satisfactorily within the time allowed shall date from the date of the decision under Step III above is given, time that the grievance shall be deemed to have been settled. 9.03 All agreements reached under was filed. The Board will supply the necessary facilities for grievance meetings. The time limits fixed in both the grievance and arbitration procedure between the representatives procedures may be extended by consent in writing of the Employer and the representatives for the Union, shall be final and binding upon the Employer, the Union and the employeesparties to this Agreement. All time limits referred to in the At any stage of grievance procedures and the or 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 have the assistance of the time limits established in this grievance procedure. Howeveremployee concerned and any other witnesses, and all reasonable arrangements will be made to permit the conferring parties or the arbitrator to have access to any such agreement shall part of the Board's premises to view any conditions which may 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 relevant to the Employer without representation. At each step settlement of the grievance procedure, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxxgrievance.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is An employee having a complaint should first take it up verbally with his immediate supervisor, giving him the mutual desire opportunity of adjusting the parties to this Agreement that condition causing the complaint of an before lodging a grievance. The employee shall request his Union Xxxxxxx to be resolved as promptly as possible. It is understood that an employee has no grievance until he has first discussed his present when taking up a complaint with his immediate Supervisor Supervisor. A grievance may arise only from a dispute concerning the interpretation,application, administration or alleged violation of this Agreement. A grievance shall be processed in accordance with the following steps, or as set out in and afforded him an opportunity to endeavour to adjust his complaint. If Any request by an employee has to discuss a complaint he shall discuss it or grievance with his immediate Union Representative will be granted within a reasonable period of time, without undue delay. The employee will be granted a reasonable period of time, without loss of pay, to discuss or file a grievance in the Union Office. STEP ONE grievances should, as far as is possible, identify the Article, clause or clauses of this Agreement which are alleged to have been violated, describe the specific problems and he signed by the aggrieved employee. The grievance must be 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 Supervisor shall render his decision to the Xxxxxxx in writing giving reasons for his decision, within two (2) working days of 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 meet with the Committeeperson within two (2) further working days to discuss the grievance. The Xxxxxxx be in attendance at this meeting. The Company will give its decision in writing giving reasons for its decision to the Committeeperson within three (3) working days after the meeting was held. STEP THREE If the decision of the Company is not satisfactory,the Committee Chairperson shall within five (5) working days of the receipt of the answer in STEP TWO, refer the grievance to the appropriate Department Manager. The Department Manager will meet with the Plant Corninittee in five (5) further working days to discuss the grievance, and will give its decision in writing giving reasons for his decision to the Committee Chairperson within five (5) working days after the circumstances meeting has been held. The Xxxxxxx be present at this meeting. To avoid the necessity of processing numerous grievances concerning the same subject or event, the Company will recognize Group Grievances provided that each aggrieved employee signs the grievance and the grievance is processed as provided in If either party has a complaint with respect to a representative of the other, or alleges that there has been a misrepresentation, violation or non-application of this Agreement, or of any of the provisions hereof, then either party within thirty (30) calendar days of the incident 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 give to 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 alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer other notice in writing within five (5) working days following of such grievance. In 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 he may desire at this meeting as may the Union request the presence case of the Union staff representative. Failing settlement, such grievance be filed by 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance Corninittee Chairperson 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 Company 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 representationappropriate Department Manager. At each step of the grievance procedure, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxx.Within three

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the Parties that differences arising from the application or administration of this Collective Agreement a difference relating to whether or not a matter is arbitrable) shall be dealt with according to the terms of this Complaint and Grievance Procedure. It is the mutual desire of the parties to this Agreement hereto that the complaint complaints of an employee employees shall be resolved adjusted as promptly quickly as possible. It is generally understood that an employee has no grievance until he she has first discussed his complaint with his immediate Supervisor and afforded him given the Employer an opportunity to endeavour to adjust his her complaint. If an employee has a an unsettled 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 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 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 arising from regarding the interpretation, application, administration or alleged violation of this AgreementCollective Agreement the employee will comply with the following complaint and grievance procedure: The employee will verbally refer the matter to immediate supervisor within three (3) days after the circumstances giving rise to the complaint have occurred, including any questions as or when it should have reasonably come to whether the attention employee. The employee may be accompanied by a Xxxxxxx, if so requested. The supervisor shall render decision in writing within ten calendar days of the receipt of the complaint. Failing settlement at the Complaint Stage, the Xxxxxxx the employee shall submit a completed written grievance is arbitrableto her supervisor or designate. within ten (1 0) calendar days following the supervisor's decision under the Complaint procedure above, The supervisor or designate shall render decision in writing to the Union Xxxxxxx and the employee within ten (10) calendar days after presentation of the 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 as hereinafter provided. If no written request for arbitration is received within five fourteen (5) 1 4)calendar days from the date of after the decision under Step III above is given, the grievance shall be deemed to have has been settled. 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 provided by the Employer, 's Manager or the Union and the employees. All time limits referred to designate as set out 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 partiesStep above. 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 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is The Union may elect from among the mutual desire 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 parties to this Agreement that names of the complaint committee members and stewards and the effective date of an employee shall be resolved as promptly as possibletheir 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 an 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 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 has no grievance until he has shall first discussed his discuss the 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 occurredsupervisor. Failing settlement, it may be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s decision in employee, 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 alleged xxxxxxx and shall contain a statement of meet in order to try to settle 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 himsaid grievance. Failing settlement, then: Within five (5) the grievance be reduced to writing and presented to the supervisor. The employee shall be entitled to have the assistance of a 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 following 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 under Step I, the employee shall submit the written grievance within working days to the Director of the Programme Department Manager, and shall be accompanied by a xxxxxxx or designate who shall review the grievance and committee member. The Department Managershall render a decision in writing within five (5) working days. Step The grievance may be submitted within 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 Plant Manager to be taken up at a meeting arranged between Management and the xxxxxxx from Union Committee. A representative of the appropriate area to review the grievance within five (5) days of receiving the grievance International Union shall be present at this step. The Executive Director Company shall have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the render its decision of the Executive Director or designate shall be delivered in writing within five (5) working days from thereafter. the date on which the grievance meeting was convened. 9.02 Failing settlement, under the foregoing procedure, of any grievance procedure prescribed by Steps to herein fail to bring about a settlement between the parties arising from with respect to the interpretation, application, administration administration, interpretation or alleged violation of this Agreement, including any questions as to whether the grievance a matter is arbitrable, either xxxxx xxx, within working days after completion of Step notify in the grievance may be submitted other xxxxx of its desire to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from have the date matter referred to a single impartial Arbitrator selected by mutual agreement of the decision under Step III above is givenparties. If, within working days, the grievance Company and the Union fail to agree on an Arbitrator, they shall be deemed to have been settled. 9.03 All agreements reached under request the grievance and arbitration procedure between the representatives Minister of Labour of the Employer and Province of Ontario to nominate one. The decision of the representatives for the Union, shall be final and binding upon on both parties. The fees and expenses of the EmployerArbitrator shall be shared equally by the parties hereto. The parties recognize the arbitration provision under Section of the Ontario Labour Relations Act and that either party may pursue the requirements of that legislation and comply with its provisions as set out in the said Act. It is agreed that a grievance arising directly between the Company and the Union shall be originated under Step Such grievance will be taken up at a meeting between the Management and Union Committee within working days after the filing of the grievance by either party. A reply to such grievance must be given in writing within working days following such meeting. If the grievance is not resolved as a result of this meeting either party may 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 working days through the Union Committee to Management. Such grievance shall be 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 employees. All time limits referred notice to in the grievance procedures employee to punch out and the arbitration procedureactual notice of or discharge of that employee. An arbitrator shall not alter, shall be construed as mandatory and failure to comply with add to, subtract from, modify or amend 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 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 words “working days” Arbitrator shall not include Saturdaysdeduct therefrom any monies earned by the employee from other employment and Unemploy- ment Insurancebenefits receivedby the employee during the period of layoff, Sundays discharge or paid holidays. 9.05 Where suspension and retained by the employee. When a grievance has been filed by 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 Employer shall not discuss date on which the grievance with the grievor without the presence of a Union Xxxxxxx unless the employee requests to speak was first in writing to the Employer without representationCompany. At each step any stage of the grievance procedure, including arbitration, the Employer conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will mail be made to permit the grievance response conferring parties to have access to the homes of the grievor plant lo view disputed operations and the xxxxxxx.to confer with witnesses. ARTICLE

Appears in 1 contract

Samples: Collective Labor Agreement

GRIEVANCE PROCEDURE. 9.01 It is All questions, disputes, and controversies arising under this Agreement, or any supplement hereto, shall be adjusted and settled within the mutual desire of terms and conditions as set forth in this Agreement, in the parties to manner provided by this Agreement that the complaint Article, unless otherwise expressly provided in this Agreement. The procedure for such adjustment and settlement shall be as follows: STEP Any grievance of an employee shall 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 between such employee and the Company supervisor. However, such employee will be entitled to be accompanied by a Shop Xxxxxxx or Union representative. Time limit to institute a grievance: Termination or layoff ten (10) days All others thirty (30) days STEP Failing settlement under Step such grievance shall be taken up between the Company supervisor, and a Shop Xxxxxxx or Local Union representative. Step must be completed within ten calendar days from the completion of Step Failing settlement under Step the grievance shall be taken up in a presentation to a Grievance Board, hereinafter referred to as a grievance within five the "Board", consisting of two (52) working days following advice Union representatives, selected by the Union, and two (2) Company representatives appointed in by an officer of the immediate Supervisor’s decision Company. All members of this Board shall have been duly appointed and so authorized, that any settlement arrived at by this Board on a specific grievance shall be final and binding. Except by written mutual agreement between the Union and the Company providing for an extension of time, Step must be completed within ten (10) calendar days from the completion of Step In all such grievance procedures, the Union representative shall act in the following manner capacity of Chairman of the meetings, and sequence: The employee the Company representative shall submit a written act in the capacity of Recording Secretary. All copies of all minutes shall be signed and dated by both the Union and the Company. STEP Prior to proceeding to arbitration, the grieving party can request and if mutually agreed, that the grievance signed be referred to the Canadian Joint Grievance Panel Inc., established for this purpose by him to his immediate Supervisorthe Employer and the Union. The grievance shall specify grieving party will advise the article or articles other party in of its intention to proceed to The Canadian Joint Grievance Panel Inc. within fourteen (14) days after completion of Step of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief soughtGrievance Procedure. The immediate Supervisor Canadian Joint Grievance Panel Inc. shall submit his answer in writing within five be composed of four (54) working days following persons, two (2) of whom shall be selected by the day on which Employer and two (2) by the grievance was presented Union. In the event that four (4) persons are not available, The Canadian Joint Grievance Panel Inc. shall be composed of two (2) persons, one (1) of whom shall be selected from the Employer and one (1) from the Union, The Employer shall not select a representative from the Company involved nor will the Union select a representative from the Local involved. The Canadian Joint Grievance Panel Inc. shall meet to 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 hear and determine the grievance and render a decision in writing within five (5) working days from after hearing 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 designatematter brought before it. 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 he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlement, the majority decision of The Canadian Joint Grievance Panel Inc. on the Executive Director or designate shall be delivered in writing within five (5) working days from the date on which the disposition of a grievance meeting was convened. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Employerparties and shall have the same effect as a decision rendered by an Arbitrator. Decisions of The Canadian Joint Grievance Panel Inc. shall not be used as precedents. If The Canadian Joint Grievance Panel Inc. is unable to reach a majority decision as outlined in Schedule pursuant to paragraph above, the grieving party may proceed to Schedule of The Canadian Joint Grievance Panel Inc. or an outside Board of Arbitration by informing the other party in writing within fourteen (14) days after The Canadian Joint Grievance Panel Inc. advises the parties that it is unable to reach a majority decision. Should the parties agree to proceed to Schedule of The Canadian Joint Grievance Panel Inc. they may proceed as outlined in the Rules and Procedures of Schedule The Canadian Joint Grievance Panel Inc. shall be governed by the Rules of Procedure and the Conduct of Proceedings established for the Panel, with necessary modifications, as set out in Schedule and Schedule The Parties agree that this Letter of Understanding and Schedule and Schedule do and will form part of the Collective Agreement between the parties and will continue to form part of the Collective Agreement through successive Agreements until mutually changed by the parties. Failing settlement under the above steps, the matter will be referred to an neutral person to act as an Arbitrator, who will meet with the Parties to hear both sides of the case. Failing to agree upon a neutral person, the Department of Labour will be requested to appoint a neutral Arbitrator. The Arbitrator shall be required to hand down his decision within fourteen (14) calendar days following completion of the hearing, and his decision shall be final and binding on the two (2) Parties to the dispute. The cost of the Arbitrator will be borne equally by 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 partiesCompany. 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 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is The Employer and the recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual desire of the understanding. For these reasons, both parties to this Agreement agree 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 when an employee has a complaint he shall complaint, the employee will be encouraged to discuss it the matter with his immediate the employee's Supervisor within five (5) working days as soon as possible after the circumstances giving rise to the complaint have originated or occurred. Failing settlement, it occurs so that a dispute requiring reference to the grievance procedure may be taken up avoided wherever possible. Where an employee feels be aggrieved by the interpretation or application in respect of the employee of a provision statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any ofthe provisions Agreement by the Employer, or, as a result of any occurrence or matter affectingthe employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent ofthe respecting any grievance within five relating to the interpretation or application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (520) working days following advice after the alleged grievance has arisen or the employee became aware of the grievance, the employee may present the employee's grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the employee's immediate Supervisor’s decision supervisor or the person designated by the Employer as the first level in the following manner and sequencegrievance procedure. If the employee receives no reply or does not receive satisfactory settlement within ten working days the date on which the employee presented the employee's grievance to the employee's immediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step STEP TWO: 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 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 Within ten (510) working days following from the expiration of the ten (10) day on which the grievance was presented period referred to him. Failing settlement, then: Within five (5) working days following the decision under in Step IOne, the employee shall submit may present the written employee's grievance in writing at the second level of the grievance process either by personal service or by mailing by registered mail, to the Director employee's immediate supervisor or to the person designated by the Employer as the second level in the grievance procedure. If the employee does not receive a reply or satisfactory settlement of the Programme or designate who shall review employee's grievance from the person designated by the Employer as the second level in the grievance and render a decision in writing process within five ten (510) working days from the date on which the employee presented the employee's grievance is presented at the second level, the employee may proceed to himStep Three. Failing settlement, thenSTEP THREE: Within five ten (510) working days following from the decision under expiration of the ten (10) day period referred to in Step IITwo, the employee shall submit may present the written employee's grievance in writing at the third level of the grievance process either by personal service or by mailing it by registered mail to the Executive Director employee's immediate supervisor or designatethe person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlement proposed by the Employer at levels one and two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The Executive Director or designate will meet with person designated as the grievor and final level shall reply to the xxxxxxx grievance in writing to the employee within (15) working days from the appropriate area to review date the grievance within five (5) days of receiving was presented at the grievance at this stepthird level. The Executive Director shall have such counsel and assistance as he may desire at this meeting as may Should the Union request the presence employee not receive a reply or satisfactory settlement of the Union staff representative. Failing settlement, the decision of the Executive Director or designate shall be delivered in writing employee's grievance within five fifteen (515) working days from the date on which the employee presented the employee's grievance meeting was convened. 9.02 Failing settlementat the final level, under the foregoing procedureemployee may refer the employee's grievance to Adjudication as provided in Article hereof, within fifteen (1 5) working days of any grievance between the parties arising date on which the employee should have received a reply from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 person designated as the case may befinal level. 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.Grievance Procedure:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement that the complaint of an employee shall be resolved as promptly as possibleSection 1. It is mutually understood that the prompt presentation, adjustment, a nd/or answering of grievances is desirable in the interest of sound relations between the employees and the University. The prompt and fair disposition of grievances involves important and equal obligations and responsibilities, both joint and independent, on the part of the representatives of each party to protect and preserve the Grievance Procedure as an orderly means of resolving grievances. Section 2. A grievance is defined as a dispute or disagreement concerning the alleged misapplication of, misinterpretation of, or failure of compliance with specific provision(s) of this Agreement. Any bargaining unit member or the Union may bring a grievance under this procedure. A grievance may be withdrawn by the Union at any time. Step 1. An employee has no shall first present a grievance until he has first discussed his complaint with his immediate Supervisor in writing to the employee's designated supervisor within ten (10) working days of the event upon which the grievance is based in order to achieve a resolution. The grievant may be accompanied by a Union representative at this Step 1 meeting. The designated supervisor shall respond electronically to the employee and afforded him an opportunity to endeavour to adjust his complaintthe Union within ten (10) working days of the date of the Step 1 meeting. If an a resolution is reached, the parties shall sign a statement indicating a settlement of the grievance. A resolution of a grievance at Step 1 shall not be precedent setting. The Department of Human Resources, the employee's Department Head or other appropriate administrator, and the Union shall be notified of any Step 1 meeting and any subsequent adjustment by the designated supervisor if a Human Resources or Union representative was not present at the meeting. Such adjustments shall not be inconsistent with the terms of this Agreement. If the matter cannot be resolved through the Step 1 meeting process, the employee has who wishes to pursue the grievance further shall follow the steps below. Step 2. If the grievance is not satisfactorily settled in Step 1, the grievant and/or the Union may file a complaint he shall discuss it written appeal with his immediate Supervisor the University's AVP Human Resources or designee within five ten (510) working days after receipt of the circumstances giving rise to Step 1 response. The Vice President or designee shall schedule a meeting with the complaint have originated grievant, the employee's Department Head or occurred. Failing settlementother appropriate administrator, it may be taken up as and/or a grievance Union representative within five ten (510) working days following advice after receipt of the immediate Supervisor’s decision in the following manner and sequence: appeal. The employee Vice President or designee shall submit issue 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 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 settlementdecision, then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance sent electronically to the Director of the Programme or designate who shall review the grievance and render a decision in writing grievant within five ten (510) working days from the date on which that the meeting was held. A copy of said response shall be sent to the Union representative. Step 3. If the grievance is presented to him. Failing settlement, then: Within five (5) working days following the decision under not satisfactorily settled in 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Employer2, the Union and may submit the employees. All time limits referred matter to arbitration by so notifying the AVP Human Resources or designee in writing electronically within thirty (30) calendar days after the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment issuance 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 partiesStep 2 response. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire 20.8.1 Union policy grievances shall commence at Step 2 of the parties grievance procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement Agreement, or when an Owner Operator claims 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 been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from 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 settlementsupervisor, it may be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s decision dealt with in the following manner manner: 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 sequence: The employee shall submit a written grievance signed by him he is unable to obtain satisfactory explanation directly from his immediate Supervisorsupervisor, 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 shall specify the article or articles must include all of the Collective Agreement of which a violation is alleged and shall contain a statement details 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 cause of the Programme or designate who shall review the grievance and grievance. Such local manager will render a decision in writing writing, outlining the reasons for the decision, within five (5) working 14 calendar days from following receipt of the date on which written grievance. STEP 2 If the non-disciplinary grievance is 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 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 presented to him. Failing settlementnot settled at Step 3, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance it may then be referred by either party to the Executive Director or designateCanadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The Executive Director or designate will meet with party requesting arbitration must notify 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 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 other party in writing within five (5) working 28 calendar days from following receipt of the decision in Step 3, or the due date on which the grievance meeting was convenedof such decision if not received. 9.02 Failing settlement, under the foregoing procedure, of any grievance between 20.8.2 Upon mutual agreement the parties arising from 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 interpretationCompany, applicationthe Union, administration and the Owner Operator(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 questions as decision incompatible with the provisions of this Agreement, nor to whether consider any matter not pertaining to the present Agreement. 20.8.4 When a grievance is arbitrablenot 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 submitted progressed to arbitration the next step within the prescribed time limits based on the last date such a decision was due, except as hereinafter providedotherwise provided in Clause 9.4. If no written request for arbitration is received In the event the Company fails to respond to a grievance within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 Employerprescribed time limits, the Union and the employees. All time limits referred to in may process the grievance from that point onward in accordance with the 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 herein except that the time limits established in this respect of that grievance procedure. However, any such agreement from that point onward shall be in writing and acknowledged directory. 20.8.5 When a grievance based on a claim for unpaid wages is not progressed by the partiesUnion 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 the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. 9.04 For the purposes of this Agreement, the words “working days” shall not include Saturdays, Sundays or paid holidays20.8.6 The time limits specified herein may be extended by mutual agreement. 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 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 It Section 1. Should any employee or group of employees feel aggrieved concerning his or their wages, hours, or conditions of employment, which wages, hours and conditions are controlled by this contract, or which are provided for in any Statute, Charter Provision, Ordinance, Rule, Regulation, or Policy which is the mutual desire not in conflict with this contract, or concerning any matter or condition arising out of the parties employee-employer relationship, including any claim of unjust discrimination or any matter or condition affecting his or their health and safety, adjustment shall be sought as follows: Step 1. If in the judgment of the Grievance Committee of the Union said grievance has merit, the Union shall submit such grievance in writing to this Agreement the Chief of the Fire Department, setting forth the nature of the grievance, within twenty (20) calendar days of the date that the complaint employee or the Union knew or reasonably should have known 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 event or action giving rise to the complaint have originated or occurredgrievance. Failing settlementWithin ten (10) calendar days after said Chief receives such grievance, 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 he shall submit a written grievance signed by him arrange to his immediate Supervisor. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days 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 representatives of the xxxxxxx from Union, for the appropriate area purpose of adjusting or resolving such grievance. B. Step 2. If such grievance is not resolved to review the grievance satisfaction of the Union by the Chief within five (5) days of receiving the grievance at this step. The Executive Director shall have after such counsel and assistance as he may desire at this meeting as may a meeting, the Union request the presence of the Union staff representative. Failing settlement, the decision of the Executive Director or designate shall be delivered may present such grievance in writing within five seven (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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (57) days from thereafter to the date of the decision under Step III above is givenMayor. Within seven (7) days after said Mayor receives such a grievance, the grievance he or his designee shall be deemed arrange to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between meet with the representatives of the Employer and the representatives Union for the Unionpurpose of adjusting or resolving such grievance. C. Step 3. If such grievance is not resolved to the satisfaction of the Union by the Mayor or his designee within seven (7) days after such meeting, the Union may, no later than ten (10) days thereafter, submit such dispute to arbitration by the Connecticut State Board of Mediation and Arbitration. Said Arbitration Board shall hear the dispute in accordance with its rules and render a decision which shall be final and binding upon the Employer, the Union and the employeeson all parties. All time limits referred to Nothing contained herein shall prevent any employee from representing himself in the grievance procedures first 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 second step of the grievance procedure. The Union shall be the exclusive representative for filing for arbitration. Section 2. Failure to process a grievance within the time limits established under Section 1 of this Article, conclusively presumes that it has been satisfactorily resolved at the Employer will mail last step to which it had been properly processed. Failure on the grievance response to the homes part of the grievor City's representative to act on a grievance within the time limits, established under Section 1 of the Article, conclusively presumes that such grievance is sustained and that the xxxxxxxsatisfaction requested will be provided. The above set-forth time limits may be extended by either party, and such time limits may be further extended by agreement of both parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is the mutual desire of the parties to this Agreement that the complaint complaints of an employee shall be resolved employeesbe adjusted as promptly as possible. It is understood that an employee has no grievance until he has first discussed his complaint with given his immediate Supervisor and afforded him supervisor an opportunity to endeavour to adjust his complaint. If an An employee has a complaint he shall discuss it his complaint, within eight (8) days of the alleged occurrence, directly with his immediate Supervisor 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) working days after present the circumstances giving rise grievance to the complaint Department Head or his designate who shall have originated or occurred. Failing settlement, it may be taken up as a grievance within five (5) working days following advice 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 immediate Supervisor’s 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 following manner and sequence: The employee case of a Corporation grievance, 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 alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer be given in writing within five (5) working days following 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 on which after the grievance was presented 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 himArbitration 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. Failing settlement, then: Within five (5) working days following the decision under Step Iafter receipt of such notice, the employee other party shall submit name an Arbitrator. The Arbitrators representing the written grievance two (2) parties shall meet as soon as possible and will attempt to the Director agree upon a Chairman of the Programme or designate who shall review the grievance Arbitration Board 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 failing such agreement within five (5) days of receiving the grievance at this step. The Executive Director shall after they have such counsel and assistance as he may desire at this meeting as may the Union request the presence of the Union staff representative. Failing settlementfirst met, the decision of the Executive Director or designate shall be delivered in writing either party may, within five (5) working days from request the date on which Ministry of Labour for the grievance meeting was convened. 9.02 Failing settlementProvince of Ontario, under the foregoing procedureto name such Chairman. Notwithstanding this article, of any grievance between the parties arising from 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 question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, including any questions as within fifteen (15) days of its receipt, give written notice to whether the grievance other party objecting that the matter is arbitrablenot arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such case, the grievance may be submitted Arbitration Board shall endeavour to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from decide that question before dealing with the date of matter on the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 proceduremerits. However, any such agreement decision shall not be permitted to delay the proceedings so that a further sitting is required. In such case, the Arbitration Board shall reserve judgement on the question or and proceed with the matter on the merits. The Board in writing its award shall first deal with the question of and acknowledged by if it is decided that the parties. 9.04 For matter does not involve an interpretation, application, administration or alleged violation of the purposes of this Agreement, then the words “working days” Arbitration Board shall not include Saturdays, Sundays consider the matter further and the decision of the Corporation or paid holidays. 9.05 Where a grievance has been filed by an employee the Employer shall not discuss Union Grievance Committee in the grievance with the grievor without the presence case of a Union Xxxxxxx unless the employee requests to speak to the Employer without representation. At each step of the grievance procedureCorporation Grievance, the Employer will mail the grievance response to the homes of the grievor and the xxxxxxxshall stand.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It This Agreement sets forth the basic terms and conditions of employment, (and is intended to continue the mutual desire present good relations) between the 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 parties grievant and/or MBU grieving, shall submit the grievance to the MBU’s identified manager within ten (10) calendar days after the occurrence first giving rise to the grievance. The written 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 clarification and resolution and/or to give a written answer to the written grievance within ten (10) calendar days 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 Agreement that meeting at the complaint request of an employee 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 resolved 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 promptly soon as possiblecan be mutually scheduled, but (subject to FMCS Mediator availability) no later than thirty (30) days after such referral. It Any discussions or communications that occur between the parties during such mediation shall be 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 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 not reached at mediation, the PSSA may, within five ten (510) working days after the circumstances giving rise to mediation’s closure (or, if mediation waived by the complaint have originated or occurred. Failing settlementparties, it may be taken up as a grievance within five ten (510) 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 date of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing Step 2 decision’s issuance, or within five ten (510) 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 that disposition should have been rendered, whichever 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrablesooner), the grievance may be submitted by the PSSA to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from before an impartial arbitrator under the date rules of the decision under Step III above is givenAmerican Arbitration Association. Subject to those limitations stated herein, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Union, appointed arbitrator’s decision shall be final and binding upon both parties. The arbitrator shall be selected pursuant to the Employer, rules and procedures of the Union and the employees. All time limits referred to in the grievance procedures and American Arbitration Association whose rules shall likewise govern the arbitration procedure. The arbitrator shall not add to, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment of the grievance subtract from, change or denial of the grievance as the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend disregard any of the time limits established in terms or provisions of this grievance procedureAgreement. However, any such agreement The fees and other charges of the arbitrator shall be in writing and acknowledged by equally divided between 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 1 contract

Samples: Professional Services

GRIEVANCE PROCEDURE. 9.01 .01 It is the mutual desire of the parties to this Agreement Parties hereto that the complaint grievances of an employee employees shall be resolved dealt with as promptly speedily and effectively as possible. possible in accordance with the procedure outlined below. .02 It is generally understood that an employee has no grievance until he has having a complaint shall first discussed his complaint with his immediate give the employee's Supervisor and afforded him an opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The Supervisor shall be afforded a period of up to endeavour to adjust his complaint. If an employee has a complaint he shall discuss it with his immediate Supervisor within five two (52) working days after days, following notification of the circumstances giving rise employee’s complaint, in order to address the complaint in question, prior to the complaint have originated or occurred. Failing settlement, it may be taken up as filing of 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 formal grievance. .03 A written grievance signed by him to his immediate Supervisor. The grievance shall shall: specify the article Article or articles Articles and subsections of the Collective Agreement of which a violation is alleged and shall alleged; contain a statement of the facts relied upon and 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. The immediate Supervisor Employee grievances shall submit his answer be settled in the following manner and all time limits specified in this Article shall be mandatory and may only be extended by mutual consent of the Parties: STEP 1 A grievance must be submitted 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 by a decision in writing Committeeperson within five (5) working days from the date on which occurrence, or from the employee’s knowledge of the occurrence giving rise to the grievance. The grievance is presented shall be submitted to himthe Supervisor in question. Failing settlementThe Supervisor shall give his answer, then: Within in writing, to the Committeeperson not later than five (5) working days following after the decision under Step II, the employee shall submit the written grievance was first submitted to the Executive Director or designate. The Executive Director or designate will meet with Supervisor. STEP 2 If the grievor and the xxxxxxx from the appropriate area Supervisor fails to review give his answer to the grievance within the time limits set forth in Step 1, or if the answer is unsatisfactory, the Committeeperson may, within a period of five (5) days of receiving working days, refer the grievance at this step. The Executive Director shall have such counsel and assistance as he may desire at this to a Step 2 meeting as may the Union request the presence of the Union staff representative. Failing settlementPlant Committee and the Plant Manager or his designee, the decision of the Executive Director or designate which meeting shall be delivered in writing held within a period of five (5) working days from the date on which of the grievance meeting was convened. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 employeessuch meeting. 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.An authorized staff representative

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 9.01 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 may arise out of 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 that involving questions of fact, such matters shall be handled as per the following process: Step 1 The griever shall first discuss the complaint with their supervisor, either individually or together with a Union Representative, within fourteen (14) calendar days of an employee shall be resolved as promptly as possiblethe alleged violation causing the complaint having taken place. It is understood that an employee The supervisor has no grievance until he has first discussed his fourteen (14) calendar days of having the complaint with his immediate Supervisor referred to them to address the complaint. Step 2 In the case where the griever and afforded him an opportunity the supervisor are unable to endeavour come to adjust his complaint. If an employee has a satisfactory solution the griever may, within seven (7) calendar days of the end of step 1, present the 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 Superintendent as a grievance within five (5) working days following advice with the meaning of the immediate Supervisor’s Agreement. Such presentation of the 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 come to a satisfactory solution, the griever, with a member of the Union Executive, may submit the grievance in writing to the Operations Manager within seven (7) calendar days 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 Operations Manager shall render a decision in writing to the Union Executive within fourteen (14) calendar days. Step 4 If the grievance is still not settled to the satisfaction of either the Union Executive or the Company after following the foregoing procedure, then either party may, within sixty (60) calendar days of the date of the Operations Manager's written decision, request that the matter be submitted to non-binding mediation and/or arbitration by the following manner and sequence: The employee shall submit procedures: i. If both parties agree to proceed with non-binding mediation, a written grievance signed mediator will be selected acceptable to both parties. Expenses will be borne equally by him to his immediate Supervisorthe parties. The grievance shall specify deadline for submitting the article or articles matter to arbitration will be extended to within sixty (60) calendar days of the Collective Agreement cessation 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 the matter is submitted to arbitration, the 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 a violation is alleged and shall contain a statement be borne equally, shall hear both sides 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 matter 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 accordance 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Union, which shall be final and binding upon on both parties. Should the Employertwo (2) arbitrators fail to agree 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 Union and Alberta Minister of Labour to submit the employees. All time limits referred to in the grievance procedures and the arbitration procedurenames of three (3) impartial persons, one (1) of whom shall be construed chosen by the process of elimination as mandatory and failure to comply with any time limits shall be deemed abandonment the third (3rd) member of the grievance board. 2. The Company agrees there will be no discipline, suspension or denial discharge 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 employees covered by this grievance procedure. However, any such agreement shall be in writing and acknowledged by the partiesAgreement without Just Cause. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is The grievance procedure shall be as follows: Step 1. An employee claiming a violation concerning the mutual desire interpretation or application of his Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Supervisor will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the parties to this grievance, the facts on which it is based, the provision or provisions of the Agreement that allegedly violated, and the complaint of an employee remedy requested and 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 appealed to endeavour to adjust his complaint. If an employee has a complaint he shall discuss it with his immediate Supervisor Step 2 within five ten (510) working calendar days after the circumstances giving rise Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the complaint have originated or occurredUnion within ten (10) calendar days shall be considered waived. Step 2. Failing settlementIf appealed, 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 shall be presented by him to his immediate Supervisorthe Union and discussed with the Sheriff. The grievance Sheriff shall specify give the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his Union an answer in writing within five ten (510) working calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the day on which Sheriff’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance was shall be presented by the Union and discussed with the Board of Commissioners. The Board of Commissioners shall give the Union an answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to him. Failing settlement, then: Within five Step 4 within ten (510) working calendar days following the decision under Board of Commissioners final Step I, the employee shall submit the written 3 answer. Any grievance to the Director of the Programme or designate who shall review the grievance and render a decision not appealed in writing to Step 4 by the UNION within five ten (510) working calendar 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 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 convenedconsidered waived. 9.02 Failing settlement, under the foregoing procedure, of any Step 4. A grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as unresolved in Step 3 and appealed to whether the grievance is arbitrable, the grievance may Step 4 shall be submitted to arbitration as hereinafter providedarbitration. If no written request for arbitration is received within five (5) days from the date The selection of the decision under Step III above is given, the grievance an arbitrator shall be deemed to have been settled. 9.03 All agreements reached under made in accordance with 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 Rules established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the partiesBureau of Mediation Services. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It is 13.1 If any disagreement or dispute arises between the mutual desire parties as to meaning, interpretation or application of the parties terms of this agreement, or as to the rights of either party under this Agreement that agreement, the complaint of an employee matter shall be resolved handled in the simplest and most direct manner and, unless the procedure or any part thereof is waived by mutual consent, the matter shall be taken up immediately as follows. The employer will grant a necessary and reasonable amount of time off during working hours to the union representative for the investigation and presentation of the grievance. Step 1: The employee, with or without a Union representative, shall discuss the grievance with his/her immediate supervisor 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 , but not later than fourteen (514) working calendar days after the circumstances giving rise to alleged contract violation. In no case shall the complaint have originated or occurred. Failing settlement, it may be taken up as selection of a grievance within five (5) working days following advice xxxxxxx result in undue delay of the immediate meeting. If no mutually satisfactory solution is found within fourteen (14) calendar days after the meeting between the Employee and the Supervisor’s decision in , and the following manner Employee and sequence: The employee shall submit the Union desire to pursue the grievance, 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 alleged and shall contain a statement of the facts relied upon and indicate grievance shall be filed with the relief soughtHealth Center within fourteen (14) calendar days of such meeting. The immediate Supervisor written statement of the grievance shall submit his answer be sent by certified mail, return receipt requested, or personal delivery. Step 2: When the grievance is submitted in writing as provided in Step 1 above, a meeting between the Union and an authorized representative of the Health Center will be held within fourteen (14) calendar days of the receipt by the Health Center of the written grievance. Within fourteen (14) calendar days after the conclusion of this meeting the Health Center will provide its written decision to the Union. Step 3: If no mutually satisfactory solution is reached in Step 2 as provided above, the Union shall notify the Health Center in writing within five fourteen (514) working calendar days following after receipt of the day on which Health Center's Step 2 answer of its desire to proceed to Step 3. Within fourteen (14) calendar days after the Health Center receives the notice of the Union's desire to proceed to Step 3 a meeting will be held between the Union representative and the Administrator of the Health Center or his/her representatives. Within fourteen (14) calendar days after the conclusion of this meeting, the Health Center will provide its written decision to the Union, unless the time is extended by mutual agreement. If the matter has not been satisfactorily disposed of in this step, then either party may demand arbitration of 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 by giving written grievance notice to the Director other party within the next fourteen (14) calendar days. The arbitrator shall be selected from a list of eleven (11) neutral arbitrators to be submitted to the Programme or designate who shall review parties by the Bureau of Mediation Services (BMS). For any arbitration of a grievance and render a decision in writing under this Agreement an arbitrator must be selected within five (5) working 90 days from of 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 a timely 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 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 arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request demand for arbitration is received by the other party, and must be heard by the arbitrator within five (5) 180 days from of such date; provided however that if the arbitrator does not have available dates within such time the parties will agree on a hearing date of the decision under Step III above arbitrator has available that is givenreasonably close in time to such deadline; and if there has been no arbitration hearing by such deadline or its reasonable extension per the condition in the foregoing phrase, the grievance will be considered denied and no arbitrator shall be deemed have any power or authority to have been settled. 9.03 All agreements reached under hear the grievance and arbitration procedure between the representatives or to make any award on that grievance thereafter except by mutual written agreement 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 Employer 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 partiesdeadline. 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 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 9.01 It Purpose: Lake Pend Oreille School District No. 84 is a large and diverse school system. We can and do expect misunderstandings and misinterpretations to arise from time to time. We believe that each employee needs to have a means to have his/her concerns and feelings heard within the mutual desire of organization. Our success depends upon each employee performing his/her duties and responsibilities in such a manner as to exceed minimum requirements for the parties to this Agreement that the complaint of an employee shall be resolved as promptly as possibleposition. 1. 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 When an employee has a complaint he conflict or disagreement about the interpretation or application of Board Policy/Procedure, the Negotiated Agreement, or other matters of concern, the employee should request a meeting with his/her immediate supervisor. The employee may invite a third party to this meeting. 2. If the matter is not resolved at that meeting, the employee should contact the Superintendent and/or LPOEA President for assistance with the issue. If the matter is not resolved for the employee at this level the matter will be given to an informal review panel. 3. The informal panel shall discuss it with his immediate Supervisor within five (5) working days after be composed of a principal/supervisor from a different building, a representative of the circumstances giving rise to LPOEA, and a teacher from either the complaint have originated same building or occurreda like grade level. Failing settlement, it If the matter is not resolved at this level then an official grievance 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 Supervisorfiled. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days following the day on which the grievance was presented to him. Failing settlement, then: Within five (5) working workdays, the panel shall establish a hearing date. At the hearing, all evidence either party wishes to present shall be heard. Said hearing date may be continued by the panel if the employee requests a continuance in writing prior to the said hearing date. The panel shall submit its recommendation in writing within ten (10) work days following completion of the decision under Step I, review of the employee shall submit the written grievance to the Director employee, his/her advocate, the Superintendent and the Board of Trustees. The panel may extend the time of the Programme or designate who grievance review decision up to fifteen (15) additional workdays if the parties are notified in writing. The Board shall review the grievance and render a final decision in writing within five ten (510) working days from workdays after receiving 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 designatepanel’s recommendation. 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 he grievant 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 convenedalso submit written materials for final Board review. 9.02 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 questions as to whether the grievance is arbitrable, the grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the date of the decision under Step III above is given, the grievance shall be deemed to have been settled. 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 1 contract

Samples: Negotiated Agreement

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