Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A When a disagreement arises between Management and Staff over disciplinary actions, wages, hours, and working conditions, a grievance is defined as any dispute involving may be filed. STEP 1. The station ▇▇▇▇▇▇▇(s) and the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party WBAI employer representative shall discuss the complaint grievance orally. The aggrieved worker(s) shall be present unless circumstances prevent his/her/their participation. If the matter is not satisfactorily settled within ten days, or within an extended period of time mutually agreed upon in writing, it shall be referred to STEP 2. STEP 2. The grievance shall be submitted in writing by a designated Union Committee or a Union-designated representative to the Employer. Within ten days, the Employer shall submit a written answer to the grievance. The Union-designated representatives and the employer representative shall meet within ten days of the time said answer is submitted by the Employer. Special meetings at STEP 2 on a matter deemed to be of great importance or urgency by the Union officers and/or ▇▇▇▇▇▇▇(s) shall be held within one day after a request by the Union. STEP 3. All grievances not settled by STEP 2 shall be submitted to a Grievance Review Committee, consisting of one representative chosen by Management, one member chosen by the Union, and a third party agreed upon by the Union and Management. The Grievance Review Committee will usually consist of three people, but if either side requests an expansion, both Management and the Union may select two representatives each to serve on the Committee with the Division Superintendent mutually agreed upon fifth party. This committee will render a decision binding on both parties within two weeks of its first meeting. The Grievance Review Committee shall not have the power to amend, abrogate, modify, or delete any of the Superintendent's designeeterms of this Collective Bargaining Agreement. Within three (3) additional working days Retroactivity, if any, shall be decided by the division head Committee. SECTION X NONDISCRIMINATION Neither Employer nor the Union shall engage in or tolerate discrimination based on race, religion, creed, age, disability, sex, sexual orientation, national origin, Union activities, or political beliefs. Employer and Union will reply make every effort to bring the ethnic and sexual composition of the Paid and Unpaid Staff as closely as possible in line with the ethnic and sexual composition of the signal area of WBAI. Special care shall be taken to train and promote those who, by reason of race, sex, or sexual orientation have experienced discrimination in the past. SECTION XI NO STRIKE BREAKING No worker will be required to pass a legitimate picket line as defined by UE Local 404 or be assigned, transferred, or required to go to any radio station, transmitter, or studio at which a strike is in progress, or to originate, duplicate, or transmit by any means, a program or programs especially for such a station. No worker will be required to broadcast or process in any way any program or program material produced at any facility while a strike is in progress at that facility. The provisions of this Section will be enforceable only to the complaintextent that they are compatible with existing law. The employee may have his Union representative present.STRIKE SANCTION: Employer will be given 24 hours notice in writing of an impending strike. Employer will be immediately notified of application for strike sanction in writing. SECTION XII HIRING Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within A. Definition of Terms (see SECTION VIII--DEFINITIONS OF STAFF) B. Within ten (10) additional working daysdays of an employee giving notice or Management giving notice of discharge, if Management decides that the job will be submitted in writingfilled, through the job must be posted. The posting shall be up for four weeks for permanent positions, and two weeks for interim and temporary, unless the Union and Management agree to the Director of Public Worksa waiver. The written grievance hiring process may be extended by Employer if no suitable applicant is found. The Union shall set forth have a bulletin board in the nature of the grievancestation where such notice shall be posted. All job postings will be dated, the facts on which it is based, the provisions of the Agreement allegedly violatedand copies for all Shop Stewards and Union Officers will be placed in a designated Union mailbox, and the relief requestedmailbox of each Shop ▇▇▇▇▇▇▇ and Union Officer located at the station. For the purpose of advising the Employer of the qualifications and suitability of prospective permanent and interim employees, Employer shall convene a committee called the Applicant Review Committee. This committee shall consist of the Manager or her/his designated representative, the director or coordinator of area in which the applicant's position exists, Paid Staff member of the area if applicable, an Unpaid Staff person from the same area, and a non-voting Affirmative Action Officer. Selection for each of the representative positions on the Applicant Review Committee shall be made by those whose position is to be represented within fourteen days of Manager's request, unless both parties agree to an extension. If no selection is made within the appointed time, Management may appoint the members of the Applicant Review Committee. The Director final decision on hiring is the responsibility of Public Works shall have seven (7) working days to respond to the grievance in writingGeneral Manager. Step 3: If C. The Applicant Review Committee shall schedule and conduct interviews (either in person or telephonically) with job applicants and no permanent employee shall be hired until an interview by the grievance is not settled satisfactorily at Step 2Applicant Review Committee has been completed, the grievance may, within seven (7) additional working days, be and a recommendation submitted in writing to the Mayor orManager, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination completed within ten (10) working three days after the entire panel has been designatedinterview. Decisions If for some reason, the Director or coordinator of area in which the applicant's position exists, Paid Staff person, or the Unpaid Staff person cannot participate in the Committee, these individuals can be drawn from the nearest relevant department. D. The Affirmative Action Officer shall be determined when jointly appointed by both Management and Union, report to both, and shall serve at the pleasure of both for a majority of the panel (3) favors a given solutionone-year term. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each sideAffirmative Action Officer will insure that affirmative action guidelines are followed in all hires. In the event case of interim jobs of a deadlock foreseeable and recurring nature, an Applicant Review Committee shall be constituted and meet at least once to consider applicants and make a recommendation to Employer. The Employer shall post written notice of each hire, and will notify all unsuccessful candidates as soon as possible after the position has been filled. E. Transfers: Management shall make no lateral transfers of Paid Staff from one department or position to another without the consent of the grievance panelperson being transferred, following consultation with the Chief ▇▇▇▇▇▇▇ and subject to the grievance advances procedure. F. It is the continuing policy of Management that the provisions of this agreement shall be applied to Step 5all qualified employees and that such persons shall be given equal employment opportunity, in accordance with existing State and Federal laws, without regard to race, color, religious creed, national origin, sex, sexual preference, age, veteran status, or mental or physical handicap as defined by law. Without limitation of the foregoing, it is the ongoing policy of Management to take positive action to assure compliance with all applicable State, Federal or Municipal laws in the area of equal employment opportunity and to support and apply Pacifica Foundation s and WBAI s programs of affirmative action for the employment and advancement of qualified females, minorities, disabled persons, disabled veterans and veterans of the Vietnam era.

Appears in 3 contracts

Sources: Union Contract, Labor Contract, Union Contract

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving ‌ 28.01 For the purpose of the Articles and this Collective Agreement, the term "grievance" means all differences of opinion concerning the interpretation, application application, administration or alleged violation of a provision of this Agreement. Grievances the Collective Agreement as well as any disagreement concerning working conditions or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) directly relating to working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentconditions. Step 2: If I Meeting with the Inflight Service Manager at the Cabin Attendant's home base. Meeting with the Inflight Service Vice-President. 28.02 Grievances under this Article may be initiated by any Cabin Attendant, or group of Cabin Personnel, who consider themselves aggrieved, or by the Union, provided such grievance is not settled satisfactorily at Step 1be filed within a period of 60 days after the griever(s) would reasonably have knowledge of the incident giving rise to the grievance. Moreover, the Cabin Attendant subject to disciplinary action or discharge who feels unfairly treated may lodge a grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to within 15 days of receiving the Director of Public Works. The written Company's decision, excluding Saturday, Sunday and statutory holidays. 28.03 A hearing will be held by the Company within 15 days after the grievance shall set forth the nature has been received (Step I). 28.03.01 A decision must be rendered within 15 days of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violatedhearing, and the relief requestedparties concerned, including for the Union, the Griever(s), the President(s) of the appropriate locals and the Component President, must be given written notification thereof. The Director Should there be no reply within the above time limits or if the Union disagrees with the decision, it may appeal at Step II of Public Works shall the procedure within 15 days of either of the above- mentioned eventualities. 28.04 Time limits will be exclusive of Saturdays, Sundays and statutory holidays and may be extended by mutual written agreement. 28.05 Any decision not appealed within the relevant time limits will be final and binding on the parties concerned. 28.06 All Cabin Personnel witnesses called by the Union will be granted the time off needed, subject to the requirements of the operation, in order to make their deposition, and will be provided transportation if space available to and from the hearing. 28.07 After receiving notice from the Union to lodge the grievance at Step II, the Company will have seven (7) working 15 days to respond hold a hearing, and 15 days after that to inform the grievance in writingUnion of its final decision. Step 3: 28.08 If the grievance no satisfactory settlement is not settled satisfactorily obtained at Step 2II, the grievance mayUnion may initiate the arbitration procedure, in accordance with Article 30, within seven (7) additional working days, 60 days of receiving the Company's decision. 28.09 The employee will be submitted released to attend meetings referred to in writing to this Article at the Mayor request of the Company and will receive 4 pay for each meeting/hearing with the Company or, his/her designeewhere released from a flight, and the Human Resources Department. The scheduled flight time credits for the flight. 28.10 At the written materials shall include the nature request of the grievanceUnion or the Company, the facts on which it is based, provisions other party will make available copies of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days any documents relevant to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination Company shall send a copy of all relevant documents within ten (10) working 10 business days after following the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5request.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A 6.01 The parties to this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 6.02 No grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in considered (i) which takes over or displaces the following manner:function of management, or Step 1: Within three (3ii) working days after its occurrence, where the aggrieved party shall discuss the complaint with the Division Superintendent circumstances giving rise to it occurred or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within originated more than ten (10) additional full working days, be submitted days before the filing of the grievance, (iii) unless the Employee has first given their immediate supervisor an opportunity to adjust their complaint. 6.03 Failing a satisfactory resolution as outlined in writing, through 6.02 (iii) the Union shall submit a written grievance to the Director of Public Works. The written grievance shall set forth the nature of the grievanceLabour Relations, the facts on which it is basedor their designate, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after of an issue being identified. The Director of Employee and Labour Relations, or their designate shall, where practicable, meet with the entire panel has been designated. Decisions shall be determined when a majority Grievance Committee, the grievor, and the ▇▇▇▇▇▇▇ if necessary, within fifteen (15) working days of the panel (3) favors a given solutionreceipt of the grievance. The decision Director of Employee and Labour Relations, or their designate will issue a response in writing to the Chairperson of the panel shall be immediately forwarded to Grievance Committee within ten (10) working days of the Mayor and the Union and shall be binding on each sideabove meeting. In the event the Director of Labour Relations, or their designate, denies the grievance, they shall state the reasons in writing. 6.04 Where a deadlock satisfactory settlement of the grievance panelmatter in dispute is not reached, the said matter may be referred to Arbitration under the provisions of Article 7 within thirty (30) calendar days of the receipt of the Director of Employee and Labour Relations, or their designates, response. By agreement of the parties unresolved grievances may be referred to mediation. The mediator shall be selected by mutual agreement of the parties and expenses shall be shared equally. 6.05 The City (HSR) and the Union agree to abide by the terms of the Ontario Human Rights Code. Any hourly/salary-rated Employee who may consider that they have been discriminated against or harassed by any member of the supervisory staff shall discuss the case with a member of the Grievance committee within two (2) working days of the occurrence, giving rise to same. If the committeeman consulted does not feel that the matter has been settled to the satisfaction of all concerned, grievance advances to proceedings may be instituted by either the aggrieved party or the Grievance Committee of the Local 107, commencing at Step 5.2 within six

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A ‌ To promote better City – Association relations, both parties pledge their immediate cooperation to settle any grievance is defined as any dispute involving or complaint that might arise out of the interpretationapplication of this Contract, application or alleged violation at the lowest level possible and the following procedure shall be the sole procedure to be utilized for that purpose. Any settlement of a grievance under this Article, which would alter or amend the terms of this agreement or any side bar or memorandum of understanding, shall not be binding on either party unless the settlement, or memorandum of agreement or side bar agreement, is approved in writing by the president of the Association and the Director of the Bureau of Human Resources. The time limits prescribed in these provisions may be extended by a written mutual agreement between the City and Association. Days as used in this Article shall refer to work days, exclusive of Saturday, Sunday and designated holidays. Step I. The Association or any commanding officer claiming a breach of any specific provision of this Agreement. Grievances or disputes which Contract may arise shall be settled in refer the following manner: Step 1: Within three (3) working days after its occurrencematter, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through with or without the Union Association, to the Director Chief of Public WorksPolice. The written grievance grievant, or Association representative, shall set forth state the nature of the grievance, the facts on which it is based, the provisions section of the Agreement Contract allegedly violated, violated and the relief remedy requested. This grievance shall be presented within twenty (20) days from the date thereof. The Director of Public Works Chief shall have seven twenty (720) working days in which to respond reply. The response shall be in writing and made to the grievance in writinggrievant and the Association. Step 3: If II. If, after twenty (20) days from the date of the submission of the grievance is not settled satisfactorily at Step 2to the Chief, or from the date of the reply, the grievance maystill remains unadjusted, within seven (7) additional working days, be submitted in writing the Association may present the grievance to the Mayor or, his/her designee, and Commissioner- in-Charge. A copy of the grievance shall be sent simultaneously to the Bureau of Human Resources DepartmentResources. The written materials shall include the nature Within one week of receipt of the grievance, the facts on which it is based, provisions Commissioner-in-Charge shall either retain jurisdiction of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting grievance at this level or will be heldrefer jurisdiction of the grievance to the Bureau of Human Resources for resolution. Step 4: III. The Commissioner-in-Charge or the Bureau of Human Resources shall have twenty (20) days in which to reply. If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.been

Appears in 3 contracts

Sources: Labor Agreement, Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. A 19.1 This CWA is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages. 19.2 The Contractors, Unions, and the employees, collectively and individually, realize the importance to all Parties to maintain continuous and uninterrupted performance of the work of the Project, and agree to resolve disputes in accordance with the grievance is defined as any arbitration provisions set forth in this Article. 19.3 Any question or dispute involving arising out of and during the interpretation, application or alleged violation of a provision term of this Agreement. Grievances or disputes which may arise CWA (other than trade jurisdictional disputes) shall be settled in considered a grievance and subject to resolution under the following mannersteps: (A) Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply When any employee subject to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violatedthis CWA feels they have been aggrieved by a violation of this CWA, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2through their local Union business representative or job ▇▇▇▇▇▇▇, the grievance mayshall, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority receiving notice of the panel occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local Union or the job ▇▇▇▇▇▇▇ and the work- site representative of the involved Contractor shall meet and endeavor to adjust the matter within three (3) favors working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a given solutionshort description thereof, the date on which the grievance occurred, and the provision(s) of the CWA alleged to have been violated. Should the Local Union(s) or any Contractor(s) have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint. (B) Step 2. The International Union Representative or designee and the involved Contractor(s) shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) working days thereafter. (C) Step 3. If the grievance has been submitted but not adjusted under Step 2, either Party may request in writing, within seven (7) working days thereafter that the grievance be submitted to the mutually agreed upon Arbitrator. The decision of the panel Arbitrator shall be immediately forwarded final and binding on all Parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor(s) and the involved Local Union(s). Failure of the grieving party to adhere to the Mayor time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the Union parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented, and shall be binding on each side. In the event of a deadlock not have authority to change, amend, add to or detract from any of the grievance panelprovisions of this CWA. 19.4 The Owner and Contractor shall be notified of all actions at Steps 2 and 3 and shall, the grievance advances upon their request, be permitted to Step 5participate in all proceedings at these steps.

Appears in 3 contracts

Sources: Community Workforce Agreement, Community Workforce Agreement, Community Workforce Agreement

GRIEVANCE PROCEDURE. A grievance A12.1 Where an allegation is defined as any dispute involving made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the Job ▇▇▇▇▇▇▇ or Business Manager or his representative of the Local Union shall attempt to resolve the difference on the job with the ▇▇▇▇▇▇▇ or Superintendent of the Employer during which time there shall be no stoppage of work. A12.2 If the difference is not resolved or where a difference arises between the Employer and the Union or a Local Union relating to the interpretation, application or alleged violation of a provision administration of this Agreement. Grievances , the difference of opinion or disputes which may arise dispute, including any question as to whether a matter is arbitrable, shall be settled resolved without stoppage of work in the following manner:. Step 1: Within three A12.3 If the difference is not resolved within forty-eight (348) working days after its hours of the occurrence, the aggrieved party shall discuss submit the complaint with difference and the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply remedy sought in writing to the complaint. The employee may have his Executive Director of the Association and the International Representative of the Union representative present. Step 2: If within sixty (60) days of occurrence, or in the grievance is not settled satisfactorily at Step 1, the grievance shallcase of alleged unjust discharge, within ten (10) additional working days, days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be submitted waived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. A12.4 Upon receipt of the matter complained of in writing, through the Union Executive Director and the International Representative shall take such steps within forty-eight (48) hours as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) days of receipt of written submission, the Executive Director and the International Representative may, upon mutual agreement of Public Worksthe parties, refer the matter to a Pipeline Industry Grievance Panel. A12.5 Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The written grievance shall set forth the nature Chairman of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works Advisory Council shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate appoint two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision participating Unions and the Chairman of the panel National Labour Relations Committee shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.appoint two

Appears in 3 contracts

Sources: Operating Engineers Distribution Pipeline Agreement, Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 20.01 The members of Local No. 465 of the interpretationInternational Association of Fire Fighters shall, application or alleged violation from among their members, appoint a Grievance Committee of a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) employees and shall forthwith notify the Fire Chief and the Executive Director of Human Resources of the City of Oshawa of the names of the members of the Committee and of any changes made from time to time in the membership of the said Committee. 20.02 It shall be the duty of the Grievance Committee, appointed under subsection 20.01 hereof, to represent any employee who claims grounds for a grievance, relative to working days after its occurrenceconditions, wages, unjust discipline, suspension, supersedure or discharge, etc. Members will be allowed to have Union representation when the aggrieved party shall discuss the complaint member is summoned to interact with the Division Superintendent or employer for any of the Superintendent's designeeabove issues in dispute. Within three (3) additional working days The Committee shall have the division head will reply power to reject any grievance, subject to appeal to the complaintAssociation by the grievor. The employee may have his Union representative presentgrievance must be presented to the Grievance Committee within four (4) days of the event giving rise to the grievance. The duly elected Grievance Committee, as recognized in Article 20.01, shall, while on duty, be entitled to attend without loss of pay for the attendance of any meeting with the Corporation for Step 1 and Step 2 grievances. 20.03 Step 2: If 1 Every grievance shall be reduced to writing stating the Article(s) in which the grievance is not settled satisfactorily at Step 1founded, a description of the grievance shallalleged violation/events and the remedy sought, and shall be presented by the Grievance Committee to the Fire Chief, or, in the absence of the Chief to the Deputy Fire Chief, within ten (10) additional working days, be submitted in writing, through calendar days after the Union to the Director of Public Works. The written grievance shall set forth the nature happening of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days event giving rise to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The Any grievance panel must make its determination which is not presented in writing within ten (10) working such time shall not be accepted or considered by the Fire Chief or Deputy Fire Chief. Such days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded not to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panelinclude Saturdays, the grievance advances to Step 5Sundays, or Holidays.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is Grievance shall be defined as any dispute involving meaning disputes or disagreements arising out of the interpretation, application or alleged violation interpretation of a provision the provisions of this the Agreement. Grievances or disputes which may arise Said grievance shall be settled processed in the following manner: Step 1: Within three Section 1 The aggrieved employee and/or an Association representative if so requested by the aggrieved employee, shall first informally discuss the grievance with the Chief of Police within ten (310) working days after its occurrenceof when the employee knew or should reasonably have known of the incident. If the employee is not satisfied with the informal opinion rendered by the Chief of Police, he/she may submit his/her grievance to the Chief of Police in writing setting forth the specific c1ause(s) of the Contract that are allegedly being violated, and the Collective Bargaining Agreement Dover Police Association FY14 - FY17 manner in which it is allegedly being violated for a formal decision by the Chief of Police. Section 2 If the employee is not satisfied with the decision of the Chief of Police, which shall be rendered in writing within five (5) calendar days of the presentation of the grievance by the aggrieved employee, he/she may appeal in writing to the City Manager within ten (10) calendar days of the date of receipt of the Chief of Police's decision. Any such appeal shall set forth the employee's basis for appeal by referring to the specific c1ause(s) of the Contract which is allegedly being violated, and the manner in which it is allegedly being violated. Section 3 The City Manager or his/her designated representative shall, if either party requests, meet with the aggrieved employee and/or his/her representative within ten (10) calendar days of his/her receipt of the aggrieved employee's appeal. If neither party requests a meeting, the aggrieved party City Manager shall discuss decide the complaint with grievance based upon written information as supplied and/or any further materials reasonably requested by the Division Superintendent or City Manager. The City Manager shall render his/her decision in writing within fifteen (15) calendar days of his/her receipt of the Superintendent's designee. Within three (3) additional working days grievance. Section 4 If the division head will reply decision of the City Manager is not acceptable to the complaintemployee, he/she may appeal to the American Arbitration Association within thirty (30) calendar days of his/her receipt of the City Manager's decision. The decision of the arbitrator shall be final and binding on both parties to this agreement. Provided that if the aggrieved employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shalldesires he/she may, within ten (10) additional working dayscalendar days of his/her receipt of the City Manager's decision, and before appealing to the American Arbitration Association, request a meeting with the City Manager to attempt selection of a mutually acceptable arbitrator to hear the issues and render a final and binding decision. If a mutually acceptable arbitrator cannot be selected within five (5) calendar days of the initial selection meeting, the aggrieved employee may appeal to the American Arbitration Association as set forth in the first clause of this section within fifteen (15) calendar days of the initial selection meeting between the aggrieved employee and the City Manager. Section 5 The cost of arbitration shall be borne equally by the Employer and the Association. Section 6 In choosing an arbitrator, the American Arbitration Association procedure shall be followed. Section 7 Any grievance not submitted in writing within the time period above provided for, shall be considered waived or if not resubmitted after one of the answers above provided for, shall be considered resolved by the answer. If the City does not answer, in writing, through Collective Bargaining Agreement Dover Police Association FY14 - FY17 within the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2time periods above provided, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling considered resolved in the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5employee's favor.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise (a) An ▇▇▇▇▇▇▇ effort shall be settled in made to settle grievances fairly and promptly. Prior to the following manner: Step 1: Within three (3) working days after its occurrencegrievance being filed, the aggrieved party shall employees and shop stewards are encouraged to discuss the complaint concern with the Division Superintendent or supervisor and attempt to resolve the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentconcerns at this level. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within 1 Within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision employee or the union becoming aware of the panel shall be immediately forwarded event which gave rise to the Mayor and grievance, a union representative may submit a written statement of the Union and shall be binding on each side. In the event of a deadlock particulars of the grievance panelincluding an identification of the article(s) of agreement that are alleged to have been violated and the redress sought to the Director of Human Resources or designate. Within five (5) working days following receipt of the written grievance, the parties will meet to attempt to resolve the matter. Within five (5) working days following the meeting the Director of Human Resources or designate will provide a written response that outlines either the proposed settlement or the employer’s position at this Step. Further meetings with the employee and/or shop ▇▇▇▇▇▇▇ may be held during this 10-day period. Step 2 Within five (5) working days following receipt of the Step 1 response, if the union does not consider the grievance advances to be satisfactorily resolved, a union representative with or without the aggrieved employee will meet with the Secretary-Treasurer or designate to seek a resolution. The Secretary-Treasurer or designate will provide a written response to the grievance within five (5) working days of this meeting. Step 3 Failing a satisfactory settlement within the time limits indicated in Step 2, the Union or the employee may submit, within five (5.) working days, a written grievance to the Board's Human Resources Committee. A meeting with the Union's Grievance Committee and the Board's Human Resources Committee shall be at a mutually agreeable time, but in any event not later than ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined 7.01 The parties agree that their interests are best served by the speedy resolution of grievances. To this end, should any differences arise as any dispute involving to the interpretation, application application, administration or alleged violation of a provision the provisions of this Agreement. , the following procedure for instituting a grievance may be invoked by an individual employee, by a number of employees jointly claiming the same grievance, by the Union or by the Employer. 7.02 If an employee has a complaint, he/she must first give opportunity to his/her immediate supervisor to discuss and resolve the complaint before a grievance is filed. 7.03 Grievances or disputes which may arise shall be settled dealt with in the following manner: Step 1: Within three An employee having a grievance or a designated member of a group having a grievance shall, within twenty (320) working days after its occurrenceof the date on which the cause of the grievance occurred or ought reasonably to have been known to the grievor(s), take up the aggrieved party shall discuss the complaint grievance, which will be in writing, with the Division Superintendent or immediate supervisor outside the Superintendent's designee. Within three (3) additional working days scope of the division head will reply to the complaintbargaining unit. The employee may have his Union representative presentsupervisor will render his/her decision in writing within five (5) days of the receipt of the grievance. Step 2: If The Union shall designate a committee of not more than two (2) employees and the Union representative to take up with the Publisher and/or his/her representative, any grievance not resolved in Step 1. 7.04 All Step 2 written grievances shall contain only one (1) grievance, identify the clause(s) allegedly violated, the persons involved, the date on which the alleged grievance occurred and the relief sought. 7.05 No grievance may be processed to arbitration unless the requirements of 7.02, 7.03, and 7.04 have been completed. 7.06 Any difference arising directly between the Employer and the Union as to the interpretation, application, administration or alleged violation of this Agreement may be submitted in writing by either party within twenty (20) days following the date on which the grievance is not settled satisfactorily at occurred or ought reasonably to have been known to the grievor. The parties shall meet as described in Step 1, the grievance shall, 2 within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature days following receipt of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, grievance and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted a decision given in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is aggrieved party not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.more than ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 16.1 Crucial to employee morale and productive work relations between the parties is a fair and just resolution of both parties' grievances. 16.2 A grievance is defined as any a violation or dispute involving the interpretation, application application, or alleged violation of a provision provisions of this Agreement. 16.3 A grievance may be presented by an employee, the CTP Group, or the Employer. 16.4 Each grievance must be submitted in accordance with the following procedure within the time frame set forth. Grievances or disputes which may arise If the grievance is not submitted in conformance with the procedure and in a timely manner, then the grievance shall be settled in considered forever waived and lost. Each grievance must specify the following mannerrelevant facts, the specific sections of the Agreement alleged to have been violated, and a clear expression of the remedy sought. All time limits may be extended by mutual written agreement. 16.5 The grievance procedure shall be as follows: Step 1: Within three An employee shall discuss his or her alleged grievance with the immediate supervisor within seven (37) working days after its occurrence, of the aggrieved party shall discuss occurrence of the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaintalleged grievance. The employee may have request the presence of a CTP Group representative from his Union representative presentor her duty station at the meeting. The immediate supervisor shall respond within seven (7) working days. If the grievance is a result of action taken by the employee’s immediate supervisor, or when mutually agreeable by both parties, the grievance may be presented at Step 2, below. Step 2: If the alleged grievance is not settled satisfactorily resolved at Step 1, then within ten (10) working days of the date the response is due in Step 1, the grievance shallshall be presented, in writing, to the Public Services Director and County Engineer. The Public Services Director and County Engineer may request a meeting for discussion of the issues at this step. If the Public Services Director and County Engineer do not call for a meeting, then a written response will be issued within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature days of the grievancedate of submission at Step 2. If the Public Services Director and County Engineer call for a meeting, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works meeting shall have seven be scheduled within ten (710) working days to respond to of the grievance in writingdate of submission, and a written response shall be issued within ten (10) working days from the date of meeting. Step 3: If the alleged grievance is not settled satisfactorily resolved at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination then within ten (10) working days after of the entire panel has been designated. Decisions response date in Step 2, a written grievance by the CTP Group or the Employer shall be determined when a majority presented to the Board of County Commissioners. The Board of County Commissioners shall, within twenty (20) working days after receipt of the panel grievance, hold a hearing, and after such hearing respond in writing within twenty (320) favors a given solutionworking days. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.4:

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as shall be any dispute involving the interpretationalleged violation, application misinterpretation, or alleged violation misapplication of a provision specific term and condition of this Agreementwritten agreement or any established term and condition of employment. Grievances or disputes which may arise All grievances by any member of the unit shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through writing no later than (21) days after the Union alleged grievance occurred. Grievances shall be submitted directly to the Director of Public WorksChief, or his designee. The written grievance shall set forth the nature of the grievanceChief, the facts on or his designee, will have (21) days within which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If from the date submitted. In the event that the grievance is not settled satisfactorily at Step 2resolved by the Chief, or his designee, or in the event that (21) days have elapsed without a written response from the Chief, or his designee, the grievance may, within seven (7) additional working days, shall be submitted to the Board of the Arlington Fire District. A meeting shall be scheduled within (21) days between representatives of the Association’s Grievance Committee and the Board, to present, discuss, and attempt to resolve the grievance. The board shall duly consider the grievance and shall respond to the grievance in writing to the Mayor or, his/her designee, and the Human Resources Departmentno later than (30) days after that scheduled meeting. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If In event that the grievance is not settled satisfactorily resolved at Step 3the second step, either party may demand arbitration. A party wishing to move a grievance to arbitration must serve upon the Board a demand for arbitration within thirty (30) days from receipt of the notificationBoard’s decision at the second step, both parties and notify the Public Employment Relations Board (“PERB”) that it is demanding arbitration. The arbitration shall have seven (7) working days to designate two (2) representatives selected be administered and conducted under PERB rules. The Arbitrator shall be appointed on a rotating basis from the following list: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇ ▇▇▇▇▇ The cost of arbitration shall be borne equally by the City and two (2) representatives selected parties. Under Section 203 of the Civil Service Law of the State of New York, the Arlington Professional Firefighters Association, IAFF Local 2393, is the exclusive representative of all employees, as specified in Article IV, in the administration of grievances. Neither the Board of Fire Commissioners nor the Chief shall entertain grievances not filed by the Arlington Professional Firefighters Association, IAFF Local 2393. Upon the receipt of any grievances filed by individuals, but not by the Union. These representatives shall constitute a grievance panel and , such grievances shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded rejected and returned to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5individual or individuals.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as ‌ 30.1 For the purpose of this agreement, the term "grievance" means any difference or dispute involving between the State and the Union or between the State and any employee with respect to the interpretation, application application, or alleged violation of a provision any of the provisions of this Agreement. Grievances or disputes which may arise agreement. 30.2 There shall be settled in the following manner: a grievance procedure as follows: Step 1: Within . a. A grievance shall be presented by the aggrieved employee and/or by the Union within ten (10) days of the employee’s and/or Union’s knowledge of the occurrence of such grievance. b. An aggrieved employee shall discuss their problem with their Union representative and immediate supervisor, who shall attempt to settle the problem within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designeedays. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentStep 2. Step 2: a. If the a grievance is not settled satisfactorily at resolved in Step 11 above, it shall be reduced to writing and submitted to the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to designee of the Director of Public Worksthe Department of Administration by the aggrieved employee and/or by the Union within fourteen (14) days of the employee’s and/or Union’s knowledge of the occurrence of such grievance. The written grievance shall set forth the nature factual and contractual allegations of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and as well as the relief requested. The Director aggrieved employee and/or the Union representative shall meet, within fourteen (14) days of Public Works the submission of the written grievance, with the Director’s designee who shall have seven conduct a hearing on the grievance. Two (72) working Union officers and the aggrieved may present the grievance at the hearing. Such designee shall render a decision to the Union and to the employee within fourteen (14) days to of the hearing. The decision shall respond to the grievance in writingfactual and contractual allegations of the grievance. Step 3: If a. In the event the grievance is not settled satisfactorily at Step 2in a manner satisfactory to the aggrieved member and/or the Union, then such grievance may be submitted to arbitration in the grievance maymanner provided herein, within seven thirty (730) additional working days, be submitted in writing to days from the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature transmittal of the grievance, the facts on which it is based, provisions of the collective bargaining Step 2 decision. Either party to this agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered permitted to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock call witnesses as part of the grievance panelprocedure. The State, on request, will produce payroll and other records, as necessary. Members of the Union committee, stewards, the aggrieved employee and employee witnesses who are State employees will be paid at their regular rate up to their normal quitting time for time spent in processing grievances. The Union representative will have the right to assist the aggrieved at any step of the grievance advances to Step 5procedure.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Both parties recognize the desirability of exerting an ▇▇▇▇▇▇▇ effort to settle grievances at the earliest possible time. Section 1: A grievance is shall be defined as any dispute a complaint between the Town Administrator or his/her Designee and the Union and/or the employee involving the interpretation, application or an alleged specific and direct violation of a specific provision of this Agreement. Grievances or disputes which may arise shall . Section 2: A grievance must be settled in the following manner: Step 1: Within three presented within five (35) working days after its occurrenceof the time of the occurrence of the act, decision, or ruling forming the aggrieved party basis of the grievance and must be processed in accordance with steps below: The employee shall discuss present the complaint grievance, in writing, to his/her immediate supervisor, or his/her designee, who shall confer with the Division Superintendent or grievant, Union representative, witnesses and others within 5 (five) business days. The supervisor will then issue an answer in writing to the Superintendent's designee. Within three (3) additional grievance within five working days of the division head will reply to the complaintconference. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1settled, the grievance shallit shall be appealed, within ten (10) additional working days, be submitted in writing, through the Union to the Human Resources Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven or his/her designee within five (75) working days after the employee's receipt of the written answer from Step 1. The Human Resources Director or its designated representative member, the grievant, and/or the chairperson of the Union or his designee, shall meet to respond discuss the grievance within fourteen (14) calendar days. The Human Resources Director will give his/her written answer to the grievance in writing. Step 3: within five (5) working days of the meeting. If the grievance is not settled satisfactorily at Step 2settled, the grievance may, within seven (7) additional working days, it shall be submitted in writing appealed to the Mayor or, Town Administrator or his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven Designee within five (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (105) working days after the entire panel has been designated. Decisions shall be determined when a majority employee's receipt of the panel (3) favors a given solutionwritten answer of the Human Resources Director. The decision of the panel Town Administrator or his/her Designee shall be immediately forwarded meet to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of hear the grievance panel, the grievance advances to Step 5.within five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. SECTION 1: A grievance is shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the interpretation, application or alleged violation of a provision terms and provisions of this AgreementAgreement or other terms and conditions of employment. Grievances Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement or other terms and conditions of employment. SECTION 2: Thus, should differences or disputes which may arise shall be settled in between the following manner: Step 1: Within three (3) working days after its occurrenceparties to this Agreement or between the employees covered herein and the City, other than cases of discharge and/or suspension, the aggrieved party to this Agreement or employee, or employees, as the case may be, shall discuss use the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present.following procedures: Step 2: If 1 In the grievance event that an employee believes there is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the a basis for a grievance, the facts on which it is basedemployee shall first discuss promptly the alleged grievance with the immediate supervisor, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected accompanied by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination On-Site Representative within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solutiondate of the occurrence of the event giving rise to the grievance. The supervisor shall then respond within five (5) working days. Step 2 In the event the aggrieved employee and the Union are not satisfied with the decision of the panel supervisor, the On-Site Representative shall present the grievance in writing to the employee’s department director within five (5) working days of the date of the aforesaid decision. The grievance shall be immediately forwarded to signed by the Mayor employee and the Union On-Site Representative and shall specify: (a) The grievant’s name and position; (b) the date of the alleged grievance; (c) the specific Article(s) and Section(s) of this Agreement that were alleged to be violated (general statements such as “all articles” or “all applicable articles” or “including but not limited to Article ” are not acceptable and shall be binding on each sidecause for rejection of the grievance); (d) a clear and concise statement of the facts that support the alleged grievance; and (e) the relief requested. Upon presentation of this written grievance to the department director, and within five (5) working days thereafter, the department director, the employee and the On-Site Union Representative shall attempt to resolve the dispute. Within five (5) working days thereafter, the department director shall render a decision in writing to both the employee and to the On-Site Representative. Step 3 In the event the aggrieved employee and/ the Union are not satisfied with the written answer to Step 2 above, the grievance shall be presented by the Union within five (5) working days after the Step 2 decision is rendered to the Human Resources Director, who will, within five (5) working days of the receipt of same, meet with a deadlock representative of the Union in an attempt to resolve the grievance. At this meeting, the employee and the On-Site Representative may also be present. Within five (5) working days after this meeting, the Human Resources Director shall render a decision in writing. Upon seven (7) working days’ written notice, the City Manager may designate another individual to hear Step 3 grievances. SECTION 3: In cases involving suspension, demotion or discharge, a grievance shall be submitted directly at Step 3 of the grievance panelprocedure utilizing the time limits contained at Step 1. SECTION 4: Time is considered to be of the essence for the purpose of Articles 7 and 8 of this Agreement. Accordingly, any grievance which is not filed and processed within the time limits set forth in Articles 7 and/or 8 will be presumed to be abandoned and foreclosed for all contractual and legal purposes. The time limits provided for in Articles 7 and 8 shall be strictly observed and shall be extended only by written agreement of the parties. Any grievance not answered by the City within the time limits provided for in Article 7 will be deemed to be denied and the aggrieved employee may proceed to the next highest step of the grievance advances procedure. The City may raise the Union’s and/or an employee’s untimely submission or processing of a grievance at any step of the grievance procedure. SECTION 5: Application to Step 5this procedure shall foreclose the grievant from appealing to any other available procedure or vice-versa. SECTION 6: Nothing in this Article shall require the Union to process grievances for employees who are not members of the Union, in conformity with Florida law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A UNION AND EMPLOYER JOINT TRADE BOARD COMMITTEE 6.01 The provisions of Article 6 herein supersede the grievance is defined as any dispute involving procedure provisions outlined in Article 5 of the interpretationMaster Agreement. 6.02 Any dispute, application difference or alleged violation of a provision controversy arising out of this Agreement. Grievances or disputes which may arise Agreement shall first be settled in discussed between the following manner: Step 1: Within three (3) working days after its occurrence, employee and the aggrieved party shall discuss the complaint with the Division Superintendent or the SuperintendentEmployer's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working dayscalendar days of the occurrence of the grievance. Failing settlement, be submitted the Local Business Representative will then communicate the matter to the Association, in writing, through in an attempt to resolve the Union matter. 6.03 Should the grievance not be resolved within a further ten (10) calendar days by the said Business Representative and Employer, then it will be submitted to the Director of Public Works. The written Joint Trade Board Committee as outlined in this Article. 6.04 Notwithstanding the grievance shall set forth procedure outlined herein, a party has the nature right to submit a grievance to arbitration in accordance with the Ontario Labour Relations Act at any stage following the occurrence of the grievance, with prior notification to the facts on which it is based, Association. 6.05 The parties hereto agree that a Committee shall be established upon the provisions signing of this Agreement known as the Union and Employer Joint Trade Board Committee. This Committee shall be composed of three representatives appointed by the Employer and three representatives appointed by the Union. One of the Agreement allegedly violated, members so appointed shall be elected Chairman of the Committee and one person shall be elected Secretary of the relief requestedCommittee provided that when the Chairman is from the Employer nominees the Secretary shall be from the Union nominees and vice versa. The Director of Public Works Chairman and Secretary shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remediesrotate annually. A conciliation meeting will be held Step quorum consists of four (4: If the grievance is not settled satisfactorily at Step 3) representatives, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by being nominees from the City Employers and two (2) representatives selected by from the Union. 6.06 The Committee shall meet quarterly. These representatives shall constitute a grievance panel and It shall be empowered the duty of this Committee, in keeping with the intent of harmonious relations: (a) to make decisions for settling administer and enforce this Agreement; (b) to act in an advisory capacity to the Painting and Decorating Industry and deal with problems which arise from time to time. (c) When dealing with grievances, a unanimous decision of the Committee shall be binding on the parties to the grievance. The grievance panel must make its determination within Notices of meetings shall be sent to all interested parties, including the Employer Bargaining Agencies at least ten (10) working days after before the entire panel has been designatedscheduled meeting. Decisions Such notices shall be determined when by fax or registered mail. (d) If, in a majority grievance matter, no unanimous decision is reached, then any of the panel (3) favors a given solutionparties may pursue any other available remedy. The decision Please refer to Article 21 and Article 25 of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5this Appendix.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 4.01 Within thirty (30) days of the interpretation, application or alleged violation of a provision signing date of this Agreement, the Employer and the Union shall each appoint two (2) members to form a Joint Standing Committee. Grievances or disputes which may arise The names of such members shall be settled forwarded to the other party as soon as they are appointed. In case of vacancy on this committee from any cause the party not fully represented shall immediately appoint a new member to fill such vacancy. 4.02 As the first step in the following manner: Step 1: Within three grievance procedure set out herewith, if any difference of opinion as to the rights of the parties under this Agreement or any dispute as to the construction or interpretation of any section or portion of the Agreement takes place, representations shall first be made in writing to the ▇▇▇▇▇▇▇ or Chapel Chairman within five (35) working days after its occurrencefrom the time the dispute comes to the attention of the party affected. Should the ▇▇▇▇▇▇▇ and the Chapel Chairman be unable to adjust the difference within forty-eight (48) hours either party may forthwith refer the matter to the Joint Standing Committee. Except in case of discharge, the aggrieved party conditions prevailing prior to any action or circumstance, which results in a dispute, shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentbe immediately reinstated and maintained until a decision is reached and work shall continue uninterrupted. Step 2: 4.03 The members of the Committee shall be notified in writing by the Executive Officers of either party to this Agreement of a dispute and the Committee shall meet within five (5) business days of such notice. 4.04 If the grievance is Joint Standing Committee reaches a decision on an issue it shall be binding on both parties for the duration of this Collective Agreement. 4.05 If the Joint Standing Committee cannot settled satisfactorily at Step 1, the grievance shall, reach a majority decision on any dispute within ten (10) additional working daysdays from the date on which the dispute is first considered by it, be submitted in writing, through either party may refer the Union matter to the Director of Public Worksarbitration. The written grievance representatives of each party to this Agreement to select an Arbitrator. If the parties are unable to agree upon an Arbiter then the selection shall set forth be made by the nature Minister of Labour for the Province of British Columbia. 4.06 The Arbiter shall conduct the hearing within twenty (20) days from the date on which either party requested arbitration. 4.07 Within thirty (30) days of completion of hearings the Arbiter shall render this decision. 4.08 The Arbiter's decision shall be final and binding on both parties. However, in no event shall the Arbiter have the power to alter or amend this Agreement in any respect. 4.09 In discharge cases the employee shall not be reinstated until and unless the Joint Standing Committee or the Arbiter orders the reinstatement. 4.10 Whenever a stipulated time is mentioned in this Article said time may be extended by mutual consent of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingparties or their representatives. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 8:01 Any complaint arising between the employees and the Company from the interpretation, application application, administration or alleged violation of a provision of this Agreement. Grievances or disputes which may arise Collective Agreement shall be settled considered as a grievance and shall be dealt with as speedily and effectively as possible, in accordance with the following manner: Step 1: Within three procedure. Any employee requesting to see their Union Representative/▇▇▇▇▇▇▇ on their shift will be allowed to do so privately within a reasonable amount of time. Reasonable amount of time will be defined as thirty (330) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent minutes or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentless. Step 2: 8:02 Any employee having a grievance shall first take up the matter with his/her supervisor directly or through his/her ▇▇▇▇▇▇▇ or committeeperson. If the grievance no satisfaction is not settled satisfactorily at Step 1received within twenty-four (24) hours, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, then be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials Human Resources Department will have two (2) weeks to investigate and hold a meeting with the Union to discuss and answer the grievance. The Company shall include have the nature option of refusing to deal with a grievance which has not been submitted in writing within five (5) working days excluding weekends and holidays after the cause of the grievance became known or should have become known to the employee or being submitted to the Union in writing. If no resolve is reached within the two (2) week period, the Union will then proceed to meet with the local and/or national representative to discuss such grievance and decide whether or not to proceed to arbitration. The Union will have two (2) weeks from the Company’s decision to inform the Company of its intent to proceed to arbitration or not. 8:03 The agenda for the conference provided above shall be supplied by the Chairperson of the Committee to Management at least twenty-four (24) hours before the conference at which the appeals thereon are listed for discussion. 8:04 The Company and the Union shall fully disclose all facts which they rely upon. 8:05 The time limits set forth in the grievance and arbitration provisions herein may be extended upon the mutual agreement of the Union and the Company. 8:06 However, if the Company or Union fail to meet the time limits set forth, the grievance shall be deemed ruled in favour of the other party. Such deemed ruling shall be non-precedent setting. 8:07 For the purpose of issuing a grievance, the facts on which it is basedparties agree the time limits shall exclude Saturdays, provisions of the collective bargaining agreement allegedly violated Sundays, holidays as defined herein and proposed remedies. A conciliation meeting will be heldscheduled plant shutdowns. Step 4: 8:08 If the grievance is not settled satisfactorily at Step 3in relation to a termination, upon receipt of it will be screened within five (5) days following the notification, both parties shall have seven (7) working days conference and may be expedited to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered arbitration if acceptable to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5Local 195.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A Where a Marine Engineer Officer has a grievance is defined as any dispute involving the interpretationwhile employed on board a vessel, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise he shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply reduce to writing and present it to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, Chief Engineer within ten (10) additional working days, be submitted in writing, through the Union to the Director days of Public Works. The written grievance shall set forth the nature his obtaining knowledge of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond occurrence giving rise to the grievance and shall thereafter send a copy thereof to his Union Headquarters. In the case of a Marine Engineer Officer who is employment, discharged, suspended, laid off or transferred his employment, as well as in writing. Step 3: If all other cases where the grievance person is not settled satisfactorily at Step 2no longer on board a vessel, the grievance mayshall be reduced to writing and mailed or delivered to the designated office of the Company with a copy to his Union Headquarters within ten (I 0) days of his obtaining knowledge of the occurrencegiving rise to the grievance. The Union shall have the right to submit a grievance to the Company on behalf of all the employees in the bargaining unit or a group thereof. such case, the grievance shall be reduced to writing and mailed or delivered to the designated office of the Company within seven ten (71 0) additional working days, be submitted days of obtaining knowledge by the Union of an occurrencegiving rise to the grievance. The Union shall have the right to submit a grievance in writing to the Mayor orCompany on behalf of a Marine Engineer Officer who is unable to file same within the delay of ten 0) days provided for in either paragraphs a) orb) above. In such cases, his/her designeethe grievance shall be mailed or delivered to the designated office of the Company within ten (1 0) days of obtaining knowledge by the Union of the occurrence giving rise to the grievance. Within thirty (30) days following receipt of a grievance a Marine Engineer Officer or the Union, the Union and the Human Resources DepartmentCompany representatives shall meet to discuss the grievance and attempt to reach a settlement. Should the parties fail to meet or should the grievance not be settled within the thirty (30) days referred to in subsection e) above, the matter may, thereafter, be referred to arbitration within a delay of fifteen (15) days. The written materials shall include the nature parties may, by mutual agreement expressed in writing, agree to extend any of the delays hereinabove provided for, where the circumstances so warrant. When any incident occurs during the Christmas holidays (between December and January 2nd) which may give rise to a grievance, the facts time delays provided for in Article will commence on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) first working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5day following January 2nd.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 17.1 The parties to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. 17.2 The Grievance Procedure shall apply equally to grievance lodged by a group of employees and be processed as an individual grievance. 17.3 An employee who believes that he/she has been or is being unjustly dealt with, or that any provision of the Collective Agreement have not been complied with shall within (5) calendar days of the alleged non-compliance, meet with his/her supervisor (and with his/her Union Representative, if he/she so desires) to discuss his/her concerns. Only after meeting with his/her supervisor, and if the matter is not settled satisfactorily, may the employee proceed with a grievance at Step One. The following steps in the Grievance procedure shall apply: : The grievance shall be in writing. The Local President or his/her designate (i) shall submit the grievance to the Director, Human Resources (or the Company’s designate) and (ii) shall meet with the employee’s direct manager and the Director, Human Resources (or his/her designate) within ten (10) calendar days from the date the grievance was submitted. The Director, Human Resources (or the Company’s designate) shall respond to the grievance in writing within ten (10) calendar days after the meeting. Within ten (10) calendar days of receipt of the response under Step One, the Local President or his/her designate may appeal the case to the Chief Operating Officer and/or designated Management employee of the Company and the Director, Human Resources or his/her designate. The Chief Operating Officer and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered by the Company within fifteen (15) calendar days of the meeting. Should the Union disagree with the decision stated in Step Two, the Union may, within sixty (60) days, advise the Chief Operating Officer and/or designated Management employee of the Company by letter of the Union’s intention to refer the grievance to arbitration in the manner prescribed in Article 17. The Chief Operating Officer and/or designated Management employee upon receipt of the letter will respond within ten (10) calendar days if he/she decides to change the decision rendered in the particular case. 17.4 All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. 17.5 In cases when an employee is defined investigated as any dispute involving a result of an alleged misdemeanour, the interpretationDirector of the related department or their designated representative and/or the Director, application Human Resources (or alleged violation the Company’s designate) will investigate the incident with all related parties prior to the issuance of a provision formal document. 17.6 An employee who had completed his/her probationary period will not be disciplined in excess of this Agreementa written reprimand without a proper hearing. 17.7 Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. Grievances or disputes which may arise An employee shall be settled notified of anything inscribed on his/her record. 17.8 Any formal entry which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1) year and then removed. However, in the following manner: Step 1: Within three (3) working days after its occurrencecase of incidents of a like nature, the aggrieved party formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local President or his/her designate at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. 17.9 Any discipline assessed will be imposed without delay. No employee shall be disciplined on his or her day(s) off unless termination is contemplated. 17.10 In case of discipline involving potential suspension the Director, Human Resources (or the Company’s designate) shall meet with the Local President or his/her designate, the employee and his/her Supervisor, to discuss the complaint with the Division Superintendent or the Superintendent's designeeoffence in question. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1of such discussion, the grievance shall, within ten (10) additional working days, employee will be submitted notified of any discipline in writing, through writing and the Union to the Director of Public WorksLocal President or his/her designate will be provided with a copy. The written grievance shall set forth Unless the nature of the grievanceoffence warrants it, the facts on which it is based, employee will not be held out of service pending discipline. 17.11 When the provisions nature of the Agreement allegedly violatedalleged offence is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against him/her for a period longer than three (3) working days, unless mutually extended by the Local President or his/her designate and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or his/her representative shall be given in writing a complete list of the charges against him/her and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence and/or available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support his/her case. The employee must also be represented by the local Union representation, and/or an accredited representative of Unifor. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. If the employee is not satisfied with the decision, he/she may process his/her case further, commencing at Step Two of the grievance procedure. 17.12 Should the employee be exonerated, he/she shall be paid at his/her regular rate of pay for any time lost, and the relief requestedrecord of the employee shall be cleared of the alleged offence. 17.13 The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. 17.14 Where a grievance other than one based on a claim for unpaid wages is not progressed by Unifor within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. 17.15 When a written grievance based on a claim for unpaid wages is not progressed by Unifor within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The Director application of Public Works this rule shall have seven (7) working days not constitute an interpretation of the Collective Agreement. 17.16 The time limits as provided under this Article will apply equally to respond to grievances originating with the grievance Company and may be extended by mutual agreement in writing. Step 3: If 17.17 Where the grievance term "calendar days" is not settled satisfactorily at Step 2used, the grievance maySaturdays, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, Sundays and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting holidays are excluded. 17.18 Employees will be held Step 4: If granted reasonable access to his or her discipline file at least once per year, at a mutually agreed upon time and in the grievance is not settled satisfactorily at Step 3, upon receipt presence of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5an employee representative.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 16:01 All differences between the interpretationEmployer and the Union regarding the interpretations, application application, operation or alleged violation of this Agreement shall be settled without stoppage of work or lockout by negotiation as hereafter provided. 16:02 Either the Union or the Employer may institute a provision grievance under the terms of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply If they fail to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, settle same within ten (10) additional working calendar days, be submitted in writing, through either of the Union parties may proceed under sub-article 16:05. 16:03 An aggrieved Employee shall submit his complaint to the Director ▇▇▇▇▇▇▇ or in his absence to the Business Manager and / or Business Representative of Public Works. The the Union, who shall endeavor to settle the complaint between the Employee and his immediate supervisor. 16:04 If the complaint is not settled within two (2) days, excluding Saturday, Sunday and holidays, it may be referred in writing to the Project Manager and an Official Representative of the Union. 16:05 If the parties fail to reach an agreement under the above steps either party may, by written grievance shall set forth notice to the other party stating the nature of the grievancedifference, require the facts on which it is based, establishment of an Arbitration Board. Such written notice must be served within the provisions ten (10) days following the completion of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingpreceding steps. Step 3: If 16:06 Each party shall appoint one (1) member as its representative on the grievance is not settled satisfactorily at Step 2, the grievance may, Arbitration Board within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Departmentdays of such notice. The written materials two (2) members so appointed shall include the nature endeavor to select an independent Chairman. 16:07 If either of the grievance, parties fail to appoint its representative on the facts on which it is based, provisions of Arbitration board within the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have required seven (7) working days to designate days, such action shall be deemed as acceptance of the other party’s position in the grievance. 16:08 If the two (2) representatives selected by members fail to select a Chairman within five (5) days after the City and day on which that last of the two (2) representatives selected by members is appointed, they shall request the UnionMinister of Labour to select a Chairman. 16:09 The Arbitration Board may not change, modify or alter any of the terms of this Agreement. These representatives All differences submitted shall constitute a grievance panel present an arbitrable issue under this Agreement, and shall be empowered not depend on or involve an issue or contention by either party that is contrary to make decisions for settling the grievance. provisions of this Agreement or that involves the determination of a subject matter not covered by or arising during the terms of this Agreement. 16:10 The grievance panel must make Arbitration Board shall give its determination within ten decision not later than fourteen (1014) working days after the entire panel has been designated. Decisions shall be determined when a majority appointment of the panel Chairman except that, with the consent of both parties, such limitation of time may be extended. 16:11 Each party to the differences shall bear the expenses of its respective nominee to the Arbitration Board and the two (32) favors a given solution. The decision parties shall bear equally the expenses of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5Chairman.

Appears in 2 contracts

Sources: Painters' Agreement, Painters' Agreement

GRIEVANCE PROCEDURE. (a) The Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. (b) A grievance is shall be defined as any dispute involving difference arising out of the interpretation, application application, administration, or alleged violation of a provision of this the Collective Agreement. Grievances or disputes which may arise . 9.02 No grievance shall be settled in considered where the following manner:circumstances giving rise to it occurred, or where the employee became aware of the occurrence or infraction more than thirty (30) calendar days before the filing of the grievance. Step 1: Within three (3) working days after its occurrence9.03 It is understood that prior to a grievance being submitted, the aggrieved party affected Employee and/or the Union shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply Grievor’s supervisor, who shall have an opportunity to adjust the complaint. The employee may have his Union representative present.Failing resolve with the griever’s direct supervisor the grievance shall be submitted as follows: Step 2: If 1 Following submission of the grievance to the Chief/designate by the union, the Chief/designate, shall arrange a meeting with the Grievor and a Representative of the Union within four (4) working days (excluding paid holidays and weekends) to discuss the grievance. If a grievance summary is prepared and provided to the individual hearing the grievance, a copy shall be provided to the other party. The summary is to be factual in nature and provide a background to the grievance submitted. If a settlement satisfactory to the employee and/or the Union Grievance Committee is not settled satisfactorily at Step 1reached within four (4) working days (excluding paid holidays and weekends) from the parties discussing the grievance (or any longer period, which may be mutually agreed upon), the grievance shall, within ten (10) additional working days, may be submitted in writing, through presented as follows: Step 2 If a settlement satisfactory to the employee and/or the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it Grievance Committee is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven not reached within four (74) working days to respond to the grievance in writing. (excluding paid holidays and weekends) after Step 3: If the grievance is not settled satisfactorily at Step 2Number 1 hereof (or longer period which may be mutually agreed upon), the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation a meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling arranged with the grievance. The grievance panel must make its determination Chief Administrative Officer within ten (10) working days after the entire panel has been designated. Decisions (excluding paid holidays and weekends) and a decision shall be determined when a majority rendered by the Chief Administrative Officer. At this stage the aggrieved Employee will be accompanied by at least one (1) representative of the panel (3) favors Union. If a given solutiongrievance summary is prepared and provided to the individual hearing the grievance, a copy shall be provided to the other party. The summary is to be factual in nature and provide a background to the grievance submitted. Step 3 If final settlement of the grievance is not completed within ten (10) working days (excluding paid holidays and weekends) after deliberations have concluded between the Union Grievance Committee and the Chief Administrative Officer, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to Arbitration as provided herein, at any time within thirty (30) working days (excluding paid holidays and weekends) thereafter but not later. If the Grievor or Union does not advise the Chief Administrative Officer of their intent to proceed to arbitration within the thirty (30) days, it will be understood that they concur with the decision of the panel Chief Administrative Officer and will not proceed to arbitration. 9.04 Replies to grievances shall be immediately forwarded in writing at all times. 9.05 Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. 9.06 The Employer shall supply the necessary facilities or, where mutually agreed, a virtual platform for the grievance meetings. 9.07 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, such a question or grievance may be directly submitted to the Mayor Chief Administrative Officer for consideration and any steps of the Union Grievance Procedure may be by-passed. The Chief Administrative Officer shall arrange the meeting and shall be binding on each side. In render a decision within ten (10) working days of the event of a deadlock conclusion of the grievance panelmeeting (excluding paid holidays and weekends). 9.08 The time limits set forth in the grievance procedure may be extended at any time upon the mutual agreement of the Employer and the Union. (a) Should the parties jointly determine that, having completed Step 2 per Article 9.03, the issue under grievance advances could potentially be resolved through a non-binding mediation process, such process shall take place prior to Step 5.the issue being heard at arbitration. The subsequent mediation process will not prevent either party from filing for arbitration per Article

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 13.01 Any complaint, disagreement or difference in opinion between the parties hereto concerning the interpretation, application application, operation or any alleged violation of the terms and provisions of this Agreement shall be considered a provision grievance. Grievances shall be presented in writing and shall clearly set forth the grievance and the contentions of the aggrieved party, following which the Union representative or representatives and the Employer representative or representatives shall meet and in good faith shall earnestly endeavour to settle the grievance submitted. In addition to the grievance form provided, the Union will agree to add a brief letter with a more detailed description of the issue being grieved. All such letters are tendered on a “without prejudice” basis. If a satisfactory settlement cannot be reached or if the party on whom the grievance has been served fails to meet the other party within fourteen (14) days of receiving the written grievance, either party may, by written notice served upon the other, require submission of the grievance to a Board of Arbitration, such Board to be established in the manner provided in Section 14 of this Agreement. . 13.02 Grievances involving the dismissal or disputes which may arise shall layoff of an employee must be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply submitted to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination Employer within ten (10) working days after from the entire panel date of dismissal or layoff or be waived by the aggrieved party, provided notice has been designated. Decisions shall be determined when a majority given as required under Section 11.02. 13.03 Any employee alleging wrongful dismissal may place his or her allegation before the Union representative and, if the Union representative considers that the objection of the panel (3) favors employee has merit, the dismissal shall become a given solution. grievance and be subject to the grievance procedure as established by this Agreement. 13.04 The decision Employer agrees to reply in writing as to the disposition of all grievances submitted by the Union. 13.05 The parties by mutual agreement may make application to the Labour Relations Board under the applicable provisions of the panel shall be immediately forwarded Labour Relations Code to facilitate the settling of grievances. Where a difference arises between the parties relating to the Mayor dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, a Settlement Officer of the Labour Relations Board or an Arbitrator agreed to by the parties, shall at the request of either party: 1. investigate the difference; 2. define the issue in the difference; and 3. make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and the Union and shall be binding on each side. In the event of a deadlock for those five (5) days from that date, time does not run in respect of the grievance panel, the grievance advances to Step 5procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as 25.1 For the purpose of this agreement, the term "grievance" means any difference or dispute involving between the State and the Union, or between the State and any employee with respect to the interpretation, application application, or alleged violation of a provision any of the provisions of this Agreement. Grievances or disputes which may arise agreement. 25.2 There shall be settled in the following manner: a grievance procedure as follows: Step 1: Within three . (3a) working days after its occurrence, A grievance shall be presented by the aggrieved party employee and/or by the Union within ten (10) days of the employee's and/or Union’s knowledge of the occurrence of such grievance. (b) An aggrieved employee shall discuss the complaint their problem with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his their Union representative presentand immediate supervisor, who shall attempt to settle the problem within one working day. Step 2: (a) If the grievance is not settled satisfactorily at resolved in Step 11 above, it shall be reduced to writing and submitted to the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to designee of the Director of Public Worksthe Department of Administration by the aggrieved employee and/or by the Union within fourteen (14) days of the employee’s and/or Union’s knowledge of the occurrence of such grievance. The written grievance shall set forth the nature factual and contractual allegations of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and as well as the relief requested. The Director aggrieved employee and/or the Union representative shall meet, within fourteen (14) days of Public Works the submission of the written grievance, with the Director’s designee who shall have seven conduct a hearing on the grievance. Two (72) working Union officers and the aggrieved may present the grievance at the hearing. Such designee shall render a written decision to the Union and to the employee within fourteen (14) days to of the hearing. The decision shall respond to the grievance in writingfactual and contractual allegations of the grievance. Step 3: If (a) In the event the grievance is not settled satisfactorily at Step 2in a manner satisfactory to the aggrieved member and/or the Union, then such grievance may be submitted to arbitration in the grievance maymanner provided herein, within seven thirty (730) additional working days, be submitted in writing to days from the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature transmittal of the grievance, the facts on which it is based, provisions of the collective bargaining Step 2 decision. Either party to this agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered permitted to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock call witnesses as part of the grievance panelprocedure. The State, on request, will produce payroll and other records, as necessary. Members of the Union committee, stewards, the aggrieved employee and employee witnesses who are State employees will be paid at their regular rate up to their normal quitting time for time spent in processing grievances. The Union representative will have the right to assist the aggrieved at any step of the grievance advances to Step 5procedure.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. A Section 7.1 Union may file a grievance is defined as concerning the interpretation of any dispute involving provision, including the interpretationprevailing rights, application or alleged violation of a provision of this AgreementAgreement and/or disciplinary action taken against an Employee when a question of just cause exists. All grievances shall be processed through the Union. All references to submitting the grievances in writing shall include through the City’s e- mail system. Removal, demotion, and discharge shall be subject to the grievance procedure or subject to the jurisdiction of the City Council as provided in Article 11 of the Charter of the City of Tulsa as the member shall elect, except for new hires as provided in Article 1, Section 1.2. The member's election of remedies shall be binding and irrevocable. Grievances or disputes which may arise under this Agreement shall be settled processed in accordance with the following mannerfollowing: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor orFire Chief or his designee. By virtue of the supervisory capacity in which they serve, Employees holding the rank of District Chief and above may be required to investigate and provide necessary input and recommendations to the Fire Chief in his/her designeedeliberation of first step grievances. The Fire Chief shall submit his/her answer to the Employee in writing, and with a copy to be forwarded to the Union within ten (10) calendar days after receipt of the grievance. Step 2. If the grievance remains unresolved, it may be submitted to the Human Resources DepartmentDirector of the City in writing within ten (10) calendar days of receipt of the written answer from the Fire Chief. The written materials shall include the nature Within ten (10) calendar days after receipt of the grievance, the facts on which it is based, provisions Human Resources Director or his/her designee and appropriate supervisory representatives of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step Fire Department shall meet with three (3, upon receipt ) members of the notification, both parties shall have seven (7) working days Union Grievance Committee in an attempt to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling resolve the grievance. The grievance panel must make its determination Human Resources Director or his/her designee shall submit ▇▇▇▇▇▇▇▇'s answer in writing to the Grievance Committee within ten (10) working calendar days after such meeting. Section 7.2 If the grievance is unresolved after receipt of Employer's answer in Step 2, Union may request in writing within ten (10) calendar days that the grievance be submitted to impartial arbitration. Prior to arbitration, the parties may mutually agree to utilize mediation to attempt to resolve the grievance. Section 7.3 No matter shall be entertained as a grievance hereunder unless it is raised as such within twenty (20) calendar days after the entire occurrence of the event or after the Employee becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Section 7.4 All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he/she shall have no further right to continue the grievance. Likewise, failure to respond to a grievance by the appropriate Employer agent within the prescribed time limits shall allow Union or grieving member to automatically move the grievance to the next step. Section 7.5 Within ten (10) calendar days from receipt of the request for arbitration, the parties shall jointly request a panel has been designatedof seven (7) arbitrators from the Federal Mediation and Conciliation Service, unless the parties can mutually agree upon an arbitrator to hear the dispute. Decisions The parties agree to alternate, on a per case basis, the cost of requesting a panel. Section 7.6 Within ten (10) calendar days from receipt of such panel, a representative of Union and Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. Employer shall strike the list first in even years, Union shall strike the list first in odd years. Section 7.7 Within ten (10) calendar days the Federal Mediation and Conciliation Service and the arbitrator selected shall be notified. Prior to the docketing of the arbitration hearing, the City and the Union agree to meet, at the request of either party, in an attempt to reach a settlement of the grievance. The date for the arbitration hearing shall be determined when a majority within twenty (20) calendar days from the date of the panel (3) favors a given solutionsettlement discussion. Section 7.8 The parties may mutually agree or the arbitrator may allow briefs upon an oral motion of one party and the arbitrator determines that written briefs would be important to the disposition of the case. Section 7.9 With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decisions, findings, and recommendations of the arbitrator shall be final and binding on the parties to this Agreement; however, the authority and responsibility of Employer as provided by the Charter of the City of Tulsa shall not be usurped in any manner unless specifically amended or modified by this Agreement. Section 7.10 The arbitrator's authority is strictly limited to the interpretation and application of the terms of this Agreement. The decision arbitrator shall have no jurisdiction to establish a new agreement or any variation or modification of the panel present Agreement, nor to arbitrate away, in whole or part, any provision of this Agreement or any supplements thereto or amendments thereof; nor shall any wage structures or structure of job classifications covered by this Agreement be subject to arbitration. This shall not preclude individual wage grievances. Section 7.11 It is specifically and expressly understood that taking an appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. This Section shall not apply to the judicial enforcement of an arbitration award. Section 7.12 The cost and expenses incurred by the impartial arbitrators shall be immediately forwarded shared equally by Union and Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 7.13 Two (2) representatives from Union and the grieving Employee may be present at the arbitration hearing without loss of pay for time spent in arbitration if the hearing is scheduled during the Employee's normal work period. Section 7.14 All issues in a particular arbitration, including issues relating to arbitrability, shall be heard in a single hearing. If additional information becomes available that could affect the second step decision, the parties agree to meet and discuss such information prior to arbitration. Section 7.15 When an Employee receives written notification of disciplinary action that would result in a monetary loss to the Mayor Employee, or the Employee elects the grievance procedure in the instances of removal, demotion or discharge, the Employee or Union shall have twenty (20) calendar days to grieve the action and the Union and grievance will be filed at Step 2 of this procedure. The Human Resources Director or his/her designee shall be binding on each side. In the event conduct a hearing as set forth in Step 2 within ten (10) calendar days of a deadlock receipt of the grievance panel, and shall issue a written answer within ten (10) calendar days of the grievance advances to Step 5hearing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A 6.01 The parties to this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 6.02 No grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in considered (i) which takes over or displaces the following manner:function of management, or Step 1: Within three (3ii) working days after its occurrence, where the aggrieved party shall discuss the complaint with the Division Superintendent circumstances giving rise to it occurred or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within originated more than ten (10) additional full working days, be submitted in writing, through days before the Union to the Director of Public Works. The written grievance shall set forth the nature filing of the grievance, , (iii) unless the facts on which it is based, Employee has first given their immediate supervisor an opportunity to adjust their complaint. 6.03 Failing a satisfactory resolution as outlined in 6.02 (iii) the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works Union shall have seven (7) working days to respond submit a written grievance to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2Director, the grievance mayEmployee Health and Labour Relations, within seven (7) additional working daysor their designate, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after of an issue being identified. The Director, Employee Health and Labour Relations, or their designate shall, where practicable, meet with the entire panel has been designated. Decisions shall be determined when a majority Grievance Committee, the grievor, and the ▇▇▇▇▇▇▇ if necessary, within fifteen (15) working days of the panel (3) favors a given solutionreceipt of the grievance. The decision Director, Employee Health and Labour Relations, or their designate will issue a response in writing to the Chairperson of the panel shall be immediately forwarded to Grievance Committee within ten (10) working days of the Mayor and the Union and shall be binding on each sideabove meeting. In the event of the Director, Employee Health and Labour Relations, or their designate, denies the grievance, they shall state the reasons in writing. 6.04 Where a deadlock satisfactory settlement of the grievance panelmatter in dispute is not reached, the said matter may be referred to Arbitration under the provisions of Article 7 within thirty (30) calendar days of the receipt of the Director, Employee Health and Labour Relations, or their designates, response. By agreement of the parties unresolved grievances may be referred to mediation. The mediator shall be selected by mutual agreement of the parties and expenses shall be shared equally. 6.05 The City (HSR) and the Union agree to abide by the terms of the Ontario Human Rights Code. Any hourly/salary-rated Employee who may consider that they have been discriminated against or harassed by any member of the supervisory staff shall discuss the case with a member of the Grievance committee within two (2) working days of the occurrence, giving rise to same. If the committeeman consulted does not feel that the matter has been settled to the satisfaction of all concerned, grievance advances to proceedings may be instituted by either the aggrieved party or the Grievance Committee of the Local 107, commencing at Step 5.2 within six

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation8.01 Subject to Clauses 8.03 and 8.07, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise grievances shall be settled processed in the following manner: Step 1: Within three With the exception of dismissal due to unsuitability or incompetence, as assessed by the Employer, of a probationary employee or a part-time or temporary employee with less than six (36) working months' service and subject to Clauses 8.03 and 8.07, an employee who alleges that she has a grievance, shall first present the matter to her immediate supervisor through her Shop ▇▇▇▇▇▇▇ within five (5) days after its occurrenceof the occurrence or discovery of the incident giving rise to the alleged grievance. In cases where an employee's immediate supervisor is her permanent head, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designeegrievance may be submitted immediately at Step 3. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at employee fails to receive a satisfactory answer within five (5) days of presenting the matter under Step 1, she may, within five (5) days present a grievance in writing to the second managerial level designated by the permanent head who will give the griever a dated receipt. In instances where there is no second level of management other than the permanent head, the employee may submit her grievance at Step 3 within the prescribed time limits. If the employee fails to receive a satisfactory answer to her grievance within five (5) days after the filing of the grievance shallat Step 2, she may, within a further five (5) days submit her grievance in writing to the permanent head who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. One of the Employer's representatives shall chair the meeting(s). The committee shall be entitled to interview such persons as it deems necessary for the investigation of the grievance and shall give its decision in writing to the grievor within ten (10) additional working days, be submitted in writing, through the Union to the Director days of Public Works. The written grievance shall set forth the nature receipt of the grievance, the facts on which it is based, the provisions . The committee's report shall consist of the Agreement allegedly violatedjoint decision of the committee where the committee members agree to a solution. If the matter is not mutually resolved by the committee, and then the relief requested. The Director Employer's representatives will send their position, along with a brief summary of Public Works shall have seven (7) working days to respond the committee's deliberations, to the grievance in writinggrievor, with a copy being sent to the Union. Step 3: 8.02 If the grievance is still not satisfactorily settled satisfactorily at Step 2by the foregoing procedure or if it is of the type referred to in Clause 8.03, either party to this Agreement may submit the grievance to arbitration in accordance with Article 9. 8.03 In the case of dismissals and suspensions pending dismissal, the grievance may, within seven (7) additional working days, may be submitted in the first instance at Step 3 of Clause 8.01. 8.04 At all Steps of the grievance procedure the replies to grievances will be in writing and dated receipts of grievances will be given. 8.05 A full time representative of the Union may be called in by the employee(s) at any step of the grievance procedure. 8.06 The time limits specified in this Article may be extended, in writing, by mutual agreement of the parties. 8.07 Employees shall have the right to grieve against suspensions and alleged unfair treatment on promotion and transfer, and such grievances may be submitted in the first instance at Step 3. 8.08 The settlement of a grievance without reference to arbitration shall be applied retroactively to the Mayor ordate of the occurrence of the action or situation which gave rise to the grievance, his/unless the settlement states otherwise. 8.09 Where the Union has a grievance involving a question of general application or interpretation of the Agreement, or where a group of employees has a grievance, the grievance may in the first instance be submitted at Step 3 of Clause 8.01. 8.10 An employee who is a member of the grievance committee referred to under Step 3 of Clause 8.01, or the grievor, shall not suffer any loss in pay for any time lost in processing complaints or attending grievance meetings. However, such an employee shall not leave her designee, and regular duties for the Human Resources Departmentpurpose of conducting business on behalf of the Union or to discuss any business in respect of grievances without first obtaining permission from her permanent head. The written materials employee will notify her immediate supervisor when returning to duty. 8.11 No grievance shall include be defeated or denied by any technical objection occasioned by a clerical or typographical error, or by the nature inadvertent omission of a step in the grievance procedure. 8.12 The Association and its representatives shall have the right to originate a grievance on behalf of an employee or group of employees and to seek adjustment with the Employer in the manner provided in the grievance procedure. Such grievance shall commence at Step 3. 8.13 Where an employee grieves against a suspension which is subsequently changed to dismissal, any arbitration board appointed to deal with the grievance shall have jurisdiction to deal with the dismissal. 8.14 The employee concerned may be present at any step of the Grievance Procedure. Employees concerned shall suffer no loss of pay for time spent in the Grievance Procedure. 8.15 At any stage of the Grievance and Arbitration Procedure parties may have the assistance of the aggrieved employee as witness and any other witnesses. Bargaining unit members shall not lose any pay or benefits while involved with the Grievance or Arbitration Procedure. All reasonable arrangements will be made to permit the conferring parties or Arbitrators to have access to view any working conditions which may be relevant to the settlement of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 5.01 Where a difference arises between the Employer and the Union or a Local Union relating to the interpretation, application or alleged violation of a provision administration of this Agreement. Grievances Agreement or disputes which may arise where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the difference of opinion or dispute, including any question as to whether a matter is arbitrable, shall be settled resolved without stoppage of work in the following manner:. Step 1: Within three 5.02 The Job ▇▇▇▇▇▇▇ and/or Union representative shall attempt to resolve the difference on the job with the ▇▇▇▇▇▇▇ or Superintendent of the Employer. 5.03 If the difference is not resolved within five (35) working days after its of the occurrence, the aggrieved party shall discuss submit the complaint with difference and the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply remedy sought in writing to the complaint. The employee may have his Executive Director of the Association and the International Representative of the Union representative present. Step 2: If within sixty (60) days of occurrence, or in the grievance is not settled satisfactorily at Step 1, the grievance shallcase of alleged unjust discharge, within ten (10) additional working days, days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be submitted waived. The foregoing time limitations shall not apply where there has been a failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. 5.04 Upon receipt of the matter complained of in writing, through the Union Executive Director and the International Representative shall take such steps within forty-eight (48) hours as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) days of receipt of written submission, the Executive Director and the International Representative may, upon mutual agreement of Public Worksthe parties, refer the matter to a Pipeline Industry Grievance Panel. 5.05 Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The written grievance shall set forth the nature Chairman of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works Advisory Council shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate appoint two (2) representatives selected by of the City participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel participating Association Members to serve on the Panel. In no case and at no time shall representatives of the Union or the Employer involved in the grievance be appointed to the Panel. 5.06 The Pipeline Industry Grievance Panel shall meet and render a decision within five (35) favors a given solutiondays of appointment. The A unanimous decision of the panel Panel shall be immediately forwarded to the Mayor final and the Union and shall be binding on each side. binding. 5.07 In the event of that the parties do not agree to the Panel procedure or the Panel arrives at a deadlock of majority decision which either party to the grievance paneldispute is unwilling to accept, or the Panel is unable to arrive at a decision within the prescribed time limits, the grievance advances to Step 5.matter shall be referred, within forty-eight

Appears in 2 contracts

Sources: Pipeline Maintenance and Service Agreement, Pipeline Maintenance and Service Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. 8:01 Grievances or disputes which may arise shall be settled dealt with in the following manner: Step 1: Within three manner provided such grievances are filed in writing within fifteen working days of the occurrence of the incident which gave rise to the matter in dispute. Requests for grievance hearings and replies following such hearings shall be in writing at all steps. Grievances shall specify the clause or clauses in the Agreement which it is believed the City has violated and shall include a statement of facts outlining in what manner the City's interpretation of a clause is disputed. A copy of the grievance will be submitted at each step of the grievance procedure. The City will arrange a hearing at the first step within fifteen (315) working days after its occurrence, of receipt of the aggrieved party grievance. Responses to all steps of the grievance procedure will be copied to the Union Grievance Committee Chair. STEP I The employee assisted by a ▇▇▇▇▇▇▇ or an officer of the Union shall discuss the complaint case with the Division Superintendent or the Superintendent's designeeDepartment Head. Within three (3) additional The Department Head shall render a decision within five working days of the division head will reply to the complaint. The employee may have his Union representative presenthearing. Step 2: STEP II If the grievance is Union considers that a satisfactory settlement was not settled satisfactorily at reached in Step 1, the grievance shall, I it may within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) 5 working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties Step I reply request a hearing by the Commissioner of Human Resources or representative. The Commissioner of Human Resources or representative shall have seven (7) render a decision within 5 working days to designate two (2) representatives selected of the hearing. STEP III If the Union considers that a satisfactory settlement was not reached in Step II, it may within 5 working days of receipt of the Step II reply, request a hearing by the Chief Administrative Officer, or representative. The Chief Administrative Officer, or representative, shall render a decision within 5 working days of the hearing. 8:02 Where the dispute involves a question of general application or interpretation of the terms of the Agreement, either the Union or the City and two (2) representatives selected may file a grievance at Step II of the Grievance Procedure. 8:03 The time limits set out in the Grievance procedure shall be strictly observed by the Union. These representatives shall constitute a grievance panel and shall parties to this Agreement but may be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5extended by mutual consent.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined (a) Representation for the effective handling of grievances and disputes between the parties under this Agreement, shall be: 1. The Union will be represented by properly designated Stewards in each section at each point on the System, who will be known as any dispute the section ▇▇▇▇▇▇▇, one of which will be known as the Chief ▇▇▇▇▇▇▇. 2. The Chief ▇▇▇▇▇▇▇ will deal with officials of the Company together with, or through, an accredited representative of the Union. 3. The Company will be represented by an authorized representative at each point, who will be empowered to settle all local grievances involving changes in Company Policy, or the interpretation, application or alleged violation of a provision intent and purpose of this Agreement. 4. Grievances or The Union and Company will, at all times, keep the other party advised through written notice of any change in authorized representatives. 5. The accredited representative of the Union should be permitted at any time to enter shops and facilities of the Company for the purpose of investigating grievances and disputes, after contacting the Company official in charge, and advising him of the purpose of the visit. (b) For the presentation of disputes which and grievances that may arise shall be settled in arise, the following mannerprocedure will apply: Step STEP 1: Within three An employee who believes that he has been unjustly dealt with, or that any provisions of this Agreement have not been properly applied or interpreted will present his grievance or complaint with or through his designated shop ▇▇▇▇▇▇▇ within five (35) working days after its occurrence, from the aggrieved party shall date of such incident to his Department Manager. The Manager will discuss the complaint grievance with the Division Superintendent or Chief Shop ▇▇▇▇▇▇▇, if available, and will render a decision within ten (10) days following receipt of the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentgrievance. Step STEP 2: If the grievance Step 1 decision is not settled satisfactorily at Step 1satisfactory, the grievance shallDistrict #142 General Chairman shall make written appeal to Step 2 to the Company’s Human Resources Manager, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature days after receipt of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requesteddecision. The Director of Public Works shall have seven (7) working days to respond to the Any grievance in writing. Step 3: If the grievance is not settled satisfactorily resolved at Step 2, 1 shall be reviewed by the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, Human Resources Manager or his/her designee, designee and the Human Resources Department. The written materials General Chairman who shall include meet within twenty (20) days after the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notificationStep 1 decision. Within ten (10) days following such meeting, both parties shall have seven (7) working days the Company or Union, depending on who is the grieving party, will issue a written decision setting forth its position which will be mailed to designate two (2) representatives selected by the City and two (2) representatives selected by other party. If the Union. These representatives shall constitute a grievance panel and shall be empowered position received is not satisfactory to make decisions for settling the grievance. The grievance panel grieving party, it must make its determination appeal the decision to the System Board of Adjustment within ten (10) working days after receipt of the Step 2 decision. If no satisfactory adjustment is reached in the previous steps, the grievance and decisions thereon may be appealed to the Systems Board of Adjustment as set forth in Article XIV of this Agreement; provided that notice of intent to appeal is filed within thirty (30) days from receipt of the decisions made by the Human Resources Manager. 1. Subject to Appendix “C”, no employee who has been in the service of the Company for more than 100 calendar days will be disciplined to the extent of loss of pay, or discharged without first having the benefit of a fair impartial hearing. However, an employee may be suspended pending such investigation or such hearing. 2. The employee will be advised in writing of the precise charge or charges preferred against him within five (5) days after the entire panel date the Company has been designated. Decisions shall be determined when a majority knowledge of the panel (3) favors a given solution. The decision of the panel shall occurrence, and copies will be immediately forwarded furnished to the Mayor Local Chairman and the Union and shall be binding on each sideInternational Representative. 3. In the event of a deadlock discharge or suspension, a hearing will be held within five (5) days from the date of the grievance panelwritten notice, and at this hearing the employee may have present representatives of his own choosing. He will be permitted to hear all evidence against him and with his representative, question all witnesses and/or statements against him. Reasonable opportunity will be allowed employees to secure the presence of their representatives, and it should be the obligation of the Company to summon all witnesses whom the employee feels can present facts which will lend weight to his testimony. (c) In case it is found the suspension or discharge is unjust, the grievance advances employee will be reinstated with full seniority, paid for time lost (less any monies received from employment), and records corrected. (d) All hearings and investigations will be conducted during regular day shift working hours, and committee members and necessary employee witnesses shall not suffer loss of pay while handling grievances, or attending investigations. (e) No employee selected as a representative of the Union will be discriminated against for lawful activity on behalf of the Union. (f) All references to Step 5days will be business days, Monday to Friday. (g) The grievances alleging violation of Appendix K (2) and regarding upgrading of Senior Agents are withdrawn.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as (17.01) The Union shall designate a committee of its own choosing, including not more than three employees, to deal with the Employer or his authorized agent on any dispute involving matter arising from the interpretation, application or alleged violation of a provision of this AgreementAgreement or affecting the relations of the employees and the Employer. (17.02) The parties agree to meet within five days after re- quest for such meeting. Grievances or disputes which may arise Efforts to adjust grievances shall be made on Company time. The parties agree that the processing of grievances, includ- ing referrals to arbitration, shall be carried out as promptly as is reasonably possible. (17.03) Any matter, except renewal of this contract may be a difference between the parties and if not satisfactor- ily settled in the following manner: Step 1: within thirty (30) days of its first consideration may be submitted by either party to final and binding arbi- tration. Any such matter not referred to arbitration within ninety (90) days of its first consideration shall not be arbi- trable. Within three ten (310) working days after its occurrenceof requesting arbitration, the aggrieved party making the request shall submit to the other the name of the arbitrator who will represent the party requesting arbitration, and within ten days the other party shall discuss by written notice name the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head arbitrator who will reply to the complaintrepresent it. The employee may have his Union representative present. Step 2: arbitrators thus named shall jointly select an impartial third person who shall be chairman of the arbitration board. If the grievance is not settled satisfactorily at Step 1, two arbitrators selected by the grievance shall, parties are unable to select a third arbitrator within ten (10) additional working daysdays of the appoint- ment of the second arbitrator, the parties to this Agreement shall request the Minister of Labor for Ontario to appoint the third arbitrator. Any of the aforementioned time limits may be submitted in writing, through extended by mutual consent of the parties to this Agreement. (17.04) The Employer and the Union shall defray the ex- penses of their respective appointees to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violatedarbitration board, and the relief requestedexpenses of the third arbitrator shall be borne equally by the Employer and the Union, except that neither party shall be obligated to pay any part of the cost of a stenograph- ic transcript without express consent. (17.05) Notwithstanding the thirty (30) day time limit specified in Section 17.03, either party may refer to final and binding arbitration a grievance arising out of a dismissal of an employee that is not satisfactorily settled within fifteen (15) days of the date of such dismissal. The Director of Public Works parties may agree to a single arbitrator to hear a dismissal grievance. (a) An arbitrator or arbitration board shall have seven (7) working days no power to respond modify, amend or add to the grievance in writingterms of this Agree- ment, nor to make any decision inconsistent therewith. Step 3: If (17.06) Employees shall have the grievance right to have a ▇▇▇▇▇▇▇ present at any disciplinary or dismissal meeting with the Employer, any meeting with the Employer concerning a warning for absenteeism, and any meeting called with the employee to investigate alleged serious misconduct on the part of the employee where, because of the circumstances of the alleged misconduct, it is not settled satisfactorily at Step 2likely that a suspension or dismissal would be imposed. The Employer shall advise the employee of this right prior to such a meeting. Employees shall be notified in writing of the grounds for any written warning, suspension or dismissal with a copy to the Union in the case of a final warning, suspension or dismissal. Where practicable, before disciplining or dismissing an em- ployee, the grievance may, within seven (7) additional working days, be submitted in writing Employer will endeavour to give the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days employee an opportunity to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5provide an explanation.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 An employee, who has completed their probationary period, and has been disciplined, suspended or discharged, is entitled to appeal such action through the Grievance Procedure. a) A grievance shall define the related article(s) of the Collective Agreement, past practice, legislation, policies and procedures of the Employer, which have been violated. It is defined as also understood that all applicable articles, violations and details of the grievance are included. b) The Corporation acknowledges the right of the Union President (or designate) to appoint or otherwise select the Union grievance representatives, up to a maximum of three (3) representatives. c) Grievance representatives (to a maximum of three) and the grievor (unless terminated) shall be paid while presenting the grievance to Management. 7.02 Should any dispute involving differences arise between the Employer and any of the employees from the interpretation, application application, administration, or alleged violation of a provision the provisions of this Agreement. Grievances or disputes which may arise , ▇▇▇▇▇▇▇ effort shall be settled made to settle such differences without undue delay in the following manner: Step 1: Within three (3a) working days after its occurrence, It is understood that an employee and/or representative of the aggrieved party Union shall discuss not grieve until they have made the Supervisor on duty aware of the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through and given them an opportunity to implement a course of action to rectify the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have issue within seven (7) working days for the employee involved. The Supervisor on duty shall rectify the issue or immediately report this notification/complaint to respond Transit Management, for the employee involved. b) The complaint, if not rectified to the grievance satisfaction of the employee, shall be dealt with at Step 1. Grievances shall be in writing, signed by the grievor and filed within five (5) working days for the employee involved. Grievances shall be in writing at all stages. Harassment issues shall be dealt with under 6.01. Step 3: If c) All scheduling requirements for the grievance is not settled satisfactorily at Step 2shall be the responsibility of Transit Management, Human Resources and Transit Union Executive. The Union representative shall receive a minimum of twenty-four (24) hours notification of the grievance maymeeting. d) The parties, within seven (7by mutual agreement, and confirmed by email, may extend the time periods at each step in the Grievance Procedure. Such extension shall be a reasonable request. e) additional working daysAny alleged violation of the Collective Agreement as it relates to discipline, discharge, policy and group grievances will be submitted in writing to writing, clearly defining what article in the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement Collective Agreement has been allegedly violated and proposed remedieswhat occurred. A conciliation meeting will be held Step 4: If the The grievance is not settled satisfactorily process shall commence at Step 3, upon receipt 2 as per Article 7.02. STEP 1 The grievance shall be presented to the Supervisor on duty of the notification, both parties designated area of responsibility or their designate. The Supervisor on duty or their designate shall have seven meet with the grievor and one (71) Union Representative within five (5) working days to designate two (2) representatives selected by of receiving the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination respond within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: A. Step 1: . Within ten (10) days after the event giving rise to the grievance, or within ten (10) days following the time when the employee should reasonably have known of its occurrence, the employee aggrieved and if the employee desires, the Union ▇▇▇▇▇▇▇, may submit the grievance in writing to the employee's Division Commander or designee. The Division Commander or designee shall attempt to adjust the matter and shall respond in writing to the employee within three (3) working days. B. Step 2. If the grievance has not been settled at Step 1, a written appeal signed by the employee and the Labor Relations Specialist may be filed with the Chief of Police within five (5) days after its occurrencereceipt of the Step 1 answer or after the answer was due. The Police Chief or the Police Chief's designee shall meet with the employee and the employee's accredited Union ▇▇▇▇▇▇▇ within five (5) days of the receipt of the written appeal. Within five (5) days of hearing the grievance, the aggrieved party Police Chief shall discuss answer the complaint with grievance in writing, giving a reason for the Division Superintendent or answer if the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentgrievance is denied. C. Step 2: 3. If the grievance is not settled satisfactorily at Step 12, a written appeal signed by the grievance shall, employee and the employee's Union representative may be filed with the Chief Labor Negotiator within five (5) days after receipt of the Police Chief’s written answer. Within ten (10) additional working daysdays thereafter, be submitted in writingthe Chief Labor Negotiator or designee shall meet with the employee and a committee including the employee's accredited Union ▇▇▇▇▇▇▇, through the Union to the Director of Public Works. The written grievance shall set forth the nature President and/or representatives of the grievanceCouncil and/or International Union. Within ten (10) days thereafter, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works Chief Labor Negotiator shall have seven (7) working days to respond to answer the grievance in writing. Step 3: If , giving a reason for the answer, if the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5denied.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances 8.01 Differences or disputes which may arise arising between the Region and the employee shall be settled considered as grievances and shall be dealt with in the following manner:, and all grievances shall be submitted and answered in writing, and shall state the Article(s) in dispute, the nature of the grievance and the remedy sought. It is agreed by the parties that grievances should be settled as early as possible in the grievance procedure. Step 1: Within three An employee having a grievance shall present it to his ▇▇▇▇▇▇▇ in writing. If the Union ▇▇▇▇▇▇▇ considers the grievance to be justified, they shall jointly take the matter up within five (35) working days after its occurrenceof the event giving rise to the grievance to the appropriate representative of management, who shall have five (5) working days in which to render a decision. Failing a satisfactory settlement, the aggrieved party second Step of the grievance procedure shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three be invoked within five (35) additional working days of the division head will reply to the complaint. The employee may have his Union representative presentmanagement's answer at Step 1. Step 2: If The grievance shall be submitted to the grievance is not settled satisfactorily at Step 1, Department Head and the grievance shall, Commissioner of Human Resources (or their delegates) who shall meet with the grievor and who shall render a decision within ten five (105) additional working days, . The grievor may be accompanied and represented at this Step by the Grievance Committee. (i) The grievance shall be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth Chief Administrative Officer or his designate, who will meet with the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, grievor and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination Grievance Committee within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solutiondate of request for such meeting. The decision shall be given within seven (7) working days from the date of such meeting. Where the grievance has a significant impact on the membership as a whole, the union may request that the matter be heard directly by the Chief Administrative Officer. (ii) Prior to the scheduling of an arbitration hearing, the parties shall retain the assistance of an impartial mediator in an effort to resolve any disputes referred to arbitration. A mediation meeting will be held within sixty (60) days of receipt of notification of arbitration as provided for in this clause expect where mutually agreed by the parties. In order to facilitate the timely scheduling of mediation meetings required under this clause, the parties will meet periodically to review and select available qualified mediators mutually acceptable to the parties. Such agreed mediators will be placed on a list of mediators that may be retained by the parties on an as needed basis. Mediator costs will be shared equally between the parties. The parties agree that information exchanged during the mediation process is privileged and discussions are on a without prejudice basis. This step may be bypassed by agreement of the panel parties. (iii) If the parties at this Step are unable to reach a satisfactory settlement, then the matter shall be immediately forwarded taken to arbitration within fifteen (15) working days, as defined in the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances Ontario Labour Relations Act as amended from time to Step 5time.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 7.01 A pilot or the Corporation who has a grievance is defined or dispute shall present it in writing as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three soon as practical but no later than ten (310) working days after its occurrence, the aggrieved party shall discuss date of the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply alleged dispute to the complaint. The employee may have his Union representative presentEastern Supervisor. Step 2: 1 The Eastern Supervisor shall render a decision within seven (7) days and shall forward a copy of the decision to the Corporation and to the Canadian Merchant Service Guild. Step 2 If the a complaint or grievance is not settled satisfactorily at adjusted to the satisfaction of the Corporation under Step 11 a meeting with the Chief Executive Officer (CEO) will be scheduled within 10 days of the response in Step 1 after which time the CEO will have seven (7) days to render a decision. Step 3 If the decision of the CEO is not acceptable and the Authority and the Guild are unable to agree to the adjustment of any complaint or grievance, the grievance shallor in regard to any matter as to which agreement is called for herein, either party may, in writing, within ten (10) additional working daysdays of the response in Step 2 require that the matter be referred to an Arbitrator. 7.02 Notwithstanding any other provisions of this agreement, if the Authority or any of its representatives fail or refuse to comply with any step or condition of the grievance procedure set out in article 7.01, the Guild, acting on behalf of a pilot, may submit the grievance at once to arbitration in the manner set out in article 7.04. 7.03 If agreement cannot be submitted in writing, through the Union reached as to the Director selection of Public Works. The written grievance shall set forth an arbitrator, either party may then request the nature assistance of the grievanceFederal Minister of Labour. 7.04 The arbitrator shall hear and determine the difference and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. 7.05 Each party shall pay its own expenses and the parties shall share equally the expenses and fees of the arbitrator. 7.06 The arbitrator shall have no power to alter, add to, subtract from, amend, modify or substitute any part of this agreement. 7.07 The time limits provided for by this article may be extended by mutual agreement between the facts on which parties, but no matter shall be nullified through a technical question raised in respect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. 7.08 Upon application with reasonable notice to the Eastern Supervisor a pilot shall be granted necessary leave of absence with pay for the investigation and presentation of complaints or grievances. Leave under this article will only be granted where it is baseddemonstrated that the investigation or presentation cannot be conducted within a reasonable time without the granting of this leave. 7.09 Nothing in this agreement shall be interpreted as depriving a pilot of his right to informally discuss with representatives of the Authority any problem that concerns such pilot personally, but any settlement or disposition of such problem shall not be deemed as creating a precedent as regards the interpretation of this agreement. 7.10 A griever may abandon a grievance at any stage of the grievance procedure. 7.11 The suspension or cancellation of a pilot's licence shall be dealt with in accordance with the provisions of the Agreement allegedly violated, Pilotage Act and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingregulations thereunder. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 7.01 A pilot or the Corporation who has a grievance is defined or dispute shall present it in writing as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three soon as practical but no later than ten (310) working days after its occurrence, the aggrieved party shall discuss date of the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply alleged dispute to the complaint. The employee may have his Union representative presentDirector of Operations. Step 2: 1 The Director of Operations shall render a decision within seven (7) days and shall forward a copy of the decision to the Corporation and to the Canadian Merchant Service Guild. Step 2 If the a complaint or grievance is not settled satisfactorily at adjusted to the satisfaction of the Corporation under Step 11 a meeting with the Chief Executive Officer (CEO) will be scheduled within 10 days of the response in Step 1 after which time the CEO will have seven (7) days to render a decision. Step 3 If the decision of the CEO is not acceptable and the Authority and the Guild are unable to agree to the adjustment of any complaint or grievance, the grievance shallor in regard to any matter as to which agreement is called for herein, either party may, in writing, within ten (10) additional working daysdays of the response in Step 2 require that the matter be referred to an Arbitrator. 7.02 Notwithstanding any other provisions of this agreement, if the Authority or any of its representatives fail or refuse to comply with any step or condition of the grievance procedure set out in article 7.01, the Guild, acting on behalf of a pilot, may submit the grievance at once to arbitration in the manner set out in article 7.04. 7.03 If agreement cannot be submitted reached as to the selection of an arbitrator, either party may then request the assistance of the Federal Minister of Labour. 7.04 The arbitrator shall hear and determine the difference and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. 7.05 Each party shall pay its own expenses and the parties shall share equally the expenses and fees of the arbitrator. 7.06 The arbitrator shall have no power to alter, add to, subtract from, amend, modify or substitute any part of this agreement. 7.07 The time limits provided for by this article may be extended by mutual agreement between the parties, but no matter shall be nullified through a technical question raised in writing, through the Union respect to a lapse of time occurring due to a reasonable oversight or resulting from a misunderstanding or reasonable delay. 7.08 Upon application with reasonable notice to the Director of Public WorksOperations a pilot shall be granted necessary leave of absence with pay for the investigation and presentation of complaints or grievances. The written grievance Leave under this article will only be granted where it is demonstrated that the investigation or presentation cannot be conducted within a reasonable time without the granting of this leave. 7.09 Nothing in this agreement shall set forth the nature be interpreted as depriving a pilot of his right to informally discuss with representatives of the grievanceAuthority any problem that concerns such pilot personally, but any settlement or disposition of such problem shall not be deemed as creating a precedent as regards the facts on which it is based, interpretation of this agreement. 7.10 A griever may abandon a grievance at any stage of the grievance procedure. 7.11 The suspension or cancellation of a pilot's licence shall be dealt with in accordance with the provisions of the Agreement allegedly violated, Pilotage Act and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingregulations thereunder. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as 7.01 The Employer, the Union or any dispute involving employee may present a complaint under this Agreement at any time, dealing with any matter arising out of the interpretationapplication, application interpretation or alleged violation of a provision of this Agreement. Grievances This complaint must be brought to the attention of the responding party within thirty (30) business days of the event giving rise to the complaint or the knowledge thereof. The parties agree that it is in their mutual interest to settle complaints and grievances at the earliest possible stage. The parties further agree to give serious attention to disputes which and to explore innovative solutions to resolve disputes prior to grievances being filed. 7.02 Where a complaint or dispute has been raised by the Union or the Employer, either of the parties may arise shall be settled request to have the matter discussed in joint committee. While the following manner: Step 1: Within three (3) working days after its occurrencejoint committee is seized of such a matter, the aggrieved party shall discuss time limit set out in Article 7.01 above is deemed to be suspended. At any point during the complaint with joint committee process, either of the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee parties may have his Union representative present. Step 2: If the file a grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The A written grievance shall set forth provide sufficient particulars to allow the nature of responding party to fully understand the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingallegations being made. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. 7.03 The written materials CMGEU shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered committee of its own choosing. 7.04 CMG agrees to make decisions for settling meet with the grievance. The grievance panel must make its determination committee within ten (10) working days after the entire panel has been designatedrequest for such meeting. Decisions Efforts to resolve grievances shall be determined when a majority made on CMG time. 7.05 If any matter is not satisfactorily settled, the parties shall jointly select an arbitrator within fifteen (15) days and put the issue to final and binding arbitration. If the parties are unable to agree on an arbitrator, the parties shall request the Minister of Labour appoint an arbitrator. The costs of such arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the panel (3) favors cost of a given solution. stenographic transcript without express consent. 7.06 The decision CMGEU and CMG recognize that their relationship is a collective bargaining relationship exclusively and the CMGEU and CMG agree that all disputes between the parties during the term of the panel this contract shall be immediately forwarded to resolved exclusively by the Mayor and the Union and shall procedures set forth in this Article. 7.07 Time limits provided in this Article may be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5extended by mutual agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A Section 7.1 Union may file a grievance is defined as concerning the interpretation of any dispute involving provision, including the interpretationprevailing rights, application or alleged violation of a provision of this AgreementAgreement and/or disciplinary action taken against an Employee when a question of just cause exists. All grievances shall be processed through the Union. All references to submitting the grievances in writing shall include through the City’s e- mail system. Removal, demotion, and discharge shall be subject to the grievance procedure or subject to the jurisdiction of the City Council as provided in Article 11 of the Charter of the City of Tulsa as the member shall elect, except for new hires as provided in Article 1, Section 1.2. The member's election of remedies shall be binding and irrevocable. Grievances or disputes which may arise under this Agreement shall be settled processed in accordance with the following mannerfollowing: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor orFire Chief or his designee. By virtue of the supervisory capacity in which they serve, Employees holding the rank of District Chief and above may be required to investigate and provide necessary input and recommendations to the Fire Chief in his/her designeedeliberation of first step grievances. The Fire Chief shall submit his/her answer to the Employee in writing, and with a copy to be forwarded to the Union within ten (10) calendar days after receipt of the grievance. Step 2. If the grievance remains unresolved, it may be submitted to the Human Resources DepartmentDirector of the City in writing within ten (10) calendar days of receipt of the written answer from the Fire Chief. The written materials shall include the nature Within ten (10) calendar days after receipt of the grievance, the facts on which it is based, provisions Human Resources Director or his/her designee and appropriate supervisory representatives of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step Fire Department shall meet with three (3, upon receipt ) members of the notification, both parties shall have seven (7) working days Union Grievance Committee in an attempt to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling resolve the grievance. The grievance panel must make its determination Human Resources Director or his/her designee shall submit ▇▇▇▇▇▇▇▇'s answer in writing to the Grievance Committee within ten (10) working calendar days after such meeting. Section 7.2 If the grievance is unresolved after receipt of Employer's answer in Step 2, Union may request in writing within ten (10) calendar days that the grievance be submitted to impartial arbitration. Prior to arbitration, the parties may mutually agree to utilize mediation to attempt to resolve the grievance. Section 7.3 No matter shall be entertained as a grievance hereunder unless it is raised as such within twenty (20) calendar days after the entire occurrence of the event or after the Employee becomes aware of or reasonably should have been aware of the event giving rise to the grievance. Section 7.4 All time limits set forth in this Article may be extended by mutual consent, but if not so extended, they must be strictly observed. If a party fails to pursue any grievance within the time limits provided, he/she shall have no further right to continue the grievance. Likewise, failure to respond to a grievance by the appropriate Employer agent within the prescribed time limits shall allow Union or grieving member to automatically move the grievance to the next step. Section 7.5 Within ten (10) calendar days from receipt of the request for arbitration, the parties shall jointly request a panel has been designatedof seven (7) arbitrators from the Federal Mediation and Conciliation Service, unless the parties can mutually agree upon an arbitrator to hear the dispute. Decisions The parties agree to alternate, on a per case basis, the cost of requesting a panel. Section 7.6 Within ten (10) calendar days from receipt of such panel, a representative of Union and Employer shall meet and alternately strike names until one (1) arbitrator remains who shall be selected as the impartial arbitrator. Employer shall strike the list first in even years, Union shall strike the list first in odd years. Section 7.7 Within ten (10) calendar days the Federal Mediation and Conciliation Service and the arbitrator selected shall be notified. Prior to the docketing of the arbitration hearing, the City and the Union agree to meet, at the request of either party, in an attempt to reach a settlement of the grievance. The date for the arbitration hearing shall be determined when a majority within twenty (20) calendar days from the date of the panel (3) favors a given solutionsettlement discussion. Section 7.8 The parties may mutually agree, or the arbitrator may allow briefs upon an oral motion of one party and the arbitrator determines that written briefs would be important to the disposition of the case. Section 7.9 With respect to the interpretation, enforcement, or application of the provisions of the Agreement, the decisions, findings, and recommendations of the arbitrator shall be final and binding on the parties to this Agreement; however, the authority and responsibility of Employer as provided by the Charter of the City of Tulsa shall not be usurped in any manner unless specifically amended or modified by this Agreement. Section 7.10 The arbitrator's authority is strictly limited to the interpretation and application of the terms of this Agreement. The decision arbitrator shall have no jurisdiction to establish a new agreement or any variation or modification of the panel present Agreement, nor to arbitrate away, in whole or part, any provision of this Agreement or any supplements thereto or amendments thereof; nor shall any wage structures or structure of job classifications covered by this Agreement be subject to arbitration. This shall not preclude individual wage grievances. Section 7.11 It is specifically and expressly understood that taking an appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing party and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. This Section shall not apply to the judicial enforcement of an arbitration award. Section 7.12 The cost and expenses incurred by the impartial arbitrators shall be immediately forwarded shared equally by Union and Employer. If a transcript of the proceedings is requested, then the party so requesting shall pay for it. Section 7.13 Two (2) representatives from Union and the grieving Employee may be present at the arbitration hearing without loss of pay for time spent in arbitration if the hearing is scheduled during the Employee's normal work period. Section 7.14 All issues in a particular arbitration, including issues relating to arbitrability, shall be heard in a single hearing. If additional information becomes available that could affect the second step decision, the parties agree to meet and discuss such information prior to arbitration. Section 7.15 When an Employee receives written notification of disciplinary action that would result in a monetary loss to the Mayor Employee, or the Employee elects the grievance procedure in the instances of removal, demotion or discharge, the Employee or Union shall have twenty (20) calendar days to grieve the action and the Union and grievance will be filed at Step 2 of this procedure. The Human Resources Director or his/her designee shall be binding on each side. In the event conduct a hearing as set forth in Step 2 within ten (10) calendar days of a deadlock receipt of the grievance panel, and shall issue a written answer within ten (10) calendar days of the grievance advances to Step 5hearing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any 2601 Should a dispute involving arise between the Employer and an employee or the Association concerning the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise 2602 The employee and her supervisor shall first attempt to resolve the dispute by means of discussion. 2603 Within fourteen (14) days after the incident giving rise to the grievance (herein called the incident) becomes apparent, a written grievance shall be settled in filed with the following manner: Step 1Department Head or his designate. 2604 Within seven (7) days after the grievance has been filed, the Department Head or his designate shall investigate the matter and reply. 2605 Within twenty-eight (28) days after the incident became apparent, the unresolved grievance shall be submitted to the Divisional Director, Human Resources or designate. (Health Sciences Centre, Breast Health Centre and Critical Care Transport Team only) 2606 Health Sciences Centre, Breast Health Centre and Critical Care Transport Team only: Within three seven (37) working days after its occurrencereceiving the grievance, the aggrieved party Divisional Director, Human Resources or designate shall discuss investigate the complaint with matter, conducting a hearing upon request, and reply. The Grievance investigation Process (GIP) as outlined in MOU #6 requires that all grievances that have reached the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply stage where they would be referred to Arbitration are referred to the complaintgrievance investigator prior to proceeding to Arbitration, UNLESS the Executive Director of the Association (MAHCP) and the Director at the Provincial Health Labour Relations Services (PHLRS) agree that it shall not be investigated or mediated by the individual named as the Grievance Investigator. The employee may have his Union representative present. Step 2: 2607 If the grievance is not resolved within thirty-five (35) days after the incident became apparent, it may be submitted for binding arbitration under Article 27 within the next ensuing fourteen (14) days. 2608 All grievances shall be considered and settled satisfactorily on their individual merits, and not dismissed by reason of any technicality. However, it is clearly understood that time limits established therein are for the sake of procedural orderliness and are to be adhered to. The time limits specified above may be extended by the mutual agreement of the parties as confirmed in writing. 2609 An incident shall be deemed to have become apparent at Step 1the time when a reasonable person might reasonably have become aware of it under actual or reasonable circumstances. 2610 Nothing contained in this Agreement shall preclude settlement of a dispute or grievance in any matter whatsoever by mutual agreement between the Association and the Employer. 2611 Unless dismissed or suspended by the Employer, the grievance shall, within ten (10) additional working days, be submitted employee shall continue to work in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of accordance with the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If until such time that the grievance is not settled satisfactorily settled. 2612 An employee may elect to be accompanied or represented by an Association representative at Step 2any stage of the Grievance/Arbitration procedure, or in any matter relating to this Collective Agreement. 2613 Every effort will be exerted by the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, Employer and the Human Resources DepartmentAssociation to resolve grievances expeditiously. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Unionconsider all grievances on their individual merits. These representatives 2614 Nothing in this Agreement shall constitute preclude settlement of a grievance panel and shall be empowered to make decisions for settling by written mutual agreement between the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor Employer and the Union and shall be binding on each side. In the event Association in any manner whatsoever, or voluntary written extension of a deadlock of the grievance panel, the grievance advances to Step 5stipulated time limits.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as 1. The Guild shall designate a committee of its own choosing to take up with the Employer or its authorized agent any dispute involving matter arising from the interpretationapplication of this Agreement or affecting the relations of the employee and the Employer. 2. Grievance procedure shall be initiated at the chief of bureau or department head level, application where every reasonable effort shall be made to resolve the differences, except that grievances concerning a dismissal or alleged violation of a provision Article 8, Section 2 of this AgreementAgreement may be taken directly to the national level. Grievances The grievance must be submitted in writing to the Employer within 90 calendar days of the occurrence of the event complained of, or disputes in the case of a suspension, within 90 calendar days after written notice of the suspension is delivered to the Guild office in New York. A copy of the letter of suspension shall be sent to the Guild office within 14 days. Provisions of this Article and Article 5 (Arbitration) shall not apply on any grievance submitted more than 90 calendar days after the occurrence of the event complained of. The Guild agrees to inform the Employer in advance of the nature of the grievance. This information, to be supplied in writing, shall include pertinent details of the grievance, such as the names of the employees involved, the dates and, in cases of claimed contract violations, the article or articles on which may arise the grievance is based. Once the grievance notification has been given, the grievance shall be settled only through grievance procedure set forth in this Article or Article 5 (Arbitration); however, only disputes in which it is claimed that an article or articles of this Agreement have been violated may be submitted to arbitration. (a) In cases of grievances involving claims of continuing violations, the following manner:remedy period shall be limited to 90 days prior to the filing of the grievance. Step 1: Within three (3) working . The Employer agrees to meet with the committee within five calendar days after its occurrencerequest for such meeting is received in writing as provided in Section 2 above. A maximum of two members of the grievance committee shall be given time off for such meetings, or more if by mutual agreement. If the Employer denies the grievance at the local level, the aggrieved party Guild shall discuss be notified in writing within five calendar days of the complaint last local meeting. 4. The Employer agrees to meet with Guild representatives at the Division Superintendent national level on any grievance not settled after reasonable effort at the local level, provided, however, that such request for a meeting at the national level must be made within 45 calendar days of the written denial at the local level. Every reasonable effort shall be made to resolve the differences. No grievance may proceed to arbitration under this Article or Article 5 (Arbitration) without a national grievance meeting and, further, provisions of this article and Article 5 shall not apply on any grievance submitted at the Superintendent's designeenational level more than 45 calendar days after the written denial at the local level. Within three (3) additional working The Employer agrees to meet with Guild representatives at the national level within five calendar days the division head will reply after written notice to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth Employer stating the nature of the grievance, unless this time is extended by mutual consent. A maximum of three members of the facts on which it is basedgrievance committee shall be given time off for such meetings. If the Employer denies the grievance at the national level, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works Guild shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted notified in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working five calendar days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding last national level meeting on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5thedispute.

Appears in 2 contracts

Sources: Editorial Unit Agreement, Technology Unit Agreement

GRIEVANCE PROCEDURE. SECTION 1. A grievance is shall be defined as an alleged violation of any dispute of the express terms of this agreement or any question involving the interpretation, interpretation or application or alleged violation of a provision of this Agreementagreement. Grievances or disputes which may arise shall be settled processed in the following manner: Step 1: Within three (3) working days after its occurrence, . Any employee who has a grievance shall reduce the aggrieved party shall discuss the complaint grievance to writing and take up said grievance with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, Chief of Police within ten (10) additional working days, be submitted days of the date the cause of action which resulted in writing, through the grievance first arose or became known to the employee. The employee is entitled to have a representative of the Union present during such discussion with the Chief and a sincere effort to resolve the Director of Public Worksgrievance will be made at this meeting. The written grievance shall set forth the nature following information: (a) a reasonable, concise statement of the grievance stating that part of the agreement which has been violated. (b) a statement of the remedy or relief sought. (c) evidence, documentary if possible, to support this grievance. (d) a statement as to when the cause of action which has resulted in the grievance arose or became known to the employee. The written decision of the Chief will be rendered within five (5) days of receipt of the grievance or, if the parties mutually agree to hold discussions at a later date, the facts on which it is based, the provisions end of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingdiscussions. Step 3: 2. If the grievance decision of the Chief of Police is not settled satisfactorily at Step 2satisfactory to the Union, it may be appealed to the Board of Selectmen within fifteen (15) days of the date of the Chief’s decision or date on which said decision is due, whichever first occurs. At the request of the employee or the Union, the grievance may, within seven (7) additional working days, be submitted in writing Selectmen shall hold a hearing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of discuss the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel Board of Selectmen shall be immediately forwarded issued in writing within twenty-five (25) days of receipt of the grievance, with a copy mailed or delivered in hand to the Mayor and Local Union President. Step 3. If the Union and shall be binding on each side. In the event of a deadlock decision of the grievance panelBoard of Selectmen is not satisfactory, the Union, and only the Union, may submit the grievance advances to Step 5.arbitration within thirty

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving Alleged grievances of members of the interpretationPolice Department in respect to wages, application rates of pay, working conditions or alleged violation other terms or conditions of a provision of employment set forth in this Agreement. Grievances Agreement and which arise under this Agreement or disputes which may arise in connection with the interpretation thereof shall be settled handled in accordance with the following mannerprocedure: Step 1: Within three ▇. ▇▇ individual having a grievance shall present his/her grievance to his/her shift commander within five (35) working calendar days after its occurrenceof the occurrence of the alleged grievance, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designeeemployee’s knowledge of the occurrence of the alleged grievance. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the Said shift commander shall answer said grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working dayscalendar days of receipt thereof. Every effort shall be made to resolve the grievance on this level before resorting to any further formal grievance procedures. If the grievant is not satisfied with the decision of his/her shift commander, be submitted in writing, through he/she shall refer the Union grievance to the Director Executive Board of Public Worksthe IBPO within five (5) calendar days. B. The Executive Board of the IBPO shall within five (5) calendar days of receipt of said grievance arrange for the individual to present his/her alleged grievance at a meeting of the Executive Board. The written grievance It shall set forth be the responsibility of the Executive Board to determine the justification of the alleged grievance. If in the judgment of the Executive Board the nature of the grievancealleged grievance justifies further action, it shall, through the facts on which it is based, the provisions President and Vice President of the Agreement allegedly violatedIBPO, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to present the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, Chief of the Police Department within five (5) calendar days of said meeting. C. The Chief of the Police Department or his/her designeedelegate shall meet with the President or Vice President of the IBPO within five (5) calendar days of receipt of a request from said Officer of the IBPO. If either party feels it is necessary, the individual or individuals involved in the grievance shall be ordered to appear before the Chief of the Police Department and the Human Resources Department. The written materials shall include the nature President or Vice President of the grievance, IBPO for the facts purpose of testifying on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten Within five (105) working calendar days after the entire panel has been designated. Decisions shall be determined when a majority (unless otherwise agreed upon) of the panel (3) favors first meeting between the Chief of the Police Department and the President or Vice President of the IBPO, the Chief shall render his/her decision in writing, a given solution. The copy of the same to be delivered to the President or Vice President of the IBPO. D. If the decision of the panel shall be immediately forwarded Chief of the Police Department is not acceptable to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panelIBPO, the grievance advances shall be referred to Step the Town Manager within five (5) calendar days of receipt of said decision. The Town Manager shall meet the President or Vice President of the IBPO within five (5) calendar days of receipt of a written request from said officer of the IBPO. If either party feels it necessary, the individual or individuals involved in the grievance shall be ordered to appear before the Town Manager and the President or Vice President of the IBPO for the purpose of testifying on the grievance. Within five (5) calendar days (unless otherwise agreed upon) of the first meeting between the Town Manager and the President or Vice President of the IBPO, the Town Manager shall render his/her decision in writing, a copy of the same to be delivered to the President or Vice President of the IBPO. E. If the decision of the Town Manager is not acceptable to the IBPO, the Town Manager will be notified within five (5) calendar days. A committee shall be created for the purpose of meeting and arriving at a final resolution of the problem. This Committee shall be composed in the following manner: ▪ The Chief of the Police Department or some person designated by him/her as his/her representative; ▪ The President of the IBPO or a member of that organization so designated by the President of the IBPO;

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined There shall be established a Canadian Joint Conference Board (see Article XVI) that shall have oversight of the following Grievance Procedure. All disputes and controversies as any dispute involving to the meaning, interpretation, application or alleged violation of any provision of this Agreement shall be treated as a provision grievance and be disposed of as set forth herein, provided, however that in no event shall a local agreement, settlement, understanding or adjustment at the local level be deemed to change, alter, modify or amend the terms or intent of this Agreement. Grievances Any provision in a local Agreement contrary to, or disputes which may arise in conflict with the terms of this Agreement shall not be settled enforced as to any Employers and employees subject to this Agreement. Any arbitration award or settlement under the terms of the local Agreement, or any other settlement, understanding or adjustment contrary to or in conflict with the following manner:terms and intent of this article is subject to the foregoing. Step 1: Within three (3) working days after its occurrence. A grievance shall be filed, the aggrieved in writing, by either party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working daysdays of the circumstances giving rise to the grievance, a copy of which must be submitted in writingsent to the CPFA office, through and an effort shall be made by the representatives of the Union and the Employer to resolve it within a period of ten (10) working days from the Director of Public Works. The written grievance shall set forth the nature filing of the grievance, the facts on which it is based, the provisions . Step 2. Failing Settlement in Step 1: An International Representative of the Agreement allegedly violated, United Association and the relief requested. The Director an Employer Representative shall meet within a period of Public Works shall have seven ten (710) working days thereafter for the purpose of attempting to respond to settle the grievance grievance. Failing settlement in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, may be submitted in writing advanced to the Mayor or, his/her designee, and the Human Resources DepartmentStep 3. Step 3. The written materials shall include the nature grievance may be presented as a request for arbitration by filing it together with a statement of the grievance, or matter to be arbitrated, the facts on dates upon which it is basedoccurred, provisions full particulars of the collective bargaining agreement allegedly violated claim, the parties involved and proposed remediesthe remedy requested with the Canadian Joint Conference Board. A conciliation meeting will copy of such written request shall be held Step 4: If served by the grievance is not settled satisfactorily at Step 3, upon receipt Chairman of the notificationBoard upon the United Association and the Employer or Employers involved and upon the Canadian Pipe Fabricators Association. Thereafter, (a) If, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel date upon which the notice has been designatedserved, neither of the Union or the Employer(s) involved in the grievance serve a written notice upon the Chairman that the grievance be submitted directly to an impartial arbitrator in lieu of a hearing before the Canadian Joint Conference Board as set forth in Step 4, or (b) If, within ten (10) working days of the date the Chairman was served notice as aforesaid, either of the United Association or the Employer(s) involved in the grievance serves a written notice upon the Chairman that it desires the grievance to be submitted directly to an impartial arbitrator in lieu of a hearing before the Canadian Joint Conference Board, the Chairman shall notify the party and the grievance shall then proceed to Step 5, below. Step 4. Decisions The Chairman of the Canadian Joint Conference Board shall set the matter for an arbitration hearing in Toronto, or such other place as the Board may determine, on a date not later than fourteen (14) days, unless a later date is mutually agreed upon, after the expiration of the time period of Step 3. Notice of time and date of such hearing shall be determined when given to the Union and to the Employer or Employers involved to appear and to be heard. The Canadian Joint Conference Board shall render a majority decision within thirty (30) working days after the close of the panel arbitration hearing. Any decision rendered by the Canadian Joint Conference Board shall be final and binding on all parties. If the Canadian Joint Conference Board is unable to reach and does not render a decision within thirty (30) working days after the close of the hearing, or if the Board notifies the parties that it is deadlocked, within a period of thirty (30) days thereafter, the parties shall proceed to Step 6, if necessary. Step 5. The parties shall attempt to agree upon an impartial arbitrator, who thoroughly understands the commercial manufacturing and pipe fabrication industry. In the event the parties cannot agree upon an impartial arbitrator, then within a period of ten (10) working days thereafter, either party may request the appropriate Provincial Ministry of Labour or Arbitration Commission, as the case may be, to submit a list of three (3) favors arbitrators, who understand the commercial manufacturing and pipe fabrication industry, for the position of impartial arbitrator. Within five (5) working days after the receipt of a given solutionlist of candidates from the Ministry of Labour or the Commission as the case may be, the parties shall meet for the purpose of striking names off the list. The party who shall go first shall be decided by winning the toss of a coin. The remaining name after each party has struck one name shall be the impartial (arbitrator) of the Canadian Joint Conference Board. Step 6. Within five (5) working days after the selection of the impartial arbitrator, the parties shall meet and endeavor to prepare a statement of the issues to be decided. If no agreement on such a statement is reached, each party may prepare its own submission to the impartial arbitrator. The decision of the panel impartial arbitrator shall be immediately forwarded final and binding on all parties. The expense of the Canadian Joint Conference Board and of the impartial arbitrator, if required, shall be borne equally by the parties to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5grievance.

Appears in 2 contracts

Sources: Canadian National Standard Agreement for a Commercial Manufacturing and Pipe Fabrication Shop, Canadian National Standard Agreement for a Commercial Manufacturing and Pipe Fabrication Shop

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving Any differences concerning the interpretation, application application, administration or alleged violation of the provisions of this Agreement shall be dealt with in the following manner: Copies of all written submissions by either party as stipulated in grievance procedure must be supplied to the Employer, the Union President and the Unit ▇▇▇▇▇▇▇ or their designated representative(s) at the time of submission. Step 1: The Employee concerned with, in the presence of his/her Unit ▇▇▇▇▇▇▇, submit a provision grievance in writing to his/her Manager or Supervisor who shall reply to the grievor in writing within three (3) publishing days after the grievance was submitted. The Assistant ▇▇▇▇▇▇▇ will accompany the ▇▇▇▇▇▇▇ if the ▇▇▇▇▇▇▇ initiates the grievance. The Manager or Supervisor and the Unit ▇▇▇▇▇▇▇ will meet within four (4) publishing days of when the grievance was submitted to make a genuine attempt to resolve the dispute. Step 2: Failing satisfactory settlement at Step 1, it is agreed that the Manager or Supervisor and another person outside the involved department representing the Employer, the Unit ▇▇▇▇▇▇▇ and one member designated by the local Union Executive, will meet within five (5) publishing days to attempt to resolve the dispute. Step 3: Failing settlement at Step 2, Section 32:00 of the contract will be invoked. The time limits agreed to in this Section will begin the day following the submission of the grievance. 32:00 - Immediately after this Agreement becomes effective a Special Standing Committee of four (4) members shall be elected annually, two (2) members of said committee to be named by the Employer, and two (2) members by the Union. Immediately after the members of the Special Standing Committee have been named, the Employer shall send the names and addresses of its representatives on the Special Standing Committee to the Union, and the Union shall send the names and addresses of its representatives of the Special Standing Committee to the Employer. In case of a vacancy on said Special Standing Committee from any cause, said vacancy shall be filled immediately by selection of a new member by the party in whose representation on the Special Standing Committee the vacancy occurs. Each party shall notify the other party immediately of any change in its representation on the Special Standing Committee. If at any time either party desires that one of its representatives on the Special Standing Committee shall appear in the capacity of advocate before the committee provided for in this section, said representative shall resign from the committee and a new representative shall be selected in the manner hereinbefore provided. Members of the Special Standing Committee may be represented by proxies. 32:01 To the Special Standing Committee shall be referred all questions which may arise as to this Agreement, the construction to be placed upon any clause of this Agreement, or alleged violations thereof, which cannot be settled otherwise, and all disputes regarding discharges. Grievances The Special Standing Committee must meet within five (5) publishing days from the date on which either party hereto, through its authorized representative, notifies the other party in writing that a meeting is desired, setting forth briefly the specific question to be presented, and shall proceed forthwith to attempt to settle any question raised by either party in the written notification. It is definitely understood and agreed that the Special Standing Committee must meet within the five (5) publishing days prescribed herein upon notification in the manner herein provided. It is understood and agreed that the Special Standing Committee is established by the terms of this Agreement for the settlement of the disputes hereinbefore enumerated, and that the Special Standing Committee is the proper body to take up such disputes and to settle them in the manner herein provided. 32:02 The Special Standing Committee shall have complete jurisdiction over all the aforesaid disputes as provided herein. The Special Standing Committee shall have no jurisdiction over the settlement of any new agreement relating to wages, hours and working conditions. 32:03 The Special Standing Committee shall have complete power to reinstate a discharged employee or to confirm the discharge and either the order of reinstatement or the order confirming a discharge shall be final and binding on the parties hereto. If a discharged employee is reinstated by the Special Standing Committee, restitution for lost wages shall be directed by the Special Standing Committee. 32:04 In discharge cases notice of intention to appeal to the Special Standing Committee must be given directly to the Special Standing Committee by the discharged employee through the Executive Committee of the Union within ten (10) publishing days after Section 16:00 has been completed, or the right to appeal shall be lost. 32:05 It shall require the affirmative votes of at least three (3) of the four (4) members of the Special Standing Committee to decide the issues, and the decision of the Special Standing Committee in all cases shall be final and such decision shall be binding on the parties hereto. 32:06 If the Special Standing Committee cannot reach an agreement on any dispute within ten (10) publishing days (this time may be extended by unanimous agreement) from the date on which a dispute is first considered by it, at the request of either party hereto the members of the Special Standing Committee shall form a two-person committee and shall select a third member who shall be a disinterested party and who shall act as chairperson of the committee. Said third member may be selected in any manner agreed upon by the two-person committee. Should this two-person committee be unable to agree upon a third person within five (5) publishing days, the third person shall be selected in accordance with the Provincial Labor Act. 32:07 It shall require the affirmative votes of at least two (2) members of the three (3) members of the three-person committee to decide the issues and any decision thus rendered shall be final and binding on the parties hereto. 32:08 All expenses of the third person shall be shared equally by the Employer and the Union. 32:09 In connection with any difference or disputes which may arise shall be settled in between the following manner: Step 1: Within three (3) working days after its occurrence, parties to this Agreement during the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature life of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notificationcontract, both parties shall have seven (7) working days agree that they will abide by all provisions of this section, and will not request or accept release from their commitment to designate two (2) representatives selected arbitrate any dispute which may properly be settled by the City Special Standing Committee, provided, that local union laws not affecting wages, hours or working conditions and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority Laws of the panel (3) favors a given solution. The decision of the panel International Typographical Union shall not be immediately forwarded subject to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5arbitration.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any Any dispute involving between the Employer and a Local Union relating to the interpretation, application or alleged violation of a provision administration of this Agreement. Grievances Agreement or disputes which may arise any violation thereof shall be settled resolved without stoppage of work in the following manner: Step 1: Within three C10.1 The Job ▇▇▇▇▇▇▇ shall attempt to resolve the dispute on the job with the employee and the supervisor. C10.2 If the dispute is not resolved within forty-eight (34) working days after its hours of the occurrence, the aggrieved party shall discuss submit the complaint with difference and the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply remedy sought in writing to the complaint. The employee may have his Secretary of the Local Union representative present. Step 2: If and the grievance is not settled satisfactorily at Step 1authorized Representative of the Employer within sixty (60) days of occurrence, or in the grievance shallcase of alleged unjust discharge, within ten (10) additional working days, days of occurrence. Failure to submit the dispute in writing within the specified time periods shall result in the matter being deemed to be submitted in writing, through the Union to the Director of Public Workswaived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for 2020/2023 - C7 - TM-D in this Agreement. C10.3 If the dispute is not resolved within five (5) days of receipt of written grievance submission, the matter shall set forth be referred to a Pipeline Industry Grievance Panel. C10.4 A Pipeline Industry Grievance Panel shall be drawn within ten (10) days from among the nature regular and alternate members of the grievance, the facts on which it is based, the provisions Canadian Pipeline Advisory Council or their designated substitutes. The Chairman of the Agreement allegedly violated, and the relief requested. The Director of Public Works Advisory Council shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate appoint two (2) representatives selected by of the City participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating employers to serve on the Panel. C10.5 In no case and at no time shall representatives of the Union or the Employer involved in the grievance be appointed to the Panel. C10.6 The Pipeline Industry Grievance Panel shall meet and render a decision within five (5) days of appointment. A unanimous decision of the Panel shall be final and binding. C10.7 Failing settlement under the above steps within the prescribed time limits, the matter shall be referred, within forty-eight (48) hours, to an Arbitrator selected by the Employer and the Union. These representatives shall constitute a grievance panel and If no Arbitrator can be agreed upon within forty-eight (48) hours, then application shall be empowered made to make decisions the appropriate governmental authority over labour matters for settling the grievanceappointment of an Arbitrator. The grievance panel must make its determination within ten Arbitrator shall render his decision with fourteen (1014) working days after the entire panel has been designated. Decisions shall days, however, this time limit may be determined when a majority of the panel (3) favors a given solutionextended by mutual consent. The decision of the panel Arbitrator shall be immediately forwarded final and binding. C10.8 The Arbitrator shall have the right to determine whether any matter referred to him is arbitrable. He shall also have the Mayor and authority to award compensation or any other relief he deems advisable to an aggrieved employee. He shall not alter, amend or change the Union and terms of this Agreement. Each party shall equally share the expense of the Arbitrator. C10.9 Pending settlement of any grievance, it is agreed that the work shall be binding on each sideprosecuted without slowdown, work stoppage or lockout. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.2020/2023 TM-D

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. A. Any employee grievance must be submitted to the chapel chairperson within 15 working days of its first coming to the attention of the affected party. B. A grievance is defined as any must first be brought to the attention of the union chapel chairperson who will attempt to resolve the dispute involving with the interpretationdepartment head within 48 hours. C. If the grievance cannot be resolved within the specified time it shall be submitted to the Joint Standing Committee. A grievance lodged by the employer shall be submitted directly to the joint standing committee. D. A standing committee of two representatives of the employer, application and a like committee of two representatives of the union, shall be appointed. The committee representing the union shall be selected by the union, and in such case of vacancy, absence or alleged violation refusal of a provision either of this Agreementsuch representatives to act, another shall be appointed in their place. Grievances or Union representatives shall be granted paid time to attend standing committee meetings when meetings are held during normal working hours. E. The joint committee shall meet within 5 days to deal with all disputes which may arise as to the wages herein provided, the construction to be placed upon any clause of the agreement, or alleged violations thereof, which cannot be settled otherwise. Such joint committee shall meet at a mutually satisfactory time to the parties when any questions of difference shall have been referred to it for decision by the executive officers of either party to this agreement. If a majority decision is reached by the joint standing committee, it shall be settled in binding upon both parties. F. Should the following manner: Step 1: Within three (3) working joint committee be unable to agree, then either party may refer the matter to arbitration within 15 days. The parties agree to the use of a sole arbitrator, who will be mutually agreed upon. The arbitrator shall conduct the hearing within 20 days after its occurrence, from the aggrieved date when either party shall discuss the complaint with the Division Superintendent or the Superintendent's designeerequested arbitration. Within three (3) additional working 10 days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature completion of the grievance, hearings the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works arbitrator shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, render his/her designee, and the Human Resources Departmentdecision. The written materials arbitrator's decision shall include be final and binding on both parties. However, in no event shall the nature arbitrator have the power to alter or amend this agreement in any respect. Wherever a stipulated time is mentioned in this section, the said time may be extended by mutual consent of the grievance, parties or the facts on which it is based, provisions representatives. The cost of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will arbitrator shall be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected borne equally by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5parties.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. A 12.1 It is the mutual desire of the parties hereto that grievances be adjusted as quickly as possible. Any grievance is defined as any dispute involving arising from the interpretation, application or alleged violation of a provision interpretation of this AgreementAgreement shall first be discussed with the supervisor concerned by the employee involved and/or the Guild as soon as possible or within thirty (30) days of discovery of the incident or occurrence giving rise to the grievance whichever is sooner. Grievances or disputes which may arise The supervisor’s response to the grievance shall be settled given no later than five (5) days after said discussion and shall be provided to the employee and the Guild. Failing settlement the grievance may be taken up in the following manner:manner and sequence provided it is presented within fifteen (15) days of the supervisor’s reply. Step 1: Within three 12.2 The Guild may designate a Standing Committee, of whom not more than five (35) working days after its occurrence, the aggrieved party shall discuss the complaint take up with the Division Superintendent Company or its representatives any matter arising from the Superintendent's designee. Within three (3) additional working days application or interpretation of the division head will reply Agreement and the Company or its representatives agree to the complaint. The employee may have his Union representative presentmeet them as hereinafter set out. Step 2: 12.3 If the any grievance submitted in accordance with 12.1 hereof is not settled satisfactorily at Step 1within the period provided therein (which time may be extended by mutual agreement), the grievance shall, may be referred by notice given by the Standing Committee within ten a further period of forty (1040) additional working days, be submitted in writing, through the Union days to the Director of Public WorksCompany or its representatives. The written grievance Company or its representatives shall set forth meet with the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, Standing Committee within seven (7) additional working days, days following receipt of such notice (which time may be submitted extended by mutual agreement). The Company or its representatives shall submit its answer in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be heldStanding Committee within seven (7) days after such meeting. Step 4: 12.4 If the any such grievance is not settled satisfactorily at Step 3, upon receipt of within the notification, both parties shall have seven period provided (7) working days to designate two (2) representatives selected which time may be extended by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panelmutual agreement), the grievance advances may be referred to Step 5arbitration by the Standing Committee in accordance with the procedure set forth in Article 18 (Arbitration) of this Agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as During the term of this Agreement, any dispute involving difference concerning the interpretationdismissal, application discipline or suspension of an employee or the inter- pretation, application, operation or any alleged violation of a provision of this Agreement. Grievances or disputes which may arise , including any question as to whether any is arbitrable, shall without stoppage of work, be the subject of collective bargaining between the Union and the Corporation and shall be finally and conclusively settled in under and by the following manner: Step 1follow- ing procedure: Within three (3) working days after its occurrenceIn the first instance, the aggrieved party grievance shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply be stated in writing, and submitted to the complaint. The employee may have his Union representative present. Step 2: If Department Head directly concerned, and if the alleged grievance is not settled satisfactorily at Step 1within five (5) days, the letter of grievance shall be referred to the Griev- ance The grievance shall be brought before the Association's Grievance Committee, who in turn, will meet with the Corporation's within five (5) days of the presentation of the grievance, and make every effort to settle the matter. Should no settlement be reached within five (5) full working days, the grievance shallshall be referred to a Board of Arbitration. The Board of Arbitration shall consist of one nominee appointed by the Corporation and one appointed by the Association. These two nominees shall name a third member who shall be Chairman within three days. Should the nominees of the respective parties fail to select a Chairman, within then either party to the Agreement may apply to the Minister of Labour for the Province of British Columbia to appoint such third member. The expenses and coinpensation to the arbi- trators shall be borne by the respective parties. The expenses and compensation for the Chairman shall be borne equally between the parties. Within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievancedays following its initial meeting, the facts on which it is based, the provisions Board of the Agreement allegedly violated, Arbitration shall reach a decision and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solutionfindings made known. The decision of the panel shall be immediately forwarded to the Mayor final and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5parties.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any Any dispute involving between the Employer and a Local Union relating to the interpretation, application or alleged violation of a provision administration of this Agreement. Grievances Agreement or disputes which may arise any violation thereof shall be settled resolved without stoppage of work in the following manner: Step 1: Within three The Job ▇▇▇▇▇▇▇ shall attempt to resolve the dispute on the job with the employee and the supervisor. If the dispute is not resolved within forty-eight (34) working days after its of the occurrence, the aggrieved party shall discuss submit the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, difference and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted remedy sought in writing to the Mayor or, his/her designee, Secretary of the Local Union and the Human Resources Departmentauthorized Representative of the Employer within sixty (60) days of occurrence, or in the case of alleged unjust discharge, within ten days of occurrence. Failure to submit the dispute in writing within the specified time periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. If the dispute is not resolved within five (5) days of receipt of written materials submission, the matter shall include be referred to a Pipeline Industry Grievance Panel. A Pipeline Industry Grievance Panel shall be drawn within ten days from among the nature regular and alternate members of the grievance, the facts on which it is based, provisions Canadian Pipeline Advisory Council or their designated substitutes. The Chairman of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties Advisory Council shall have seven (7) working days to designate appoint two (2) representatives selected by of the City participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating employers to serve on the Panel. In no case and at no time shall representatives of the Union or the Employer involved in the grievance be appointed to the Panel. The Pipeline Industry Grievance Panel shall meet and render a decision within five (5) days of appointment. A unanimous decision of the Panel shall be final and binding. Failing settlement under the above steps within the prescribed time limits, the matter shall be referred, within forty-eight (48) hours, to an Arbitrator selected by the Employer and the Union. These representatives shall constitute a grievance panel and If no Arbitrator can be agreed upon within forty-eight (48) hours, then application shall be empowered made to make decisions the appropriate governmental authority over labour matters for settling the grievanceappointment of an Arbitrator. The grievance panel must make its determination within ten Arbitrator shall render his decision with fourteen (1014) working days after the entire panel has been designated. Decisions shall days, however, this time limit may be determined when a majority of the panel (3) favors a given solutionextended by mutual consent. The decision of the panel Arbitrator shall be immediately forwarded final and binding. The Arbitrator shall have the right to determine whether any matter referred to him is arbitrable. He shall also have the Mayor and authority to award compensation or any other relief he deems advisable to an aggrieved employee. He shall not alter, amend or change the Union and terms of this Agreement. Each party shall equally share the expense of the Arbitrator. Pending settlement of any grievance, it is agreed that the work shall be binding on each side. In the event of a deadlock of the grievance panelprosecuted without slowdown, the grievance advances to Step 5work stoppage or lockout.

Appears in 1 contract

Sources: Master Agreement

GRIEVANCE PROCEDURE. 6.01 A grievance is defined as used in this Agreement shall mean any dispute involving difference arising between the company and an employee, a group of employees or the union as to the interpretation, application application, administration or alleged violation of a provision the provisions of this Agreement. Grievances or disputes which may arise . (a) A grievance relating to an individual employee shall be settled presented in accordance with Article 6.03; (b) Grievances from two (2) or more employees which are sufficiently common in nature that they may be dealt with together, shall be presented in accordance with Article 6.04; (c) A Grievance which arises directly between the following manner: Step 1: Within three (3) working days after its occurrence, Union and the aggrieved party Company shall discuss be presented in accordance with Article 6.04 of the complaint with collective agreement by either of the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply Parties to the complaintother. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall All grievances as set forth in Article 6.01 shall be presented in writing on a form setting out the nature of the grievance, stipulating the facts on which it is basedremedy required, and setting out the provisions particular section(s) of the Agreement collective agreement that are allegedly violated, and the relief requestedinfringed. The Director of Public Works shall have seven (7) working days grievance form must also be signed and dated. 6.02 An employee should attempt to respond settle any complaints or disagreements with the employee’s immediate supervisor first. If a decision satisfactory to the employee is not given, then a grievance shall be filed in the following manner. 6.03 The grievance shall be presented: 6.04 The grievance shall be presented: 6.06 Each step to be taken under the Grievance Procedure and reference to arbitration shall be taken within the time limits set forth in this Article or the matter shall be deemed to have been abandoned. 6.07 Any and all of the time limits fixed by this Article for the taking of action by either party or by an employee may at any time be extended by mutual agreement in writing. Step 3: 6.08 The Union shall notify the Company in writing of the names of the employees appointed by the Union as Stewards and members of the Grievance Committee. Such employees shall have completed their probationary period in accordance with Article 13.01 and their number in the aggregate shall not be more than four (4). 6.09 The Company shall notify the Union of the names of the Company representatives and designated alternates appointed for purposes of the Grievance Procedure. 6.10 If it is necessary for an employee who is an officer of the Union, ▇▇▇▇▇▇▇, Grievance Committee member or grievor(s) to take time off during regular working hours to attempt to settle a grievance, permission shall not be unreasonably withheld and the employee shall not suffer any loss of regular pay or seniority. If the grievance is not settled satisfactorily at Step 2performance of the employee’s duties necessitate the individual to be absent from a scheduled work assignment, the grievance may, within seven (7) additional working days, be submitted in writing individual must provide their immediate supervisor with reasonable notice and obtain permission before leaving their work to the Mayor or, his/her designee, perform union duties. 6.11 In order to facilitate an orderly and the Human Resources Department. The written materials shall include the nature confidential investigation of the grievancegrievances, the facts on which it is based, provisions of employer shall make available the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event temporary use of a deadlock of meeting room on the grievance panelpremises during normal working hours, the grievance advances to Step 5providing such room is available.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 16:01 All differences between the interpretationEmployer and the Union regarding the interpretations, application application, operation or alleged violation of this Agreement shall be settled without stoppage of work or lockout by negotiation as hereafter provided. 16:02 Either the Union or the Employer may institute a provision grievance under the terms of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply If they fail to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, settle same within ten (10) additional working calendar days, be submitted in writing, through either of the Union parties may proceed under sub-article 16:05. 16:03 An aggrieved Employee shall submit his complaint to the Director ▇▇▇▇▇▇▇ or in his absence to the Business Manager and / or Business Representative of Public Works. The the Union, who shall endeavor to settle the complaint between the Employee and his immediate supervisor. 16:04 If the complaint is not settled within two (2) days, excluding Saturday, Sunday and holidays, it may be referred in writing to the Project Manager and an Official Representative of the Union. 16:05 If the parties fail to reach an agreement under the above steps either party may, by written grievance shall set forth notice to the other party stating the nature of the grievancedifference, require the facts on which it is based, establishment of an Arbitration Board. Such written notice must be served within the provisions ten (10) days following the completion of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingpreceding steps. Step 3: If 16:06 Each party shall appoint one (1) member as its representative on the grievance is not settled satisfactorily at Step 2, the grievance may, Arbitration Board within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Departmentdays of such notice. The written materials two (2) members so appointed shall include the nature endeavor to select an independent Chairman. 16:07 If either of the grievance, parties fail to appoint its representative on the facts on which it is based, provisions of Arbitration board within the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have required seven (7) working days to designate days, such action shall be deemed as acceptance of the other party’s position in the grievance. 16:08 If the two (2) representatives selected by members fail to select a Chairman within five (5) days after the City and day on which that last of the two (2) representatives selected by members is appointed, they shall request the UnionMinister of Labour to select a Chairman. 16:09 The Arbitration Board may not change, modify or alter any of the terms of this Agreement. These representatives All differences submitted shall constitute a grievance panel present an arbitrable issue under this Agreement, and shall be empowered to make decisions for settling the grievance. not depend on or involve an issue or contention by either 16:10 The grievance panel must make Arbitration Board shall give its determination within ten decision not later than fourteen (1014) working days after the entire panel has been designated. Decisions shall be determined when a majority appointment of the panel Chairman except that, with the consent of both parties, such limitation of time may be extended. 16:11 Each party to the differences shall bear the expenses of its respective nominee to the Arbitration Board and the two (32) favors a given solution. The decision parties shall bear equally the expenses of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5Chairman.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance ‌ 4.01 The parties to this Agreement are agreed that it is defined as any dispute involving of utmost importance to adjust complaint and grievances concerning the interpretation, application interpretation or alleged violation of a provision this Agreement as quickly as possible. A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement. 4.02 The Corporation acknowledges the right of the Union to appoint or otherwise select a Grievance Committee of four (4) members who shall be employees of the Corporation. The Union shall endeavour to choose member(s) from each section (Public Works, Water/Wastewater and Parks & Open Space). The members of such committee shall be communicated to the Corporation. 4.03 Grievances shall be submitted in writing, signed by the aggrieved Employee, contain the nature of the grievance, the remedy sought, the specific sections of the Agreement which are alleged to have been violated, and filed within five (5) full working days from the time the Employee became aware of the event giving rise to the grievance. 4.04 The Employee shall, where practical, first discuss the issue with their immediate Supervisor and the Employee may be accompanied by his/her ▇▇▇▇▇▇▇ or designate. 4.05 The Employee may be accompanied by his/her ▇▇▇▇▇▇▇ or designate during all steps of the grievance procedure or at any grievance meetings with the Employer. Grievances or disputes which may arise shall properly arising under this agreement will be adjusted and settled in the following manneras follows: Step STEP 1: The aggrieved employee(s) shall, within five (5) working days of the alleged grievance, submit the grievance in writing to the Chairperson of the Union Grievance Committee. STEP 2: If the Grievance Committee of the Union considers the grievance to be justified, within three (3) working days of the submission of the grievance to the Union Grievance Committee the Grievor(s) together with his/her ▇▇▇▇▇▇▇ or member of the Union Grievance Committee, shall first seek to settle the dispute with their immediate Non- Union Supervisor. The Supervisor shall give his/her reply in writing within five (5) working days. STEP 3: Within three (3) working days after its occurrencethe decision is given under Step #2, the Union and the aggrieved party shall discuss employee may submit the complaint with grievance to the Division Superintendent or Manager and the Superintendent's designeeUnion and the employee shall meet as promptly as possible with such persons as management may desire to consider the grievance. The appropriate Division Manager will render his decision in writing within five (5) working days. STEP 4: Within three (3) additional working days after the division head decision is given in Step #1, failing satisfactory settlement, the Union and the aggrieved Employee will reply present the grievance to the complaint. The employee may have his Union representative present. Step 2: If Director, who will consider it in the grievance is not settled satisfactorily at Step 1presence of the Employee(s), the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requestedSupervisor. The Director of Public Works shall have seven render a decision in writing within five (75) working days to respond to following presentation of the grievance in writingto them or any extended timeline as mutually agreed to by both parties. Step STEP 5: Within three (3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of decision is given under Step # 2, failing satisfactory settlement, the panel (3) favors a given solution. The decision of Union and the panel shall be immediately forwarded aggrieved Employee will submit their grievance to the Mayor City Manager and the Union and shall the Employee, will meet as promptly as possible with such persons as Management may desire, to consider the grievance. At this stage, the Union and the Employee will be binding on each sideaccompanied by a full-time representative of the Union if their presence is requested by either party. The City Manager will render a decision in writing within five (5) working days. 4.06 If final settlement of the grievance is not reached at Step #5, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be 4.07 Any grievance instituted by Management will be referred in writing to the Union within three (3) full working days of the occurrence of the circumstances giving rise to the grievance, and the Union will meet within three (3) working days thereafter with Management to consider the grievance. If final settlement of the grievance is not completed within five (5) working days of such meeting, the grievance will be referred by either party, to a Board of Arbitration as provided in Article 3 at any time within twenty (20) calendar days thereafter, but not later. 4.08 In the event of a deadlock grievance which affects all or a substantial number of the Employees in the Bargaining Unit or the interest of the Union itself, a group grievance panelor policy grievance may be filed on behalf of such Employees by the Union, provided it is signed by an officer of the Union or the employees concerned. Such grievance will commence at Step # 3. 4.09 Replies to grievances will be in writing at all stages. 4.10 The Employer will supply the necessary facilities for the grievance advances meetings. 4.11 An Employee considered by the Union to Step 5be discharged or suspended contrary to the terms of this Collective Agreement, will be entitled to a hearing under Article 4 - Grievance Procedures, Steps #1, # 2 and #3 of the Grievance Procedure will be omitted in such cases.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. 21.1 A grievance is defined as any a dispute involving or disagreement as to the interpretation, interpretations or application or alleged violation of a provision the specific terms and conditions of this Agreement. Grievances or disputes which may arise The purpose of the grievance procedure shall be settled to settle between the City and the Union on as low a level as practical and as quickly as possible so as to insure efficiency and promote employees' morale. Failure by the employee to submit the grievance in accordance with the time limits specified in each step shall constitute an abandonment of the grievance. Failure by the City to submit a reply within the specified time limits shall be treated the same as if the grievance had been denied and therefore may be appealed to the next step in accordance with the time limits provided herein. Any and all time limits specified in the grievance procedure may be waived by mutual agreement of the parties. Employees may present individual or collective grievances to the Union who, as a representative of these employees, may present this grievance; but, if it is to be presented, it must be done within three (3) working days from the time of its alleged occurrence or whenever an employee becomes aware of its existence, in the following manner: Step (1: Within three ) The aggrieved employee and shop ▇▇▇▇▇▇▇ shall discuss the grievance with the employee's immediate supervisor. The immediate supervisor shall give a verbal answer to the employee’s grievance within the next twenty-four (24) hours of the supervisor’s work schedule. (2) If this is not satisfactory to the employee, an appeal may be taken to the Department Head by the aggrieved employee with the approval of the Union through its duly authorized representative, or agent, in writing, with an answer to be given within two working days. Said written grievance to be presented on a Grievance Form and said form shall provide clear identification of the grievant employee to include the employee's name, classification, date hired, work location by division and the name of their immediate supervisor. Said form shall be signed by the employee and the members of the Grievance Committee, members elected by the employees and/or representatives of the Union having the right to investigate all grievances. Said Grievance Form shall provide adequate space so that a description of the grievance can be given, the specific section(s) of the contract alleged to be violated, the settlement desired, the signature and date of the employee, the signature of the Union representative, space for management's reply, the signature of the person representing management, the date, space for grievant to indicate whether or not said decision is or is not satisfactory to the grievant employee and space for said employee's signature and date to indicate same. The Grievance Form shall be prepared in two (2) copies with one going to the Union and one going to the City. (3) working days after its occurrenceIf the reply and decision given by the Department Head is not satisfactory to the employee, an appeal may be taken to the City Manager by the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through and the Union to Grievance Committee on the Director of Public Works. The written grievance required Grievance Form; and said City Manager after holding a hearing or hearings, shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have give an answer within seven (7) working days to respond days. (4) If the City Manager’s decision is not satisfactory, the matter may be appealed to the grievance American Arbitration Association or other mutually agreed upon third party within thirty (30) working days. Appeals shall be in writing. Step 3: If writing with a copy of the application served simultaneously upon the other party. The American Arbitration Association shall interpret and apply this Agreement but they shall not have power of authority to add or subtract from this Agreement. Their decision shall be final and binding on both parties and all parties agree to abide by the Arbitrators award. Each party shall bear the expense of its own representative(s) at the arbitration proceedings; and the expense of the arbitrators' services shall be borne by the party against whom the arbitrator rules. The Arbitrator shall be required to designate this party in their decision. Grievance Committee members elected by the employees and/or representatives of the Union shall have the right to investigate all grievances. The designated Union representative, along with the aggrieved party, will be allowed to transact the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Departmentprocedure on City time. The written materials shall include supervisor has the nature right to limit such discussion to a reasonable period on the day of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A 6.01 An employee and his s▇▇▇▇▇▇ may discuss any grievance is defined as any dispute involving with the interpretationimmediate supervisor. In the employee’s absence, application or alleged violation of a provision of this Agreement. Grievances or disputes which the s▇▇▇▇▇▇ may arise shall be settled discuss the grievance or, in the following manner: Step 1: Within three (3) working days after its occurrences▇▇▇▇▇▇’▇ absence, the aggrieved party shall discuss employee may be accompanied by another employee in an emergency. The supervisor must inform the complaint with the Division Superintendent s▇▇▇▇▇▇ or the Superintendent's designee. Within three employee of his decision within one (31) additional working days the division head will reply to the complaint. The employee may have his Union representative presentbusiness day or within a mutually agreed time frame. Step 2: 6.02 If the grievance is a settlement cannot settled satisfactorily at Step 1be reached under 6.01 above, the grievance shall, shall be stated in writing and presented to the Director of Operations or his representative within ten (10) additional working daysbusiness days of the date the cause of action arose. Notwithstanding that deadline, the parties agree that all reasonable efforts shall be submitted in writing, through made to present a grievance as soon as possible within less than such ten (10) business days so as to settle the Union to the grievance as quickly as possible. 6.03 The Director of Public Works. The written Operations shall hold a meeting with the Union’s grievance shall set forth committee, which may be accompanied by representatives from the nature International Union, within four (4) business days of the presentation of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works Operations shall have seven inform the Union and the employee or employees concerned of his decision in writing within five (75) working business days to respond to of the grievance in writingmeeting or within a mutually agreed time frame. Step 3: 6.04 The Union shall be entitled to file collective grievances or grievances of a general nature In accordance with 6.02 above. Similarly, the Employer may file a grievance by addressing the Union office directly. 6.05 If the a grievance is not settled satisfactorily at Step 2pursuant to the foregoing sections of this Article, either party may give the other written notice of its intention to refer the grievance mayto arbitration in accordance with Section 100 of the Labour Code of Province of Quebec, within seven thirty (730) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature days of the grievance, decision by the facts on which it is based, Director of Operations or his representative. 6.06 The procedure and deadlines established under the provisions of Article 6 of this agreement shall be firm and may not be amended except pursuant to a written agreement between the collective bargaining agreement allegedly violated authorized representatives of the parties in question. 6.07 a) The arbitrator shall hear and proposed remedies. A conciliation meeting will be held Step 4: If resolve the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and render an award which shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor final and the Union and shall be binding on each side. In the parties in question and any concerned employee, but in no event shall the arbitrator have the authority to change, modify or amend any part of a deadlock of the grievance panel, the grievance advances to Step 5this agreement.

Appears in 1 contract

Sources: Collective Labour Agreement (Pioneer Power Solutions, Inc.)

GRIEVANCE PROCEDURE. A 5.01 If an employee believes that he has been unjustly treated by the Company or that any of the provisions of this Agreement affecting him have not been properly complied with, he shall take up his case directly with his immediate supervisor within five (5) days of the alleged unjust treatment with or without a ▇▇▇▇▇▇▇. If the matter is still unresolved, the grievance procedure set forth below shall be followed. Step 1 The aggrieved employee may, with or without the ▇▇▇▇▇▇▇, present the grievance in writing, in duplicate, in the case of the Production Department to the Area Team Leader and in the case of the Laboratory to the Lab Team Leader who shall consider it in the presence of the person or persons presenting same, and render the decision in writing. Should no settlement satisfactory to the employee be reached within five (5) days the next step on the grievance procedure may be taken at any time within ten (10) days thereafter. Step 2 The aggrieved employee may, with or through the Grievance Committee, submit the grievance to the Production Manager or Designated Management Appointee, as appropriate, and they shall meet within five (5) days to consider the grievance. At this step, they may be accompanied by the representative of the National Union, if the representative's presence is requested by either party. 5.02 If at this step final settlement of the grievance is defined as any dispute involving not completed within ten (10) days, and if the grievance is one which concerns the interpretation, application application, or alleged violation of a specific provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shallmay be referred by either party to an Arbitrator as provided in Article 6, at any time within ten thirty (1030) additional working daysdays thereafter, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingbut not later. Step 3: If 5.03 Where more than one employee files a grievance regarding the same issue the parties may agree to handle the individual grievances jointly. Where they are dealt with in this manner the procedure for handling them will be worked out by the parties. 5.04 Any difference or grievance is not settled satisfactorily at Step 2, arising directly between the grievance may, within seven (7) additional working days, parties to this Agreement may be submitted in writing and will be heard at Step 2. 5.05 The time limits specified in this Article shall be deemed to be exclusive of Saturdays, Sundays, recognized holidays, vacations of the Mayor or, his/her designeeaggrieved employee and the appropriate Leadership representatives involved, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working aggrieved employee's regular days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5off.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. 12:01 Grievances or disputes which may arise shall be settled dealt with in the following manner:manner provided such grievances are filed in writing within 15 working days of the occurrence of the incident which gave rise to the matter in dispute. Any employee or group of employees of the Fire Services covered by this agreement who is of the opinion that the employee has been unjustly disciplined, suspended, superseded, discharged, or unreasonably denied leave of absence, shall have the right to have the case investigated and to be represented by a Committee of the Association. Step STEP 1: Within three The employee assisted by an officer of the Association shall discuss the case with the Fire Chief within 15 working days of filing the grievance, barring any unforeseen circumstances for either party. The Fire Chief shall render his decision in writing together with the reason therefore, within five (35) working days after its occurrence, of the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presenthearing. Step STEP 2: If the grievance is Committee considers that a satisfactory settlement was not settled satisfactorily reached at Step 1, it may within five (5) working days of receipt of the Step 1 reply request a hearing within 15 days of the request, barring any unforeseen circumstances by either party, by the Commissioner of Human Resources, or designated representative. Such request shall state the reason or reasons the answer at Step 1 was unsatisfactory and in what manner the City's interpretation of the contract clause in question is disputed. The Commissioner of Human Resources or his designated representative shall render a decision within five (5) working days of the hearing. STEP 3: If the Committee considers that a satisfactory settlement was not reached at Step 2, it may within five (5) working days of receipt of the Step 2 reply, request a hearing by the Chief Administrative Officer. This hearing shall be held within 15 working days of the request, barring any unforeseen circumstances by either party. The Chief Administrative Officer shall render a decision within five (5) working days of the hearing. STEP 4: If the Committee considers that a satisfactory settlement was not reached at Step 3, it may within five (5) working days of receipt of the Step 3 reply, request that the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union referred to Arbitration pursuant to the Director Fire Protection and Prevention ▇▇▇ ▇▇▇▇. 12:02 In the event that any employee or group of Public Worksemployees who have been unjustly discharged or suspended shall be reinstated as the result of such settlement of any disagreement as aforesaid, such reinstatement shall be made without loss of time, pay or seniority to such employee. 12:03 No employee shall be discharged or disciplined except for just and sufficient cause. In any discharge or discipline grievance, an Arbitration Board or single Arbitrator shall have the power to dispose of the grievance by any arrangement, which in the opinion of the Arbitration Board or single Arbitrator, it is deemed to be just and equitable. 12:04 Any employee or group of employees having a grievance which the employee wishes the Committee of the Association to represent for such employee shall put the grievance in writing on the grievance form adopted by the Association. The written grievance shall set forth the nature Committee of the grievanceAssociation shall abide by the steps on the grievance form. 12:05 In the matter of a grievance a Board of Arbitration or Arbitrator shall not alter, the facts on which it is basedmodify or amend any part of this agreement or make any decision inconsistent with its provisions, or the provisions of the Agreement allegedly violatedFire Protection and Prevention Act, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing1997. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A 6.01 The parties to this agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 6.02 No grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in considered (i) which takes over or displaces the following manner:function of management, or Step 1: Within three (3ii) working days after its occurrence, where the aggrieved party shall discuss the complaint with the Division Superintendent circumstances giving rise to it occurred or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within originated more than ten (10) additional full working days, be submitted days before the filing of the grievance, (iii) unless the Employee has first given his immediate supervisor an opportunity to adjust his complaint. 6.03 Failing a satisfactory resolution as outlined in writing, through 6.02 (iii) the Union shall submit a written grievance to the Director of Public Works. The written grievance shall set forth the nature of the grievanceLabour Relations, the facts on which it is basedor their designate, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after of an issue being identified. The Director of Employee and Labour Relations, or their designate shall, where practicable, meet with the entire panel has been designated. Decisions shall be determined when a majority Grievance Committee, the grievor, and the ▇▇▇▇▇▇▇ if necessary, within fifteen (15) working days of the panel (3) favors a given solutionreceipt of the grievance. The decision Director of Employee and Labour Relations, or their designate will issue a response in writing to the Chairperson of the panel shall be immediately forwarded to Grievance Committee within ten (10) working days of the Mayor and the Union and shall be binding on each sideabove meeting. In the event the Director of Labour Relations, or their designate, denies the grievance, they shall state the reasons in writing. 6.04 Where a deadlock satisfactory settlement of the grievance panelmatter in dispute is not reached, the said matter may be referred to Arbitration under the provisions of Article 7 within thirty (30) calendar days of the receipt of the Director of Employee and Labour Relations, or their designates, response. By agreement of the parties unresolved grievances may be referred to mediation and or mediation/arbitration. The mediator shall be selected by mutual agreement of the parties and expenses shall be shared equally. 6.05 The City (HSR) and the Union agree to abide by the terms of the Ontario Human Rights Code. Any hourly/salary-rated Employee who may consider that he has been discriminated against or harassed by any member of the supervisory staff shall discuss the case with a member of the Grievance committee within two (2) working days of the occurrence, giving rise to same. If the committeeman consulted does not feel that the matter has been settled to the satisfaction of all concerned, grievance advances to proceedings may be instituted by either the aggrieved party or the Grievance Committee of the Local 107, commencing at Step 5.2 within six

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as a) Should any dispute involving difference arise concerning the interpretation, application application, operation, or alleged violation of this Agreement, including any Letters of Understanding appended to this Agreement, the parties to this Agreement shall settle the matter as hereinafter provided. b) It is agreed that no employee has a grievance until he has given his immediate supervisor five (5) working days in which to adjust any complaint which has arisen. An employee may have a Guild representative present if he desires. If within that time no agreement has been reached the matter may be submitted to the Grievance Committee in accordance with the provisions of this section. 2. Any grievance (Guild, Management, or employee) must be presented to the Grievance Committee in writing, within fifteen (15) days of the event which gave rise to the grievance, setting forth the grounds for the complaint and the provision or provisions of the collective agreement which are alleged to have been violated, together with the remedy sought. 3. A Grievance Committee consisting of two (2) Representatives of Management and two (2) Representatives of The Guild shall be designated. To this committee shall be referred by either party to this Agreement, all questions which may arise as to the interpretation, application, or alleged violation of any clause of this Agreement. Grievances Such Grievance Committee shall meet within five (5) days after any questions or disputes which may arise differences have been referred to it, and shall render a decision within ten (10) days and such decision shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentbinding upon both parties. Step 2: 4. If the grievance is Grievance Committee cannot settled satisfactorily reach an agreement on the question or difference referred to it, at Step 1, the grievance shallrequest of either party hereto, within ten (10) additional working daysdays the matter may be referred to Arbitration. If the parties cannot agree on an Arbitrator within 45 days after referral to Arbitration, be submitted in writing, through the Union either party may apply to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, Collective Agreement Arbitration Bureau to constitute an Arbitration Board under the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature Section 86 of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solutionLabour Relations Code. The decision of the panel shall be immediately forwarded to the Mayor and the Union and Arbitrator shall be binding on each sideboth parties. In the event of a deadlock The cost of the grievance panelArbitrator shall be borne equally by the parties. 5. If no written request for Arbitration is received within thirty (30) days after the decision of the Grievance Committee is given, the grievance advances shall be deemed to Step 5have been settled. 6. Time limits set out in this section may be extended by mutual agreement.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving Any difference concerning the interpretation, application application, or operation of this Agreement, or any grievance concerning any alleged violation of a provision of this Agreement. Grievances , or disputes which may arise any grievance arising from the suspension discipline, or dismissal of any employee covered by this Agreement any question as to whether any matter is arbitrable, shall be finally and conclusively settled without stoppage of work, in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party Such or grievance shall discuss the complaint first be taken up with the Division Superintendent or employee's immediate supervisor, who is not a member of the Superintendent's designeebargaining unit, within fourteen (14) days of such difference O K grievance arising. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the such difference OK grievance is not settled satisfactorily at Step 1within seven days, the Union shall present such grievance shallor difference, within ten (10) additional working days, be submitted in writing, through the Union writing to the Director of Public Works. The written grievance shall set forth the nature Secretary-Treasurer of the grievanceBoard, or his designate. the facts on which it Secretary-Treasurer the Board, or his designate, is based, the provisions to effect a settlement of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have dispute within seven (7) working days days, the matter shall then be submitted a conciliation committee composed of two members of the Board, and two (2) members appointed by the Union. It is understood and agreed that the Board and the Union shall each have the right to respond to an advisor in attendance at any of the grievance in writing. Step 3: said It is further agreed that the said committee shall be under the a member of the Board. If the conciliation i s unable to effect a settlement of such grievance is not settled satisfactorily at Step 2, the grievance mayor dispute, within seven (7) additional working days of receipt of such grievance by the Board, then the matter shall be submitted to a of Arbitration appointed in the following manner: Each party to the Agreement shall notify the other, in writing of the name and address of their appointee to the Board of Arbitration. Such appointments shall be made within five (5) days of the failure of the conciliation committee to effect a settlement of the dispute. The two persons S O appointed shall, within five from the date of appointment of the last member, select a third member of the Board of Arbitration, who shall be chairman. Should the members appointed by the parties fail to agree on a chairman within five ( 5 ) days, the said chairman shall be submitted in writing to appointed by the Mayor or, his/her designee, and Minister of Labour of the Human Resources DepartmentProvince of British Columbia. The written materials Board of Arbitration shall include finally settle the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination matter within ten (10) working days after the entire panel has been designatedappointment of the chairman. Decisions The majority decision of t h e Board of Arbitration shall be determined when a majority final and binding upon the parties; and each party shall be responsible for the expenses of their appointee as well as one-half of the panel (3) favors a given solution. The decision expenses of the panel shall chairman. Wherever a stipulated time is mentioned herein, the said time may be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock extended only by mutual consent of the grievance panel, the grievance advances to Step 5parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision The purpose of this Agreementarticle is to establish a procedure for the settlement of all grievances. Grievances or disputes which An employee having a grievance shall first take the matter up with his committeeperson who will discuss said complaint with the ▇▇▇▇▇▇▇ concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours the committeeperson will then submit the grievance, in writing, on a form to be supplied by the company, to the ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ shall give his decision, in writing, to the committeeperson within two (2) working days of the receipt of the grievance. Should the union be dissatisfied with the ▇▇▇▇▇▇▇'▇ decision, the union may arise refer the grievance to a meeting of the plant committee and representatives of management who shall meet within five (5) days of the request of such meeting. The union National Representative may be in attendance at this meeting. Management's decision relating to the grievance shall be settled in writing and if not rendered during the following manner: Step 1: Within three conference shall be rendered to the chairperson of the committee within two (32) working days after its occurrence, the aggrieved party holding of the conference. If management's decision be not satisfactory the union may request that the grievance be submitted to arbitration in which event they shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three make such request in writing within five (35) additional working days after the division head will reply to disposition of the complaintgrievance. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance arbitrator shall, within ten (10) additional working daysdays from the date of receipt of the notice of appeal be selected by mutual agreement between the company and the union. In the event of failure to agree, be submitted in writing, through the Union company and the union shall submit a joint request to the Director Minister of Public WorksLabour of the Province of Ontario to furnish a panel of five (5) qualified and available arbitrators. Upon receipt of the panel of names, representatives of the company and of the union shall meet and proceed to select the arbitrator. Failing a mutual selection, the parties shall, each beginning with the union, strike alternately, one name at a time, two names from the panel. the one then remaining name shall be the arbitrator and such selection shall be final and binding upon the company and the union. The written grievance arbitrator shall set forth the nature of the grievance, the facts on which it is based, not be authorized to make any decision inconsistent with the provisions of the Agreement allegedly violatedthis agreement nor to alter, and the relief requestedmodify or amend any part of this agreement. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and arbitrator shall be empowered to make decisions a decision in cases of alleged improper disciplinary action with the discretion to modify the penalty. Each of the parties hereto shall bear one-half the expenses of the arbitrator and the shares shall be paid direct to the arbitrator. The term "working days" when used in this agreement for settling the grievancegrievance procedure, shall exclude Saturdays, Sundays and holidays and vacations as defined herein. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions procedure in Section 12, shall be determined when apply equally to a majority grievance lodged by a group of the panel (3) favors employees, or to a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5union policy grievance.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined Section 1 Except as specifically excluded for elsewhere in this Agreement, any dispute involving complaint, controversy, dispute, or claim (herein, collectively, a “grievance” or “grievances”) between the interpretationCompany, application the Guild, or alleged violation any employee covered by this Agreement arising during the term of a provision the Agreement with respect to the provisions of this Agreement. Grievances Agreement or disputes which may arise its interpretation or any alleged breach thereof shall be settled discussed promptly and in good faith by the following manner:designated representatives of the parties in an effort to attain an amicable settlement. Step 1: Within three Section 2 All grievances must be presented by the grieving party to the designated agent of the non-grieving party in writing, no later than sixty (360) working calendar days after its occurrencethe grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The parties shall notify each other of their designated agent upon ratification, and whenever such agent changes. The non-grieving party shall have ten (10) business days to respond in writing (including via electronic communications) to the grieving party. Failure to respond within the ten (10) business days shall be deemed a non-precedential concurrence with the grievance by the responding party. The Company and the Guild shall meet within fourteen (14) days of receipt of the written grievance. If the initial meeting following the receipt of the written grievance does not result in a resolution to the dispute, the aggrieved grieving party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three may request a follow-up meeting within fourteen (314) additional working days the division head will reply to the complaintdays. The employee may have his Union representative presentparties shall make good faith efforts to schedule grievance meetings during regular working hours. Step 2: Section 3 If the grievance is not settled satisfactorily at Step 1resolved, the grievance shallgrieving party may, within ten thirty (1030) additional working daysdays following the final grievance meeting (or, if the parties fail to meet as prescribed above, within fifty-nine (59) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. No award in any such arbitration shall be submitted in writing, through the Union retroactive to a date more than one hundred and eighty (180) days prior to the Director date when the grievance was presented, except where the remedy concerns failure to pay wages, overtime, or a dispute over an employee’s start date. Section 4 The determination of Public Works. The written the arbitrator shall be final and binding upon the Company, the Guild, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator’s fee, filing fees) shall be borne equally by the Company and the Guild, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. Section 5 A failure to submit a grievance shall or demand arbitration in accordance with the requirements set forth above, including the nature of time limits, shall permanently bar the grievance, grievance and/or the facts on which it is based, arbitration as the case may be. Arbitration shall be the sole and exclusive procedure for resolving disputes with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof that is not resolved by the Agreement allegedly violatedgrievance procedure, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and arbitration award shall be empowered a party’s sole and exclusive remedy, provided that either party may proceed in court to make decisions for settling the grievanceconfirm or vacate an award according to law. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions Nothing herein shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded impair an employee’s ability to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5pursue independent statutory claims.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 1. Any complaint, disagreement or difference of opinion between the interpretationCo-operative, the Union or the employees covered by the Agreement which concerns the interpretation or application or alleged violation of a provision the terms and provisions of this Agreement. Grievances or disputes which may arise Agreement shall be settled in the following manner: Step 1: Within three (3) working days after its occurrenceconsidered a grievance. Any employee who feels that he has been unfairly treated, the aggrieved party shall discuss the complaint with the Division Superintendent Union or the Superintendent's designeeCo-operative may present a grievance. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the Any grievance which is not settled satisfactorily at Step 1, the grievance shall, presented within ten (10) additional working days, calendar days of the event shall be forfeited and waived by the aggrieved party. 2. All grievances shall be submitted in writing, through the Union to the Director of Public Works. The written grievance writing and shall clearly set forth the nature issues and contentions of the grievanceaggrieved parties. Notwithstanding the foregoing, whenever possible, the facts on which it is based, aggrieved employee (with the provisions Union Shop ▇▇▇▇▇▇▇ present or absent at the employee’s option) shall first discuss the matter verbally with their Department Manager. 3. The procedure for adjustment of disputes and grievances will be as follows: (a) By a discussion between the Agreement allegedly violated, Shop ▇▇▇▇▇▇▇ (with the aggrieved employee present or absent at his option) and the relief requestedDepartment Manager. The Director of Public Works aggrieved party shall have seven be given a written decision on the matter within five (75) working calendar days to respond to after the grievance in writingdiscussion. Step 3: If the grievance is not settled satisfactorily at Step 2(b) Failing agreement of subsection (a), the grievance may, shall be dealt with by the Grievance Committee of the Union which may include a Staff Representative of the Union and the General Manager or his duly appointed representative in the event of his absence for a period in excess of one (1) week. The aggrieved party shall be given a written decision on the matter within seven (7) additional working calendar days. (c) If a satisfactory settlement cannot be reached then, upon request of either party, the matter shall be submitted in writing referred to the Mayor or, his/her designee, and Board of Arbitration established by Article 13. 4. After the Human Resources Department. The written materials shall include the nature completion of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step any step in Section 3, upon receipt of if the notification, both parties shall have seven (7) working days aggrieved party does not proceed to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination next step within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panelcalendar days, the grievance advances shall lapse. 5. All negotiations with respect to Step 5disputes and grievances shall be dealt with during regular working hours and no employee shall suffer any loss of pay for time spent in such negotiations. 6. The parties may agree to the appointment of a mediator to assist in resolving the dispute. 7. Timelines may be waived by agreement of both Parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 3.01 In the interpretation, application or alleged violation event of a provision of this Agreement. Grievances or disputes which may arise grievance by an employee, the employee shall be settled in take the following manner: Step 1: Within three matter up with the employer within and not after twenty (320) working days after its occurrence, the aggrieved party shall discuss employee became aware of the complaint with the Division Superintendent incident or the Superintendent's designee. Within three (3) additional working days the division head will reply circumstances giving rise to the complaintgrievance. The employee may have his Union representative presentgriever is entitled to be present at all steps in the grievance procedure. 3.02 The following procedure shall be followed when adjusting and settling any grievance: Step 2: If 1 A member having a grievance may, individually, or with assistance of a Grievance Committee formed by the Association, present his grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union writing to the Director Chief of Public WorksPolice. The written grievance shall set forth the nature of After considering the grievance, the facts on which it is based, Chief of Police shall render his decision in writing. Step 2 If the provisions Chief of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have Police fails to render his decision within seven (7) working days of having received the grievance, or if his decision is not satisfactory to respond to the aggrieved member, the Grievance Committee of the Association shall, within fifteen (15) days of the expiry of the seven (7) day period hereinbefore referred to, file with the Secretary of the Board, the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. 3 The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3Board, upon receipt by the Secretary of the notificationwritten grievance, both parties shall have seven (7) working days cause a meeting to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when held of a majority of the panel members of the Board and the Grievance Committee of the Association to discuss the grievance, and thereafter, the Board, within fifteen (315) favors a given solutiondays of having received the written grievance, shall render its decision in writing and communicate the same to the Association. The decision of the panel Board shall, subject to the provisions of Step 4, be final and binding. Step 4 If the grievance filed relates to the interpretation, application or administration of this agreement or if the grievance alleges that this agreement has been violated, either party may, within fifteen (15) days of the final decision made and communicated by the Board in Step 3, notify the other party in writing of its desire to submit the grievance or allegation to an arbitrator in which event, the provisions of the Police Services Act relative to determination of disputes and the procedure therefore shall apply. 3.03 Any time limits specified in this procedure may be abridged or extended by the consent of the parties then so engaged in the procedure. 3.04 In computing the periods of time referred to in this article, Sundays and Paid Holidays shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5excluded.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving option terminates on June 30, 2011, and does not continue beyond the interpretation, application or alleged violation of a provision expiration date of this AgreementMOU without express written agreement of the parties to continue the practice. Grievances or disputes which may arise shall The Adjustment Board will be settled in the following manner: Step 1: Within comprised of three (3) working days after its occurrenceCouncil representatives, no more than two (2) of whom shall be either an employee of the aggrieved party shall discuss County or an elected or appointed official of the complaint with the Division Superintendent or the Superintendent's designee. Within Council presenting this grievance, and three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature representatives of the grievanceCounty, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate no more than two (2) representatives selected of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board will convene on the second (2nd) Wednesday of each month unless otherwise scheduled by mutual agreement. All grievances that are received by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within Director of Human Resources at least ten (10) working days after prior to the entire panel has been designated. Decisions shall be determined when a majority next scheduled session of the panel Adjustment board will be placed on the agenda for the next regular meeting. Where the parties agree, the Adjustment Board may be comprised of two (32) favors a given solutionCouncil representatives and two (2) County representatives. The decision Adjustment Board shall meet within twenty (20) work days of receipt of the panel shall be immediately forwarded written request and render a decision. If the County fails to meet the Mayor time limits specified in Step 4 and the Union and shall grievant demands in writing that an Adjustment Board be binding on each sideconvened, the County will convene an Adjustment Board within ten (10) work days of receipt of the original request. In the event of a deadlock This step of the grievance panelprocedure may be waived by the written mutual agreement of the parties. Step 5. If the parties are unable to reach a settlement or if an Adjustment Board is unable to arrive at a majority decision, either the grievant the Union or the County, whichever is the moving party, when alleging a violation of Section 24.6 below) may require that the grievance advances be referred to Step 5an impartial arbitrator who shall be designated by mutual agreement between the grievant and the Human Resources Director. Such request shall be submitted within twenty (20) workdays of the rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any.

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE PROCEDURE. (a) It is the mutual desire of the parties to this Agreement to attempt to settle complaints of employees as quickly as possible. A grievance is shall be defined as any dispute involving difference arising out of the interpretation, application application,administration or alleged violation of a provision of this Agreementthe collective agreement. Grievances or disputes which may arise shall be settled dealt with in the following manner: Step 1: Within three (3) working days after its occurrencemanner outlined below, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted providing such grievances are in writing, through signed by the Union to the Director of Public Works. The written grievance shall set forth aggrieved employee, contain the nature of the grievance, the facts on which it is basedremedy sought, the provisions specific sections of the Agreement allegedly violated, which are alleged to have been violated and filed within ten working days of the relief requestedalleged grievance. Replies to grievances shall be in writing at all steps. The Director employee shall be accompanied by union ▇▇▇▇▇▇▇ at all steps of Public Works shall have seven (7) working days to respond to the grievance in writing. procedure or at any meetings or discussions with the employer. Step 3: If The employee, shall submit the grievance is not settled satisfactorily at Step 2, the grievance may, to supervisor or superintendent within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten fen (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel alleged violation of the agreement. The supervisor and/or superintendent shall, within two (2) working days, convene a meeting with the accompanied by ▇▇▇▇▇▇▇ to discuss the grievance. Failing settlement at this stage, within two (2) working days, then step may be invoked. The grievance shall then be submitted to the Union's Grievance Committee who shall then submit the grievance to the Employee Resources Department within three (3) favors working days. Within five (5) working days a given solutionmeeting shall be held with the Union Grievance Committee, the and the ▇▇▇▇▇▇▇ and the City Grievance Committee comprised of the Director of Employee Resources or their designate, the Director of Community Services, the Director of Works and the Director of Information Services. The decision members of the panel City Grievance Committee may change and the City will advise the Union with as much advance notice as possible. The employer shall give its decision within five (5) working days of the meeting. Failing settlement at this stage, within five (5)working days the Union may, but only within a period of (15) working days from the date of the receipt of the reply of the City Grievance Committee, invoke the Arbitration provision of this agreement. Any grievance of a notice of lay-off or lay-off shall be immediately forwarded to filed with the Mayor and the Union Employee Resources Department and shall be binding on each side. In the event of heard in a deadlock meeting at Step of the grievance panel, the grievance advances to Step 5procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving To provide for the interpretation, expeditious and mutually satisfactory settlement of grievances arising with respect to the interpretation or application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise , the following procedures shall be settled in the following mannerfollowed: Step SECTION 1: Within three (3) working days after its occurrence, . It is hereby agreed that the aggrieved party shall discuss Employer has the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply right to the complaintdiscipline for just cause. The employee may have his Employer agrees to advise the Union representative presentof any such discipline and the reason therefore at the time of such action. Such discipline shall conform to State Department of Personnel procedures. Step SECTION 2: If the . Any aggrieved employee shall present his grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to of its occurrence or such grievance will be deemed waived by the Union and the employee. SECTION 3. In the event of a grievance, the steps hereinafter shall be followed: Step 1. An employee with a grievance in writingshall first discuss the matter with his immediate supervisor, whether directly or through the designated representative of the Union for the purpose of resolving the matter informally. Step 3: 2. If the grievance aggrieved party is not settled satisfactorily satisfied with the disposition at Step 21, or if no decision has been rendered within five (5) working days after presentation of that grievance, he may file a written grievance within five (5) working days to his Department Head, or in his absence a designated representative of that Department, and a copy to the grievance mayTownship Administrator. A decision thereon shall be rendered in writing by the Department Head, or his representative, within seven (7) additional working days. Step 3. If the aggrieved party is not satisfied with the disposition at Step 2, the matter may then be submitted referred in writing within five (5) working days by the representative of the Union to the Mayor orTownship Administrator. A meeting on the grievance may be held. The Administrator shall render a written decision within fifteen (15) working days of the referral. Step 4. Either the Union or the Employer may, his/her designeewithin twenty (20) days of the Administrator's decision may request in writing the Public Employees Relations commission to appoint an arbitrator who shall have full power to hear and determine the dispute, and the Human Resources Departmentarbitrator's decision shall be final and binding on all parties. The written materials arbitrator's fees shall include be shared equally by the nature Union and Employer. The arbitrator shall have no authority to change, modify, or amend the provisions of this Agreement. (a) A grievance within the meaning of this Agreement shall be limited to any matter of wages, hours, working conditions, discrimination against any employee represented by the Union because of his race, age, color, sex, religious creed, national origin, political affiliation, or Union affiliation, or any dispute involving interpretation or application of this Agreement. (b) The time limit specified in the Grievance Procedure shall be the maximum. However, these may be extended upon mutual agreement by the parties. (c) A grievance affecting a group of employees under this Agreement may be submitted by the Union on behalf of said named group at Step 3 of the grievancegrievance procedure. (d) Nothing herein shall be construed to deny to any employee their rights under the Civil Service Act, N.J.S.A. 11A:1-1, et seq. SECTION 6. It shall be the facts on which it is based, provisions intentions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If parties to settle all differences between the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor Employer and the Union through the grievance procedures of this Agreement. Therefore, the Employer agrees that it will not lock out its employees and the Union agrees that it will not strike, slow-down, or cause a slow-down or engage in any work stoppage or other job action during the term of this Agreement. Any employee who violates the terms of this section shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances subject to Step 5discharge.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a) Step 1 An employee believing they have a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working daysdays of the alleged grievance, be submitted present said grievance in writingwriting to their immediate supervisor, through the Union to the Director of Public Works. The written grievance shall set forth specifying the nature of the grievance, the facts on which it is based, the provisions article(s) of the Agreement allegedly violated, collective agreement or specific sections of relevant legislation which are alleged to have been violated and the relief requestednature of the remedy sought, signed by the grievor. The Director of Public Works shall have seven Within four (74) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of receipt of the grievance, the facts on which it is based, provisions of supervisor will discuss the collective bargaining agreement allegedly violated and proposed remediesmatter with the aggrieved employee accompanied by their ▇▇▇▇▇▇▇. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties The supervisor shall have seven give their disposition in writing within five (75) working days to designate two of such discussion. b) Step 2 If the grievor (2) representatives selected by the City and two (2) representatives selected by or the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling ) is not satisfied with the grievance. The grievance panel must make its determination reply at Step 1 they may, within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solutionreply at Step 1, submit the grievance to the Manager or their designated representative. The decision Manager shall within five (5) working days of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock receipt of the grievance panelat this Step, convene a grievance meeting at which the employee shall be accompanied by their Union representative. The Manager shall give their disposition in writing within five (5) working days of the Second Step meeting. c) The time limits set out for the processing of grievances shall be adhered to except in the case of mutual Agreement to alter the time limits. Any grievance advances which is not processed within the time limits set out in this Article shall be deemed to be abandoned or forfeited by the responding party. Article 48/16 of the Ontario Labour Relations ▇▇▇ ▇▇▇▇ as amended shall not apply to the Collective Agreement. d) A grievance resulting from discharge shall be submitted at the Final Step 5of the Grievance Procedure not later than fifteen (15) calendar days from the date the employee was notified of such discharge.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as A. Should differences arise between the Employer and any dispute involving of its employees or the Union with respect to the effect, interpretation, application application, or alleged violation of a provision any of the provisions of this Agreement. Grievances or disputes which may arise , there shall be settled no suspension of work but an ▇▇▇▇▇▇▇ effort shall be made to settle differences promptly in the following manner:manner hereinafter outlined. B. Before any differences, as defined above, are processed through the grievance procedure, the ▇▇▇▇▇▇▇, with or without the employee, shall discuss the problem with the immediate supervisor involved and attempt to resolve it. Failing this, the grievance procedure shall be utilized, starting with Step 1. Section 2. It is agreed that all grievances shall be dealt with as provided for in this Article. Step 1: Within . The Chief ▇▇▇▇▇▇▇, or the ▇▇▇▇▇▇▇ with or without the employee, shall present the grievance to the immediate Employer representative of the employee involved. Such grievances shall be heard by a grievance committee composed of not more than three (3) working days after its occurrence, representatives of the aggrieved party shall discuss Employer including the complaint with the Division Superintendent or the Superintendent's designee. Within appropriate Labor Relations representative and not more than three (3) additional working days representatives of the division head will reply Local Union involved, including the local Chief ▇▇▇▇▇▇▇ and/or Business Agent. The grievance committee shall meet each week, when necessary, to consider grievances before it for consideration and shall meet until pending grievances are disposed of through settlement or referred to the complaintnext step of the grievance procedure. The employee may have his When the Local Union requests, grievances affecting employees on the second shift shall be heard between the hours of 3:00 pm and 5:00 pm once a week. If the grievance is settled in this step, the Employer representative presentwill retain one copy of the grievance for departmental records, give one copy to the Local Union, and forward two copies to the Labor Relations section of Human Resources. Labor Relations shall forward one copy to the Metal Trades Council for its records. B. Step 2: . If the grievance is not settled satisfactorily at adjusted in Step 1, . of the grievance shallprocedure within five (5) working days of submittal to the Labor Relations section of Human Resources, within ten (10) additional working days, it shall be submitted in writing, through to a committee composed of five (5) representatives of the Union to Metal Trades Council appointed by the President of the Metal Trades Council and five (5) representatives of the Employer appointed by the Director of Public WorksLabor Relations. The written grievance aggrieved employee and his immediate supervisor shall set forth upon request, be physically present consistent with production requirements either at that meeting or a subsequently rescheduled meeting for the nature purpose of testifying on the facts of an individual grievance. When the committee feels such testimony has clearly established the facts of the grievancesituation, the facts on which it is based, the provisions of the Agreement allegedly violated, employee and his supervisor will be excused and the relief requestedcommittee will make its final determination regarding the grievance. The Director of Public Works shall have seven (7) working days to respond to All second shift grievance hearings will commence at the grievance in writingemployee's normal second shift starting time. C. Step 3: If . In the event the grievance is not settled satisfactorily at adjusted within five (5) working days from submittal to Step 2., the grievance Union may, in writing, refer such grievance to arbitration within seven twenty (720) additional working days. In no event will such submittal occur after twenty (20) working days of the Union's receipt of the Employer's final position. If a grievance is not so referred within twenty (20) working days, it shall be submitted in writing to the Mayor or, his/her designee, and the Human Resources Departmentadministratively closed. The written materials shall include the nature Any grievance arising out of the grievanceissuance of a warning slip not scheduled for arbitration within six (6) months of the date of the warning slip shall be administratively closed. It is agreed that no Local Union grievance shall be referred to arbitration without the approval of the Metal Trades Council in writing. Should the Metal Trades Council give written permission to arbitrate a dispute to one Local of the Union, the facts on which it is based, provisions Metal Trades Council will also be bound by the decision of the collective bargaining agreement allegedly violated and proposed remediesarbitrator. A conciliation meeting If the Union refers a grievance to arbitration, it shall determine the order in which hearings will be held Step 4scheduled as follows: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven Within five (75) working days after receiving the Union's written referral to designate arbitration, a representative of the Employer and the Union will meet for the purpose of telephoning arbitrators to schedule a hearing. The parties will maintain two (2) representatives lists of arbitrators who will serve to hear disputes. One list will contain arbitrators mutually acceptable for the hearings of disciplinary grievances and will be selected by on a rotating basis. In all other arbitrations, a mutually agreed upon arbitrator will be selected from a pre-agreed-to list. In arbitrations involving discipline, the City arbitrator will be selected on the basis of "first up, first used" in alphabetical order. When an arbitrator is called for a hearing and two cannot meet within forty-five (245) representatives selected by days, the parties will continue down the roster until an arbitrator accepts the assignment. Those called, but not available, will not be called again until their names appear again in rotation. It is the intent of the parties that all disputes under this procedure involving both disciplinary and non-disciplinary grievances, be heard within forty-five (45) days of the call to the arbitrator. It is understood that the scheduling of three (3) arbitrations per week under this procedure is within the discretion of the Union. These representatives In arbitrations involving non-disciplinary grievances, the arbitrator will be selected by mutual agreement of the parties from a pre- agreed-to list. If the parties cannot mutually agree upon the selection of an arbitrator, the parties shall constitute alternately strike one (1) name from the list (the right to strike the first name having been determined by lot) until only one (1) name remains and that person shall be the arbitrator. The Union may, following the scheduling of a grievance panel and shall for arbitration, substitute another grievance to be empowered to make decisions for settling heard by an arbitrator if the grievance. following conditions are met: (1) The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a Employer is given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.written notice thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise 20.1 There shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director established a Grievance committee composed of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by of the City Board and two (2) representatives selected by of the Union. These representatives Association. a. It shall constitute be the duty of this committee to meet and endeavour to resolve all grievances concerning the alleged violation in the interpretation, application, omission, or operation of any part of this agreement. b. A quorum of this committee shall consist of all members. 20.2 Any employee who considers that he or she has a grievance panel arising out of this agreement shall promptly lodge in writing the statement of the nature of this grievance to the Association President and the Secretary-Treasurer of the Board. A copy of the written statement shall be empowered provided to make decisions for settling the grievance. The Association Secretary. 20.3 If the grievance panel must make its determination has not been settled within ten twenty one (1021) working calendar days after the entire panel has been designated. Decisions date of submission the grievance shall be determined when a majority referred to the Grievance Committee. Unless mutually agreed, the Grievance Committee shall meet within fourteen (14) calendar days of the panel (3) favors referral. 20.4 If the committee reaches a given solutionunanimous decision as to the disposition of any grievance, that decision shall be final and binding. 20.5 If the committee does not reach a unanimous decision and the grievance is not withdrawn, then either may by written notice require the establishment of an arbitration board. The decision Each party shall appoint one member as its representative on an Arbitration Board and the two members so appointed shall endeavour to select an independent Chairperson. If they fail to do this they shall apply to the Director of Mediation Services to select a Chairperson. 20.6 At the mutual agreement of the panel parties, a single arbitrator may be appointed to hear any grievance. 20.7 This Arbitration Board shall determine its own procedure and its decision will be immediately forwarded to the Mayor and the Union and final. 20.8 This Arbitration Board shall be binding on each side. In the event of a deadlock not change, modify or alter any of the grievance panel, the grievance advances to Step 5terms of this agreement.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A. A grievance is defined as shall be a complaint by any dispute involving employee in the interpretationunit, or by a group of employees in the unit, or by the Union that there has been a violation, misinterpretation, or inequitable application or alleged violation of a any provision of this Agreement. Grievances Agreement in regard to him, her, them, or disputes which may arise it. B. A grievance shall be settled processed in the following manner: Step 1stages: Stage I An aggrieved party shall present a grievance to his or her immediate supervisor who shall render a written determination to the aggrieved party within a period of ten (10) days. Stage II Within five (5) days of the disposition of the grievance at Stage I, the grievant may appeal to the Superintendent of Schools or his/her designee. Stage III Within fifteen (15) days after the disposition of the grievance at Stage II, the grievant may appeal in writing to the Board of Education. A meeting of the parties for the purpose of presenting mutual positions shall be held on three (3) working days after its occurrencenotice at Stage I, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1II, the grievance shall, and III within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature days of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Uniongrievance at those levels. These representatives shall constitute a grievance panel and A written decision with supporting reasons shall be empowered rendered to make decisions for settling the grievance. The grievance panel must make its determination grievant and the Union in each instance within ten (10) working days after of such meeting. The grievant shall also have the entire panel has been designatedright to appeal to the next stage if no meeting is held within the time allowed or if no decision is rendered within the time allowed. Decisions Stage IV If the aggrieved party is not satisfied with the decision at Stage III, only the Union, not the aggrieved party, may submit the grievance to arbitration within fifteen (15) days of the decision at Stage III. The following arbitrators are designated as arbitrators for the life of the Agreement and shall be determined when assigned on a majority of rotational basis provided that the panel arbitrator shall be available within sixty (360) favors a given solutioncalendar days. The decision of the panel arbitrator shall be immediately forwarded to the Mayor final and the Union binding upon all parties and shall be binding on rendered within thirty (30) days of the close of the hearing. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇. The costs of the services of the arbitrator, including expenses, if any, shall be borne equally by both parties. C. A unit member shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination, or reprisal. D. A unit member shall have the right to be represented in each sidestage of the procedures by a Union representative. E. All hearings shall be confidential. F. If a grievance affects a group of unit members or appears to be associated with system-wide policies, it may be submitted by the Union directly at Stage II described above. Where a grievance arises as a direct result of an action of the Board of Education, the grievance may be submitted directly at Stage III. G. Nothing contained herein shall be construed as limiting the right of the individual having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance informally adjusted without the intervention of the Union. In the event that any grievance is adjusted without the formal determination pursuant to this procedure, such adjustment shall be binding upon the aggrieved party and shall, in all respects, be final. Said adjustment shall, in no event, however, create a precedent or ruling binding upon either of the parties to this Agreement in future proceedings. H. No grievance as described herein will be entertained, and such grievance will be deemed waived, unless the grievance is forwarded at the first available stage within thirty (30) days after the unit member knew or should have known of the act or condition on which the grievance is based. I. Since it is important to good relationships that grievances be processed as rapidly as possible, every effort will be made by all parties to expedite the process. The time limits specified for either party may be extended only by mutual agreement. J. If a deadlock decision at one stage is not appealed to the next stage of the procedure within the time limit specified, the grievance will be deemed to be discontinued and further appeal under the agreement shall be barred. K. The preparation and processing of grievances, insofar as practicable, shall be conducted during the hours of employment. All reasonable effort will be made to avoid interruption of work activity in any phase of the grievance panel, the grievance advances to Step 5procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 1. Any complaint, disagreement or difference of opinion between the interpretationCo-operative and the Union or the employees covered by the Agreement which concerns the breach, interpretation or application or alleged violation of a provision the terms and provisions of this Agreement. Grievances or disputes which may arise contract shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designeeconsidered a grievance. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the Any grievance which is not settled satisfactorily at Step 1, the grievance shall, presented within ten (10) additional working dayscalendar days of the event shall be forfeited and waived by the aggrieved party. 2. An employee who feels he/she has been aggrieved within the terms of Article 11, Section 1 above may present a grievance. 3. All grievances shall be submitted in writing, through the Union to the Director of Public Works. The written grievance writing and shall set forth the nature issues and contentions of the grievance, aggrieved parties. 4. The procedure for adjustment of disputes and grievances will be as follows: (a) By a discussion between the facts on which it is based, Shop ▇▇▇▇▇▇▇ (with the provisions of the Agreement allegedly violated, employee present or absent at his/her option) and the relief requestedGeneral Manager. The Director of Public Works A written decision on the matter shall have seven (7) working days to respond be given to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, aggrieved party within seven (7) additional working calendar days. (b) Failing agreement in subsection (a), the grievance shall be submitted in writing to dealt with by the Mayor or, Grievance Committee of the Union and the General Manager or his/her designee, and duly appointed representative in the Human Resources Department. The written materials shall include the nature event of the grievance, the facts on which it is based, provisions his/her absence for a period in excess of the collective bargaining agreement allegedly violated and proposed remediesone (1) week. A conciliation meeting will written decision on the matter shall be held Step 4: If given to the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have aggrieved party within seven (7) working days to designate two calendar days. (2c) representatives selected by If a satisfactory settlement cannot be reached then upon the City and two (2) representatives selected by request of either party, the Union. These representatives shall constitute a grievance panel and matter shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded referred to the Mayor and Board of Arbitration established as per Article 12. 5. After the Union and shall be binding on each side. In completion of any step in Section 4, if the event of a deadlock of aggrieved party does not proceed to the grievance panelnext step within seven (7) calendar days, the grievance advances shall lapse and be deemed to Step 5be abandoned. 6. The parties may agree to the appointment of a mediator in attempting to resolve the dispute. 7. All negotiations with respect to disputes and grievances shall be dealt with during the regular working hours and no employee shall suffer any loss of pay for time spent in such negotiations.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. Section 1. A grievance “grievance” is hereby defined to be a controversy, complaint, misunderstanding or dispute arising as any dispute involving the to interpretation, application application, or alleged violation observance of a provision any of the provisions of this Agreement. Section 2. Grievances A formal grievance notification will include - a. Article of Contract violated b. Date, Time and Location of Meeting c. A request for Name and Position of those persons who will represent the Company at the meeting d. Failure to comply or disputes which be present for the Hearing may arise shall result in an assessment at the discretion of the Grievance Committee Section 3. Any grievance arising during the life of this Agreement must be settled in brought to the following manner: Step 1: Within three (3) working days after its occurrence, attention of the aggrieved party shall discuss the complaint with the Division Superintendent Company or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If against whom the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination brought within ten (10) working days after the entire panel has been designatedgrievance becomes known, or after which it should reasonably have become known. Decisions The Company and Union shall endeavor to promptly settle the grievance. A settlement reached at this level shall be determined when a majority of considered final and binding upon the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each sideparties. Section 4. In the event of a deadlock of the parties cannot adjust the grievance panelwithin fifteen (15) calendar days, the grievance advances may be submitted to Step the Joint Grievance Committee, which shall hear the grievance within thirty (30) calendar days. Section 5. Should the Joint Grievance Committee be unable to decide the grievance by majority vote, then the grievance may be referred to the Federal Mediation and Conciliation Service for the submission of a panel of five (5) arbitrators from which one may be selected to hear and make final and binding determination on the grievance. The Federal Mediation and Conciliation Service shall be instructed to place on the panel of arbitrators only those who are members of the National Academy of Arbitrators. Sub-Section 1. Slate and tile roofers shall include in their work jurisdiction the following work processes and types of materials. Sub-Section 2. Composition roofers shall include in their work jurisdiction the following work processes and types of materials: Sub-Section 3. Composition roofers shall also include in their work jurisdiction the following work processes and types of materials: (1) All forms of elastomeric and/or plastic (elasto-plastic) roofing systems, both sheet and liquid applied, whether single-ply or multi-ply. These shall include but not be limited to: a) PVC (Polyvinyl chloride systems) b) Butyl Rubber c) EPDM (ethylene propylene diene monomer) d) PIB (polyisobutylene) e) CPE (chlorinated polyethylene) f) CSPE (chlorosulfonated polyethylene) g) Modified bitumens h) Neoprene i) NBP (Nitrile Alloy) j) EIP ( Ethylene Interpolymers) k) TPO (Thermoplastic) l) ETFE (Etrhylene Tetra Fluoro Ethylene) (2) All base flashings, curb flashings and counterflashings of elasto-plastic composition as outlined in Section 4(1) used to roof or waterproof intersections of horizontal surfaces. (3) All insulations applied with the above systems, whether laid dry, mechanically fastened or attached with adhesives. (4) All forms of composite insulations having nailable surfaces (e.g. plywood, pressboard, chipboard, drywall, or other laminates) bonded to the insulation wherever such composite insulations are used as an integral thermal insulating component of the roofing system. (5) All types of aggregates, blocks, bricks, stones, pavers or units of photovoltaic cell construction used to ballast or protect these elasto-plastic systems. (6) All types of aggregates, blocks, bricks, stones, pavers or units of photovoltaic cell construction used to ballast or protect Inverted Roof Membrane Assembly (▇▇▇▇) roofs, or roofs of similar construction where the insulation is laid over the roof membrane. (7) All sealing and caulking of seams and joints on these elasto-plastic systems to ensure water- tightness. (8) All liquid-type elasto-plastic preparations for roofing, damp or waterproofing when applied with a squeegee, trowel, roller or spray equipment, whether applied inside or outside of a building. (9) All sheet-type elasto-plastic systems, whether single or multi-ply for waterproofing either inside or outside of any structure. (10) All cleaning, preparing, priming and sealing of surfaces to be roofed, dampproofed or waterproofed, whether done by roller, mop, swab, three- knot brush, squeegee, spray systems or any other means of application. (11) All types of pre-formed panels used in waterproofing (Volclay etc.) (12) All applications of protection boards to prevent damage to the dampproofing or waterproofing membrane by other crafts or during backfilling operations. (13) All handling of roofing, damp and waterproofing materials. (14) All hoisting and all storing of roofing, damp and waterproofing materials and any and all equipment to be used for hoisting and lifting of damp and waterproofing materials. (15) All types of spray-in-place foams such as urethane, polyurethane, or polyisocyanurate, the machinery and equipment used to apply them, and the coatings that are applied over them. (16) All types of resaturants, coatings, mastics and toppings when used for roof maintenance and repairs. (17) All wrapping and/or coating of underground piping with bitumastic enamel or cold process, polykin tape, tapecoat, or other asphaltic coatings or tapes. Preparation of surface by sand blasting or wire brushing. (18) All operation of jeeper or holiday detectors. (19) All materials laminated to roofing and/or insulation systems. (20) All snow removal on all roofs at all jobsites. (21) All Garden and Living Roof Systems.

Appears in 1 contract

Sources: Standard Working Agreement

GRIEVANCE PROCEDURE. (a) The Parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. (b) A grievance is shall be defined as any dispute involving difference arising out of the interpretation, application application, administration, or alleged violation of the Collective Agreement. 9.02 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) full working days before the filing of the grievance. 9.03 Grievance properly arising under this Agreement shall be adjusted and settled as follows: (a) The Department Head, a provision Representative of this Agreementthe Human Resource Department, the Grievor and a Representative of the Union shall arrange a meeting within four (4) days to discuss the grievance. Grievances If a settlement satisfactory to the employee and/or the Union grievance committee is not reached within four (4) days from the parties discussing the grievance (or disputes any longer period which may arise shall be settled in mutually agreed upon), the following mannergrievance may be presented as follows: Step 1: Within three (3b) If a settlement satisfactory to the employee and/or the Union Grievance Committee is not reached within four (4) working days after its occurrenceStep Number (a) hereof (or longer period which may be mutually agreed upon), a meeting shall be arranged through the aggrieved party shall discuss the complaint Human Resources Manager with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, appropriate committee of council within ten (10) additional working days, days and a decision rendered by the appropriate committee of council. At this stage the aggrieved employee may be submitted in writing, through accompanied by a representative of the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it if his presence is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingrequested by either party. Step 3: (c) If final settlement of the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination completed within ten (10) working days after deliberations have commenced between the entire panel has been designated. Decisions shall be determined when a majority Union Grievance Committee and the appropriate committee of council, and if the grievance is one which concerns the interpretation or alleged violation of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panelAgreement, the grievance advances may be referred by either party to Step 5the Board of Arbitration as provided herein, at any time within 9.04 Replies to grievances shall be in writing at all times. 9.05 Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. 9.06 The Corporation shall supply the necessary facilities for the grievance meetings. 9.07 Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, such a question or grievance may be directly submitted to the appropriate Committee of Council for consideration and any prior steps of the Grievance Procedure may be by-passed. The committee of Council shall arrange the meeting and render a decision within ten (10) working days. 9.08 The time limits set forth in the grievance Procedure may be extended at any time upon the mutual agreement of the Corporation and the Union.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as (a) The Union shall form from among themselves a Grievance Committee of not more than two (2) members. (b) Should any dispute involving difference concerning the interpretation, application or alleged violation of a provision of the terms and conditions outlined in this Agreement. Grievances or disputes which may Collective Agreement arise between the Employer and the Union, such difference shall be settled as outlined below. All time periods and procedures outlined in this Article are mandatory and exclude Saturdays, Sundays and Holidays observed by the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative presentEmployer. Step 2: If 1 An Employee having a grievance will present the grievance is not settled satisfactorily in writing to his/her Team Manager or designate within five (5) days of the incident giving rise to the Grievance. The Team Manager or Designate shall render his/her decision in writing in five (5) days. Step 2 Failing settlement at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the a Union to the Director of Public Works. The written grievance ▇▇▇▇▇▇▇ shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to present the grievance in writing. writing on a grievance form, clearly outlining the Article(s) and section(s) of the Collective Agreement allegedly violated and the remedy sought and present it to the Manager, Station Operations or designate within five (5) days of the Team Manager's decision in Step 3: If 1, or failing any such decision, within five (5) days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits is made. The Manager, Station Operations or designate shall render his/her decision in writing with five (5) days after the presentation of the grievance is not settled satisfactorily by the Union ▇▇▇▇▇▇▇, Failing settlement at Step 2, the Business Representative and the Grievance Committee and where appropriate the grievor(s) shall present the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor orDirector, his/her designee, and the Human Resources Department. The written materials shall include the nature Customer Management Services or designate within five (5) days of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remediesdecision in Step 2. A conciliation grievance meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination occur within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.five

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 6:01 All differences between the Employer and the Union concerning the interpretation, application or application, operation, and/or an alleged violation of a provision of this Agreement. Grievances or disputes which may arise Agreement shall be settled without stoppage of work or lockout and the dispute shall be submitted in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, writing within ten (10) additional working daysdays and then referred to paragraph (d) below. In the event of any dispute arising out of this Agreement between the Employer and an employee, the following procedure will be submitted followed: (a) An aggrieved party shall within ten (10) days of the alleged violation submit their complaint in writing, through the Union writing to the Director of Public Works. The written grievance ▇▇▇▇▇▇▇ who shall set forth endeavour to settle the nature of complaint between the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, employee and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingemployee’s immediate supervisor. Step 3: (b) If the grievance complaint is not settled satisfactorily at Step within two (2) days (excluding Saturdays, Sundays and Holidays) it may be referred to the grievance mayProject Superintendent and an official representative of the Union. (c) If the complaint is not then settled within three (3) days (excluding Saturdays, Sundays and Holidays) it shall be referred to the Management of the Employer involved and the Business Agent of the Union. (d) If the complaint is not settled within seven (7) additional working daysdays (excluding Saturdays, Sundays and Holidays) it shall be referred to an Arbitration Board. By mutual consent of the parties this time limit may be extended. The Arbitration Board shall be comprised of one (1) member appointed by the Employer, one (1) by the Union and a neutral Chairperson appointed by the members. Each party shall bear the expense of their appointee and the expense of the Chairperson shall be shared equally by the parties. (e) If a grievance is no t submitted in writing or advanced from one step to another within the time limits the grievance shall be deemed to be abandoned and all rights of recourse to the Mayor orgrievance procedure shall be at an end, his/her designee, except that the Union and the Human Resources DepartmentEmployer may mutually agree to extend the time limits. (f) If either party fails to appoint a member or if the appointed members cannot agree on a neutral Chairperson, such appointments shall be made in accordance with the Alberta Labour Relations Code. (g) The Arbitration Board shall be vested with the authority to decide whether any matter referred to it is arbitrable. It shall make its decision within fourteen (14) days of the appointment of the Chairperson. By mutual consent of the parties the time limits may be extended. It shall not alter, amend, or change the terms of this Agreement. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel Arbitration Board shall be immediately forwarded to final and binding upon both parties but if there is no majority award, the Mayor and decision of the Union and Chairperson shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5award.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A Where a marine Engineer Officer has a grievance is defined as any dispute involving while employed on board a vessel, he shall reduce same to writing and present it to the interpretation, application or alleged violation Chief Engineer within ten days of his obtaining knowl- edge of the occurrence giving rise to the grievance and shall thereafter send a copy thereof to his Union Headquarters. In the case of a provision of this Agreement. Grievances marine Engineer Officer who is refused employ- ment, discharged, suspended, laid-off or disputes which may arise shall be settled transferred from his employment, as well as in all other cases where the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance person is not settled satisfactorily at Step 1no longer on board a vessel, the grievance shall, shall be reduced to writ- ing and mailed or delivered to the designated office of the Company with a copy to his Union Headquarters within ten 0) days of his obtaining knowledge of the occurrence giving rise to the grievance. The Union shall have the right to submit a grievance to the Company on behalf of all the employees in the bargaining unit or a group thereof. In such case the grievance shall be reduced to writing and mailed or delivered to the designated office of the Company within ten (10) additional working days, be submitted in writing, through days of obtaining knowledge by the Union of an occurrence giving rise to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The Union shall also have the right to submit a grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded in writ- ing to the Mayor company on behalf of a marine Engineer Officer who is unable to file same within the delay of ten days provided for in either paragraphs a) and the Union and shall be binding on each sideabove. In the event of a deadlock of the grievance panelsuch cases, the grievance advances shall be mailed or delivered to Step 5the designated office of the Company within ten days of obtaining knowledge by the Union of the occurrence giving rise to the grievance.

Appears in 1 contract

Sources: Memorandum of Agreement

GRIEVANCE PROCEDURE. A 5.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. 5.02 No grievances shall be considered: (a) where the circumstances giving rise to it occurred or originated more than ten (10) working days before the filing of the grievance. (b) where the circumstances giving rise to it occurred or originated more than five (5) days before the filing of the grievance if a Unit Chairperson has been appointed or named from the Ingersoll Unit. 5.03 Grievances shall be adjusted and settled as follows: Step No.1 The aggrieved employee shall present his/her grievance in writing on a form supplied by the Union and approved by the Town to the Foreperson with the assistance of the Unit Chairperson. If a settlement, satisfactory to the employee concerned is defined as not reached within five (5) working days (or any dispute involving the interpretation, application or alleged violation other period of a provision of this Agreement. Grievances or disputes time which may arise shall be settled in mutually agreed upon), the following manner: Step 1: Within grievance may be presented as follows at any time within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaintthereafter. The aggrieved employee may have his Union representative present. Step 2: If the present his/her grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union writing to the Director of Public Works. The written grievance shall set forth Works with the nature assistance of the grievanceUnit Chairperson. If a settlement, satisfactory to the facts on which it employee concerned is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven not reached within five (75) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2(or any other period of time which may be mutually agreed upon), the grievance may, may be presented as follows at any time within seven three (73) additional working days, be submitted days thereafter. The aggrieved employee may present his/her grievance in writing to the Mayor or, hisChief Administrative Officer or delegate. He/her designeeshe shall have the assistance of the Unit Chairperson, and he/she may also have the Human Resources Departmentassistance of a National Representative of the Union if he/she so desires. The written materials shall include the nature decision of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and Chief Administrative Officer or delegate shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination given within ten five (105) working days after the entire panel has been designated. Decisions shall be determined when a majority of time the panel (3) favors a given solution. The matter is presented. 5.04 If the decision of the panel shall be immediately forwarded Chief Administrative Officer or delegate is not satisfactory to the Mayor aggrieved employee, and the Union and shall be binding on each side. In the event of a deadlock of if the grievance panelis one which concerns the interpretation or alleged violation of this Agreement, the grievance advances may be referred by either party to Step 5arbitration as provided in Article 6 below at any time within twenty (20) working days after the decision of the Chief Administrative Officer or delegate has been communicated to the aggrieved employee or to the Union.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 13.01 Any complaint, disagreement or difference in opinion between the parties hereto concerning the interpretation, application application, operation or any alleged violation of the terms and provisions of this Agreement shall be considered a provision grievance. Grievances shall be presented in writing and shall clearly set forth the grievance and the contentions of the aggrieved party, following which the Union representative or representatives and the Employer representative or representatives shall meet and in good faith shall earnestly endeavor to settle the grievance submitted. In addition to the grievance form provided, the Union will agree to add a brief letter with a more detailed description of the issue being grieved. All such letters are tendered on a “without prejudice” basis. If a satisfactory settlement cannot be reached or if the party on whom the grievance has been served fails to meet the other party within fourteen (14) days of receiving the written grievance, either party may, by written notice served upon the other, require submission of the grievance to a Board of Arbitration, such Board to be established in the manner provided in Section 14 of this Agreement. . 13.02 Grievances involving the dismissal or disputes which may arise shall layoff of an employee must be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply submitted to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination Employer within ten (10) working days after from the entire panel date of dismissal or layoff or be waived by the aggrieved party, provided notice has been designated. Decisions shall be determined when a majority given as required under Section 11.02. 13.03 Any employee alleging wrongful dismissal may place his or her allegation before the Union representative and, if the Union representative considers that the objection of the panel (3) favors employee has merit, the dismissal shall become a given solution. grievance and be subject to the grievance procedure as established by this Agreement. 13.04 The decision Employer agrees to reply in writing as to the disposition of all grievances submitted by the Union. 13.05 The parties by mutual agreement may make application to the Labour Relations Board under the applicable provisions of the panel shall be immediately forwarded Labour Relations Code to facilitate the settling of grievances. Where a difference arises between the parties relating to the Mayor dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, a Settlement Officer of the Labour Relations Board or an Arbitrator agreed to by the parties, shall at the request of either party: 1. investigate the difference; 2. define the issue in the difference; and 3. make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and the Union and shall be binding on each side. In the event of a deadlock for those five (5) days from that date, time does not run in respect of the grievance panel, the grievance advances to Step 5procedure.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance 5.01 The parties to this Agreement are agreed that it is defined of the utmost importance to adjust complaints and grievances as any dispute involving the interpretation, application or alleged violation of a provision of quickly as possible. 5.02 Grievances properly arising under this Agreement. Grievances or disputes which may arise Agreement shall be adjusted and settled in the following manner: as follows: Step 1: No. 1 - Within three twenty (320) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond circumstances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases in writing. Step 3: If which case the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination brought forward within ten (10) working days after of the entire panel has been designated. Decisions employee being notified of his discharge, and save and except monetary and benefit grievances as defined in Section 5.03 and administered under Section 5.04 and 5.05 below), the aggrieved employee with his business representative may present his grievance, which shall be determined when reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached within ten (10) full working days, the next step in the grievance procedure may be taken at any time within ten (10) working days thereafter. Step No. 2 - The Council Grievance Committee, if it considers it a majority valid grievance, may submit the grievance to a committee of the panel Association and the respective committees shall meet within five (5) working days thereafter in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five (5) working days from this meeting, the grievance may be submitted to arbitration as provided in Article 6 below at any time within twenty (20) working days thereafter or referred to the Ontario Labour Relations Board for arbitration pursuant to Section 126 of the Labour Relations Act within a reasonable time which shall not be more than twenty (20) working days thereafter. 5.03 Monetary grievances are defined as those arising under this Agreement involving payment for hours of work, rates of pay, overtime, shift premiums, travelling expenses, room and board allowances and reporting allowances, but do not include grievances arising out of classification assignment. Benefit grievances are defined as those arising under this Agreement involving payment of pension and welfare contributions, union dues, working dues, industry and training fund, and vacation and statutory holiday pay. 5.04 Monetary grievances shall be brought forward at Step 1 within three (3) favors a given solutionmonths after the circumstances giving rise to the grievance became known or ought reasonably to have become known to the Council. The decision It is further understood that the adjustment of any such grievance shall be retroactive to the first day of the panel alleged violation within the three (3) month period. 5.05 Benefit grievances shall be immediately forwarded brought forward at Step 1 within twelve (12) months after the circumstances giving rise to the Mayor and grievance become known or ought reasonably to have become known to the Union and Council. It is further understood that the adjustment of any such grievance shall be binding on each side. In retroactive to the event of a deadlock first day of the grievance panel, alleged violation within the grievance advances to Step 5twelve (12) month period.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise The following procedure shall be settled in used for the following manner: Step 1resolution of grievances: Within three seven (37) working calendar days after its occurrenceof the occurrence of the difference or within seven (7) calendar days of when the employee first becomes aware of the matter giving rise to the difference, the aggrieved party employee, with or without a shop ▇▇▇▇▇▇▇ (at the employee’s choice) shall discuss the complaint difference with their Department Manager or designate. In this first step, both parties shall make every effort to settle the Division Superintendent dispute. If the difference is not settled in Step One, within fourteen (14) calendar days of the meeting in Step One, the grievance shall be reduced to writing and presented to the Department Manager or designate. The grievance shall be reduced to writing by: (a) recording the Superintendent's designeegrievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose; (b) stating the article or articles of the Agreement infringed upon or alleged to have been violated and the remedy or correction required; (c) the grievance shall be signed by the employee and a Shop ▇▇▇▇▇▇▇ or Union Committee member. Within three seven (37) additional working calendar days of receiving the division head will reply written grievance, the shop ▇▇▇▇▇▇▇ shall be given a written response to the complaintgrievance. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1Two, the grievance shall, may be advanced to Step Three within ten fourteen (1014) additional working days, be submitted calendar days of the receipt of the Employer’s written response in writing, through Step Two or when such response should have been received. The Union and the Employer committees shall meet to discuss the grievance(s). The Employer and the Union agree that their representatives at the meeting have the authority to resolve the grievance. At this step of the grievance procedure, each party shall provide to the Director other a statement of Public Worksfacts and copies of all relevant documents. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have Within seven (7) working calendar days to respond to of the grievance in writing. Step 3: meeting, if the matter is not resolved, the Employer representative shall give written reasons for denying the grievance. If the grievance is not settled satisfactorily at Step 2, within twenty-one (21) days of the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The Employers written materials shall include the nature reasons for denial of the grievance, then either party may refer the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remediesgrievance to Arbitration. A conciliation meeting will be held Step 4: If the grievance is time limits are not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panelcomplied with, the grievance advances shall be considered as being abandoned, unless the parties have mutually agreed in writing, including the use of e-mail, to Step 5extend the time limits. The time limits as set out in the Grievance and Arbitration articles may be changed by mutual agreement.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving Where adifference arises between the Employer and the Union or a Union relating to the interpretation, application or alleged violation of a provision administration of this Agreement. Grievances Agreement or disputes which may arise where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the difference of opinion or dispute, includingany question as to whether a matter is arbitrable, shall be settled resolved without stoppage of work in the following manner: Step 1: Within three . The Job ▇▇▇▇▇▇▇ or Business Manager of the Local Union shall attempt to resolve the difference on thejob with the ▇▇▇▇▇▇▇ or Superintendent of the Employer. If the difference is not resolved within five (35) working days after its of the occurrence, the aggrieved party shall discuss submit the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, difference and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted remedy sought in writing to the Mayor or, his/her designee, Executive Director of the Association and the Human Resources DepartmentInternational Representative of the Union within sixty (60) days of occurrence, or in the case of alleged unjust discharge, within ten days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be waived. The written materials foregoing time limitations shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remediesnot apply where there has been failure or refusal to remit employer contributions ordeductions from employees as provided for in this Agreement. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon Upon receipt of the notificationmatter complained of in writing, both the Executive Director and the International Representative shall take such steps within forty-eight (48) hours as they deem necessary to attempt to adjust such difference of opinion or dispute. if the difference is not resolved within five (5) days of receipt of written submission, the Executive Director and the International Representativemay, upon mutual agreement of the parties, refer the matter to a Pipeline Industry Grievance Panel. Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall have seven (7) working days to designate be drawn from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The Chairman of the Advisory Council shall appoint two (2) representatives selected by of the City participating Unions and the Chairman of the National Relations Committee shall appoint two (2) representatives selected by of the Unionparticipating Association Members to serve on the Panel. These In no case and at no time shall representatives shall constitute a of the Union or the Employer involved in the grievance panel and shall be empowered appointed to make decisions for settling the grievancePanel. The grievance panel must make its determination Pipeline Industry Grievance Panel shall meet and render a decision within ten five (105) working days after the entire panel has been designatedof appointment. Decisions shall be determined when a majority of the panel (3) favors a given solution. The A unanimous decision of the panel Panel shall be immediately forwarded to the Mayor final and the Union and shall be binding on each sidebinding. In the event of that the parties do not agree to the Panel procedure or the Panel arrives at decision which either party to the dispute is unwilling to accept, or the Panel is unable to arrive at a deadlock of decision within the grievance panelprescribed time limits, the grievance advances matter shall be referred to Step 5.an Arbitration Board consisting of two

Appears in 1 contract

Sources: Distribution Agreement

GRIEVANCE PROCEDURE. A ‌ 13.1 The purpose of the grievance procedure is defined as any dispute involving to secure at the interpretationlowest possible administrative level, application or alleged violation of a provision of this Agreementproper solutions to grievances. Grievances or disputes which may arise Both parties agree that grievance proceedings shall be settled in kept as informal and confidential as appropriate at all levels of the procedure. 13.2 Should any grievance, disputes or complaints arise, there shall be an ▇▇▇▇▇▇▇ effort on the part of the parties to promptly settle the same through the following mannersteps: 13.2.1 Step 1: Within three (3) working days after its occurrence, 1 By conference between the aggrieved party shall discuss Employee and the complaint with the Division Superintendent Fire Chief or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, designee within ten (10) additional working daysdays of the alleged grievance(s). Either the Employee or the Fire Chief or his designee may request the presence of the Union representative. 13.2.2 Step 2 If the matter is not settled in Step 1, the grievance(s) shall be submitted in reduced to writing, through the Union to the Director of Public Works. The written grievance shall set setting forth the nature alleged violation of the grievance, the facts on which it is based, the provisions a specific paragraph of the Agreement allegedly violated, in question and the relief requestedrequested and filed within fifteen (15) days of the alleged grievance. The Director A conference shall then be held between a representative of Public Works the Union and the Fire Chief or his designee and they shall have seven (7) working days make every effort to respond to settle the grievance in writingat this level. 13.2.3 Step 3: 3 If the grievance matter is not settled satisfactorily at in Step 2, a conference between a representative or representatives of the grievance mayUnion and the Township Supervisor, and/or his representative or representatives shall be held. Such conference is to be held within seven fifteen (715) additional working daysdays of the meeting in Step 2. The Township Supervisor, be submitted or his representative, shall render a decision in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after of the entire panel has been designated. Decisions conclusion of such conference. 13.2.4 Step 4 In the event that the last step fails to settle the matter, it shall be determined when referred to impartial arbitration upon request of either party as provided for in 13.4. The Union Grievance Committee shall have the right to determine whether or not the grievance is qualified to be submitted for arbitration by the Union. The parties hereto agree that all conferences pursuant thereto shall be held at the Employer's place of business. 13.3 The arbitrator shall be a majority person mutually agreed upon between the parties. If the parties cannot mutually agree upon an arbitrator, the moving party shall file a demand for arbitration with the American Arbitration Association or Federal Mediation and Conciliation Service at the option of the panel (3) favors a given solutiondemanding party in accordance with the then applicable rules and regulations of the Association or Federal Mediation and Conciliation Service. The decision of the panel arbitrator shall be rendered without undue delay and shall be final and binding on both parties. The arbitrator shall have no jurisdiction or power to alter the terms of this Agreement. The expenses of the arbitrator shall be shared equally by the parties. Each party shall make arrangements for, and pay the expenses of witnesses who are called by them. 13.4 The right of either party to demand arbitration after an unadjusted grievance is limited to a period of fifteen (15) calendar days from the final action taken on such grievance under the last step in the procedure immediately forwarded prior to arbitration, and any grievance not submitted or withdrawn within such period shall be deemed settled on the basis of the last answer given by the Township. 13.5 The time schedules for the processing of grievances, as set out above, may be extended by mutual agreement of the parties in writing. In case of such agreement, any and all new dates, mutually agreed upon, shall prevail wherever applicable in this Section 13. 13.6 With respect to the Mayor processing, disposition and/or settlement of any grievance initiated under this Agreement, and with respect to any court or administrative action or proceeding alleging a claim arising out of the employment relationship, the Union shall be the sole and exclusive representative of the Employee or Employees covered by this Agreement. The disposition or settlement by and between the Township and the Union of any grievance or other matter shall constitute a full and complete settlement thereof and of related matters and shall be final and binding upon the Union and its members, the Employee or Employees, the Township and all persons involved or affected. 13.7 There shall be no appeal by an Employee from any settlement of any grievance or other matter nor from the decision or award of an impartial arbitrator. The Union will discourage any attempt of its members, and will not encourage or cooperate with any of its members, in any appeal to any court or administrative agency. Nothing in this paragraph shall be construed to prevent an Employee from pursuing his internal Union remedies in accordance with the constitution of the Union. 13.8 No Employee or other person shall have any right under this Agreement in any claim, proceeding, action or otherwise on the basis, or by reason, of any claim that the Union or any Union Officer or representative has acted or failed to act relative to the presentation, prosecution or settlement of any grievance or other matter as to which the Union or any Union representative has authority or discretion to act or not to act under the terms of the Agreement; provided the Union has processed any legitimate grievance through Step 3. 13.9 Any matter affecting the majority of Employees will be considered a policy grievance and introduced in Step 2 of the Grievance Procedure. 13.10 In lieu of processing a grievance under this Grievance Procedure, an Employee may elect to pursue any administrative or statutory procedure available to him under applicable law. 13.11 It shall be the policy of the Department to warn an Employee orally of any infraction of the rules of the Department, when applicable. 13.12 The Employer shall keep a personnel file on each sideEmployee. In Prior to any material being placed in the event of Employee's file, the Employee shall be given a deadlock copy of the grievance panelmaterial. If an Employee requests to review his personnel file, he shall be allowed to do so at a reasonable time, while off duty. Any and all reprimands or records of disciplinary action shall be placed in the grievance advances to Step 5Employee's personnel file for a period of three (3) years.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance 22.01 It is defined as any dispute involving the interpretation, application or alleged violation mutual desire of a provision the parties that complaints of this Agreement. Grievances or disputes which may arise employees shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designeeadjusted as quickly as possible. Within three (3) additional working days the division head will reply It is understood that an employee has no grievance until she has first given her immediate supervisor an opportunity to adjust the complaint. The employee may have his Union representative present. Step 2: If Any complaint shall be discussed with the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, supervisor concerned within seven (7) additional working days, be submitted in writing workdays after the circumstances giving rise to the Mayor or, his/her designee, and the Human Resources Departmentcomplaint occurred or originated. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance supervisor is not settled satisfactorily at Step 3, upon receipt of unable to adjust the notification, both parties shall have complaint to mutual satisfaction within seven (7) working days to designate two workdays, the employee may proceed with the grievance procedure at Step 1 within seven (27) representatives selected by workdays after the City and two (2) representatives selected by decision of the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievancesupervisor. The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances. 22.02 The reference to days excludes Saturdays, Sundays and public holidays. Time limits mentioned in this Article may be extended on consent of both parties. Notwithstanding section 48(16) of the Ontario Labour Relations Act, as amended, the time limits in this Agreement are mandatory. 22.03 The Employer or the Union shall not be required to consider or process any grievance panel must make its determination within which arises out of any action or condition more than ten (10) working work days after the entire panel has been designatedsubject of such grievance occurred. Decisions If the action or the condition is of a continuing or recurring nature, the limitation period shall be determined when a majority not begin to run until the party knew or ought reasonably to have known of the panel (3) favors alleged breach. 22.04 A "Group Grievance" is defined as a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC Representative on each side. In the event behalf of a deadlock group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance panelprocedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the grievance advances to Step 5matter shall be adjudicated as a group grievance.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 13.01 All differences between the Company and the Union concerning interpretation, application application, operation or an alleged violation of a provision of this Agreement. Grievances or disputes which may arise agreement, shall be settled in without stoppage of work or lockout. The Job ▇▇▇▇▇▇▇/Representative and the following mannerA.P.M.’s shall endeavor to settle differences prior to filing a grievance. If the dispute is not settled the procedures shall be as follows: Step (1: Within ) The employee shall within three (3) working days after its occurrenceof the alleged violation submit his/her complaint to his/her immediate supervisor, the aggrieved party shall discuss the complaint with the Division Superintendent assistance of a Job ▇▇▇▇▇▇▇ or Union Representative as he/she sees fit, and the Superintendent's designee. Within parties shall endeavor to settle the difference. (2) If the dispute is not settled within three (3) additional working days days, (excluding Saturdays, Sundays and Statutory holidays) after having been referred under Part 1, the division head complaint will reply be referred to the complaint. The employee may have his Union representative presentSenior Production Manager or the equivalent and the Job ▇▇▇▇▇▇▇, in writing, and they shall endeavor to settle the difference. Step 2: (3) If the grievance difference is not settled satisfactorily at Step 1within three (3) working days (excluding Saturdays, Sundays and Statutory holidays) after having been referred under Part 2, the grievance shall, within ten (10) additional working days, complaint shall be submitted in writing, through referred to the Company Management and the Union Representative and they shall endeavor to settle the difference. (4) If the difference is not settled within three (3) working days (excluding Saturdays, Sundays and Statutory holiday (s)) after having been referred under Part 3, either party may refer the difference to the Director Board of Public Works. The written Arbitration for settlement in the manner as provided for in the Alberta Labour Relations Code. (5) In the event that either party to the grievance shall set forth fails to process the nature grievance in the time stipulated in any of the grievancesteps outlined above, this party shall be deemed to have conceded the facts dispute to the other party. (6) The majority decision of the Board of Arbitration shall be final and binding on which it is based, both parties subject to the provisions of the Agreement allegedly violated, and the relief requestedAlberta Labour Relations Code. The Director Board of Public Works Arbitration shall have seven not be vested with the powers to change, add to, or amend any terms of this agreement. (7) working days Mutually agreed to respond reasonable extensions made to the grievance allotted times in 1-6 above by either party to be in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance It is defined the mutual desire of the parties hereto that grievances of employees shall be adjusted as any dispute involving quickly as possible. The Association shall appoint a Grievance Committee of three members and shall file notice annually with the Employer of the names of employees serving on the Grievance Committee. The Employer shall also be notified within thirty (30) days of changes in the personnel of the Grievance Committee. Any difference between the parties to this Agreement relating to the interpretation, application or alleged violation administration of the Agreement, may constitute a provision grievance. At the request of this Agreementeither party, the grievance shall be dealt with set out herein below provided that the time limits specified herein may be extended by mutual consent. Grievances No employee or disputes group of employees shall be permitted to lodge a grievance with the Employer except as expressly provided for herein. A complaint which may arise lead to a grievance shall first be settled discussed verbally with the Chief or designate within forty-eight (48) hours of the alleged complaint, in an effort to resolve the following manner: Step 1: Within complaint. Failing such settlement, the grievance may be reduced to writing and submitted to the Chief within ninety-six (96) hours of the verbal discussion. Nothing in this procedure is intended to preclude the involvement of the Human Resources Representative in contract interpretation matters, however, all such discussions will involve the participation of the Fire Chief or designate. Stage The accompanied by a member or members of the Grievance Committee shall take the matter up with the Chief of the Department and failing settlement within forty-eight (48) hours; Stage The Grievance Committee accompanied by the within three (3) working days after its occurrencedays, shall take the aggrieved party shall discuss the complaint matter up with the Division Superintendent Chief Administrative Officer and failing settlement within five (5) days; Stage The Grievance Committee Accompanied by the within five (5) days, shall take the matter up with a select Committee of Council and failing settlement within five (5) days; Stage Failing settlement at Stage or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, Stage within ten (10) additional working days, the matter may be submitted referred to Arbitration by either party as provided for in writing, through the Union Fire Protection and Prevention Act Reg. and Amendments thereto. If notice of intent to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days proceed to respond to the grievance in writing. Step 3: If the grievance Arbitration is not settled satisfactorily at Step 2, received within the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after aforementioned, the entire panel shall be deemed to have been settled or withdrawn and not eligible for Arbitration. In this article, the terms "hours and days" shall be taken to exclude Saturdays, Sundays and Statutory Holidays. At any stage of the Grievance procedure, the Grievance Committee for the Association, or the representatives of the Employer may be accompanied by any that either party may deem necessary. In the case of an employee (or employees) who has been designated. Decisions unjustly reprimanded, suspended or discharged, as determined by a decision rendered in accordance with the foregoing grievance procedure, the employee shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union reinstated and shall be binding on reimbursed for all loss of pay or other remuneration resulting therefrom, or as handed down by a single arbitrator, and shall have all their rights and benefits restored in the same manner as if the employee had not been reprimanded, suspended or discharged. Any grievance not submitted within the time limits nor advanced by the grieving party within the time limits provided for each side. In the event of a deadlock step of the grievance panelGrievance Procedure shall be deemed to have been withdrawn. No matter may be submitted to arbitration which has not been properly carried through all the requisite steps of the Grievance Procedure. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance advances to Step 5the next step of the Grievance Procedure. The time limits fixed in both the Grievance and Arbitration Procedures may be extended by written consent of the parties to this Agreement. cases of discharge or discipline the Arbitrator or Arbitration Board will have the right to alter the penalty and substitute such other penalty as they deem to just and reasonable.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving For the interpretation, application or purpose of resolving alleged violation grievances of a provision employees of the ▇▇▇▇▇▇ Police Department arising out of the interpretation of this Agreement. Grievances or disputes which may arise shall be settled in contract, the following mannergrievance procedure is accepted by the Town: Step 1: Within three A. The Grievance Committee Chairman of Local 470 (3) working days after its occurrenceUnion), the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance his/her designee shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working dayscalendar days after the employee(s) has become aware, be submitted in writing or should have become aware of the occurrence of the event giving rise to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the alleged grievance, submit to the facts on which it is based, provisions Chief of Police the collective bargaining agreement allegedly violated and proposed remediesgrievance in writing. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3presented within the time limit set forth above, it shall be considered waived. Any waiver is without prejudice to another person filling a grievance if the incident occurs on another occasion in the future. B. The Chief of Police shall respond in writing concerning the grievance, to the Union within seven (7) calendar days from the receipt of the grievance. If the Chief of Police does not respond within seven (7) calendar days, the grievance shall be deemed denied. C. The Union may appeal the decision of the Chief of Police to the Town Manager within seven (7) calendar days from receipt of the denial of the grievance from the chief, or if deemed denied, seven (7) days from the expiration of the seven (7) day limit established in Section (B). By mutual consent the timeliness specified in this section and Section (B) may be waived. D. The Town Manager shall consider the grievance within 10 days. A decision in writing shall be delivered to the Union within five (5) days. If no answer has been received by the Union within ten (10) days following the submission of the grievance to the Town Manager, then the grievance shall be deemed denied. E. The Union, upon receipt of the notificationanswer from the Manager of the Town of ▇▇▇▇▇▇, both parties or upon the date that the grievance is deemed denied, shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.fifteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance is shall be defined as any dispute involving a disagreement as to the interpretation, application interpretation or alleged violation applications of a provision the express provisions of this Agreement. Grievances or disputes which may arise No grievance shall be settled in the following manner: Step 1: Within three entertained or processed unless it is submitted within fifteen (315) working business days after its occurrencethe occurrence of the event giving rise to the grievance or within fifteen (15) business days after the employee or the Guild has obtained knowledge of the occurrence of the event giving rise to the grievance. In no event will a grievance be entertained or processed unless it is received within 120 calendar days of the event giving rise to the grievance. 5.2 For purposes of this Grievance Procedure, the aggrieved party term “business days” shall discuss mean those days the City of ▇▇▇▇▇▇▇ has offices open to the public, exclusive of emergency service departments. 5.3 STEP 1 — The employee or the Shop ▇▇▇▇▇▇▇ shall bring their grievance to the attention of the supervisor, who will investigate the cause of the complaint and work with the Division Superintendent or employee(s) to effectuate an equitable solution. Every effort shall be made to resolve the Superintendent's designee. Within three difficulty at this level. 5.4 STEP 2 — If an equitable solution is not reached at the expiration of seven (37) additional working days business days, the division head will reply grievant may appeal to the complaint. The employee may have his Union representative presentDirector of the Department, who shall promptly meet with the Guild Standing Committee to attempt to resolve the grievance. Step 2: 5.5 STEP 3 — If an equitable solution is not reached at the expiration of seven (7) business days, the grievant may appeal to the City Administrator. Requests shall be made in writing, and mailed or delivered to the City Administrator detailing the grievance. 5.6 STEP 4 — If the grievance is not settled satisfactorily at Step 1resolved by the City Administrator, the grievance shallmay, within ten (10) additional working business days, be submitted in writing, through referred to an arbitrator to be selected as follows: 5.6.1 The City and the Union Guild shall file a joint request to the Director Public Employment Relations Commission for assignment of Public Works. an arbitrator from the Commission’s staff (WAC 391-65070). 5.7 DECISION — The written grievance Arbitrator shall set forth the nature of the grievancehave no authority to amend, the facts on which it is basedmodify, nullify, add to, or subtract from the provisions of the this Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, hold a hearing so that both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solutionmay present their respective cases. The decision of the panel Arbitrator shall be immediately forwarded rendered within thirty (30) calendar days after the close of the hearing. The decision of the Arbitrator shall be final and binding upon the parties to the Mayor and grievance provided the Union and shall be binding on each side. In decision does not involve action by the event of a deadlock of the grievance panel, the grievance advances to Step 5Employer which is beyond its jurisdiction.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A 7:01 Grievances may be initiated by either the Company, the Union, or employees, and shall be dealt with as speedily and effectively as possible, in accordance with the following procedure. 7:02 No matter shall be considered a grievance unless a formal complaint is defined as any dispute involving made within fifteen (15) working days from the interpretation, application or date of the occurrence of the alleged violation of a provision of this the Collective Agreement. 7:03 An employee must first discuss his/her complaint with his/her immediate supervisor. Grievances or disputes which may arise The supervisor shall be settled in the following manner: Step 1: Within three have two (32) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to respond to the complaint. The employee may have his Union representative present. Step 2: (a) If the grievance decision of the supervisor is not settled satisfactorily at Step 1satisfactory to the employee concerned, it may be appealed by placing the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union writing to the Director Human Resources Department within two (2) full working days following the decision of Public Works. the supervisor. (b) The written grievance shall set forth the nature of the complaint, the date of the occurrence of the alleged grievance, the facts on which it is based, the provisions name(s) of the Agreement allegedly violated, employee(s) involved and the relief requestedprovision(s) of the Agreement, which are claimed to have been violated. The Director of Public Works Human Resources Department shall have seven four (74) working days to respond to the grievance grievance (c) At this step of the procedure, the Company and the Union will meet in writingorder to furnish each other with all facts and information then available with respect to the grievance. Step 3: (d) Human Resources will have five (5) working days to provide final disposition to the grievance. 7:05 If the grievance decision of the Human Resources Department is not settled satisfactorily at Step 2satisfactory to the Union, the grievance may, within seven (7) additional working days, may be submitted appealed to arbitration in writing to within five (5) working days following the Mayor or, his/her designee, and decision of the Human Resources Department. 7:06 At the request of either party, meetings concerning grievances will be held as necessitated in a reasonable time frame. The written materials Attendance at this meeting shall include the nature consist of the grievanceManager - Human Resources or the designated representative, other Management Representatives, the facts on which it Union Committee, and the grievor as necessitated. It is based, provisions agreed by both parties that these meetings will not stop either party from continuing with the balance of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will grievance procedure. 7:07 An impartial arbitrator shall be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two parties or if such parties fail to select an arbitrator within five (25) representatives selected regular working days of the receipt by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority Human Resources Department or Union Grievance Committee of the panel (3) favors a given solutionNotice of Appeal to Arbitration, the Minister of Labour for the Province of Ontario shall designate the arbitrator. The decision of the panel Arbitrator shall be immediately forwarded final and binding upon both parties. 7:08 The Arbitrator shall not have jurisdiction to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement. He/she shall, however, in respect to a grievance involving a suspension or discharge, be entitled to modify or set aside such penalty, if in the opinion of the arbitrator it is just and equitable to do so. 01/09/2009 2:49:03 PM 7:09 A grieving employee and one or more of the Union Committee may appear during working hours before an arbitrator on the hearing of his/her appeal on a grievance without loss of pay. The same conditions shall apply to employees of the Company who may appear as witnesses. All reasonable arrangements will be made to permit the conferring parties to have access to the Mayor plant to view the disputed operations and to confer with the necessary witnesses. The expense of the arbitrator shall be borne in equal shares by the Company and the Union and shall be binding on each side. In paid directly to the event of arbitrator by each. 7:10 Notwithstanding the foregoing, should one party elect to postpone or cancel a deadlock scheduled arbitration hearing, any arbitrator charges incurred as a direct result of the grievance panel, postponement or cancellation shall be borne by the grievance advances to Step 5party initiating such postponement or cancellation.

Appears in 1 contract

Sources: Memorandum of Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any 26.1 In the interest of maintaining a full staff at the Fire Hall at all times, the Fire Chief will be advised of the names of members of the Union's Executive, and with the consent of the Fire Chief, these members may be relieved from duty to adjust grievances. 26.2 Any dispute involving with respect to matters not covered by the interpretation, application or alleged violation of a provision terms of this Agreement. Grievances or disputes which may arise Agreement shall be settled in subject to collective bargaining between the following manner:Union and the Negotiating Committee of the City of ▇▇▇▇▇▇▇▇ River. Step 1: Within three (3) working days after its occurrence, 26.3 Any dispute arising out of the aggrieved party matters covered by this Agreement shall discuss the complaint be taken up with the Division Superintendent Fire Chief or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1their designate, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth and a letter stating the nature of the grievance, dispute shall be submitted to the facts on which it is based, the provisions Fire Chief within thirty (30) calendar days of the Agreement allegedly violatedalleged event causing the grievance. 26.4 A stage 1 meeting, between the Union and the relief requestedFire Chief or their designate, will be scheduled to occur within seven (7) calendar days of receipt of the grievance letter. The Director of Public Works shall Fire Chief will have seven (7) working days calendar days, from the stage 1 meeting, to respond provide a written response to the grievance in writinggrievance. If no settlement is reached with the Fire Chief the matter may continue to stage 2. Step 3: 26.5 If the grievance stage 2 is not settled satisfactorily at Step 2required, the grievance may, within seven (7) additional working days, matter shall be submitted referred in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature City Manager or their designate within fourteen (14) calendar days of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties Fire Chief’s response. A stage 2 meeting shall be scheduled to occur within fourteen (14) calendar days from receipt of the letter by the City Manager. The City Manager will have seven (7) working days calendar days, from the stage 2 meeting, to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute provide a grievance panel and shall be empowered written response to make decisions for settling the grievance. The If no settlement is reached with the City Manager the matter may continue to stage 3. 26.6 If stage 3 is required, either party shall write to the Labour Relations Board requesting arbitration. If either party fails to make formal application to the Labour Relations Board within ninety (90) calendar days of the City Manager’s stage 2 response, the grievance panel must make its determination within ten (10) working days after the entire panel will be deemed to be irrevocably resolved. 26.7 Where a matter has been designatedreferred to arbitration, the parties shall agree to have the matter heard by a single Arbitrator mutually agreed upon by both parties. Decisions The jurisdiction of the single Arbitrator shall be determined when the same as that of a majority board. (a) If the two parties cannot agree on the appointment of an Arbitrator, either party can make application to the Minister of Labour who shall appoint an Arbitrator. (b) The expenses and compensation of the panel (3) favors a given solution. Arbitration shall be borne equally by the respective parties. 26.8 The decision of the panel shall arbitrator will be immediately forwarded to the Mayor final and the Union and shall be binding on each side. In all persons bound by this Agreement; notwithstanding the event of a deadlock fact that for any reason whatsoever one or the other of the grievance panel, parties shall not have appeared before the grievance advances to Step 5Arbitrator.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as 7.01 The CMGEU shall designate a committee of its own choosing to take up with CMG or its authorized agent any dispute involving matter arising from the interpretation, application or alleged violation of a provision interpretation of this Agreement. Grievances contract or disputes which may arise shall be settled in affecting the following manner:relations of the employees and CMG. Step 1: Within three (3) 7.02 CMG agrees to meet with the committee within 10 working days after its occurrencerequest for such meeting. Efforts to adjust grievances shall be made on CMG time. 7.03 If any matter is not satisfactorily settled, the aggrieved parties shall jointly select an arbitrator within 15 days and put the issue to final and binding arbitration. If the parties are unable to agree on an arbitrator, the parties shall request the Minister of Labour appoint an arbitrator. The costs of such arbitration shall be borne equally by the parties, except that no party shall discuss be obligated to pay any part of the complaint with cost of a stenographic transcript without express consent. 7.04 The CMGEU and CMG recognize that their relationship is a collective bargaining relationship exclusively and the Division Superintendent CMGEU and CMG agree that all disputes between the parties during the term of this contract shall be resolved exclusively by the procedures set forth in Sections 7.01, 7.02 and 7.03 of this Article. In view of the foregoing, the CMGEU agrees that during the term of this contract neither it nor any employee covered by this contract will appeal to or through any CMG body or CMG communications system on any matter involving terms and conditions of employment. However, it is expressly understood that this does not prevent the Superintendent's designee. Within three (3) additional working days the division head will reply CMGEU from presenting to the complaintNEC the CMGEU's case for new contract terms, or, in the case of a reopener, its case for a settlement of the issues covered by such reopener. The employee may have his Union representative presentNor does anything herein prevent the CMGEU from presenting its case to any CMG body or parent organization or related organization in the case of a strike called by the CMGEU against CMG. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, 7.05 Time limits provided in this Article may be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writingextended by mutual agreement. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A 1. As the first step in the grievance is defined procedure set out here-with, if any difference of opinion as to the rights of the parties under this Agreement or any dispute involving as to the interpretationconstruction or interpretation of any section or portion of the Agreement takes place, application including any letters of agreement jointly signed and appended to this agreement, representations shall first be made to the general ▇▇▇▇▇▇▇ or alleged violation chapel chairperson as promptly as possible and no later than 10 business days, (less weekends and statutory holidays) from the time the dispute comes to the attention of the party affected. 2. A Standing Committee of two representatives appointed by the Employer, and a like committee of two representatives appointed by the Union shall be maintained; and in case of a provision vacancy, absence or refusal of this Agreement. Grievances or disputes which may arise either of such representatives to act, another shall be settled appointed in his/her place. Should the following manner: Step 1: Within three general ▇▇▇▇▇▇▇ and chapel chairperson be unable to adjust the difference within seventy-two (372) working days after its occurrencehours, excluding weekends and statutory holidays, either party may forthwith refer the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply matter to the complaintJoint Standing Committee. The employee may have his Union representative presentconditions prevailing prior to any action or circumstances, which results in a dispute shall be immediately reinstated and maintained until a decision is reached. Step 2: If 3. The members of the grievance is not settled satisfactorily at Step 1, Committee shall be notified in writing by the grievance shall, executive officers of either party to this Agreement of a dispute and the Committee shall meet within ten (10) additional working business days of such notice. If a resolution is reached on an issue by the Joint Standing Committee, the resolution shall be committed in writing and signed off by both parties and be binding for the duration of the collective agreement. Each party shall retain a copy of the signed resolution. 4. If any such matter (except renewal of this agreement), including any question whether a matter is arbitral, is not satisfactorily settled within thirty ( 30) days of its first consideration at the first step, it may be submitted to final and binding arbitration by either party. If the parties are unable to agree upon an arbitrator within a period of ten (10) days, the appointment shall be submitted in writingmade by the Minister of Labor for British Columbia, through upon the Union to the Director request of Public Workseither party. The written grievance costs of such Arbitration shall set forth be borne equally by the nature parties, except that no party shall be obligated to pay part of the grievancecost of a transcript without express consent. 5. Whenever a stipulated time is mentioned in this section, the facts on which it is based, the provisions said time may be extended by mutual consent of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance parties or their representative in writing. Step 3: If 6. An Employee has the grievance is not settled satisfactorily right to be accompanied by a Union representative at Step 2, any meeting he/she takes with management regarding the grievance may, within seven (7) additional working days, be submitted in writing Employee's relations with the Employer or any matter pertaining to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5this Article.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance 17.1 It is defined as any dispute involving agreed that fruitless controversies must be avoided, and every effort made to maintain good feelings and a harmonious relationship. To accomplish this, both parties will in every instance give prompt attention to disputes, and in good faith seek to settle all differences amicably. 17.2 Under all circumstances, during the interpretation, application or alleged violation of a provision life of this Agreement. Grievances or disputes which may arise , business shall be settled continued without interruption or interference in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint any manner with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature publication and/or distribution of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violatednewspaper, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to parties agree that the grievance work will continue in writinga regular and orderly manner. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, 17.3 A Joint Standing Committee shall be submitted in writing maintained to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature consist of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by of the City Employer and two (2) representatives selected of the Union and in case of a vacancy, absence or refusal of any Joint Standing Committee representative to act, another shall be appointed by the Unionparty concerned to serve in his/her place. These One of the four (4) members of the Joint Standing Committee shall act as Chairperson for the period of one (1) year. The Chair shall alternate annually between representatives of the parties, but in any case, a Chairperson shall constitute serve until a grievance panel and replacement has been elected or appointed. The Chairperson shall be empowered to make decisions for settling elected annually by a majority vote of the grievanceJoint Standing Committee members; however, if a majority vote is not achieved, then the two (2) members representing the party not represented by the incumbent Chairperson shall agree between themselves which of them shall be appointed Chairperson. The grievance panel must make its determination incoming Chairperson shall notify the Employer and the Union President in writing within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel three (3) favors a given solution. The decision days of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each sidehis/her election or appointment, that he/she has assumed office of Chairperson. In the event of a deadlock the Chairperson's absence, the other representative to the Joint Standing Committee of the grievance panelsame party shall act as Chairperson. 17.4 To effect prompt settlement of any differences as to the interpretation, application or administration or alleged violation of this Agreement, the procedure provided hereinafter shall be followed: 17.5 If any employee, after informal discussion with the supervisor, feels he/she has good reasons to be dissatisfied with the supervisor decision, he/she may present his/her grievance advances to in accordance with Step 5.1 of the formal procedure, provided he/she does so not later than seven

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving the interpretation, application or alleged violation of a provision of this Agreement. Grievances or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply 17.1 All matters pertaining to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director proper application and interpretation of Public Works. The written grievance shall set forth the nature any and all of the grievance, the facts on which it is based, the provisions of this Agreement shall be adjusted by the Agreement allegedly violated, accredited representative of the Employer and the relief requestedaccredited representative of the Union. The Director In the event of Public Works shall have seven (7) working days the failure of these parties to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, reach a satisfactory adjustment within seven (7) additional working days, be submitted in writing to days from the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If date the grievance is not settled satisfactorily at Step 3filed in writing by either party upon the other, upon receipt of the notification, both parties matter shall have seven (7) working days be referred for final adjustment to designate a Labor Relations Committee selected as follows: two (2) representatives selected by members from the City Employer and two (2) representatives selected by members from the Union. These representatives shall constitute In the event the Labor Relations Committee fails to reach an agreement within twenty-one (21) days from the date a grievance panel is filed in writing by either party upon the other, the four (4) shall select a fifth member or they shall request the Federal Mediation and Conciliation Service to submit a list of eleven (11) names of qualified arbitrators from which the labor relations committee shall select a fifth member, who shall be empowered to make decisions for settling chairman, and the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and this committee shall be binding on each sideboth parties. The labor relations committee as thus constituted shall have no power to add to, subtract from or change or modify any provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they apply to the specific facts of the issue in dispute. 17.2 During the process of making adjustments under the rule and procedures set forth in 17.1 above, no strike or lockout shall occur. 17.3 Except as provided for in Sections 17.3.2 and 17.3.3, no grievances or claim of violation of this Agreement shall be recognized unless presented in writing within thirty (30) days from the date of the occurrence causing the complaint or grievance, except in cases where report of the grievance has been suppressed through coercion by the Employer. 17.3.1 In the event of a deadlock of the claim is one for additional wages, any such claim shall be limited to additional wages, if any, accruing within the forty-five (45) day period immediately preceding the date upon which the grievance panelwas filed in writing. 17.3.2 Where there is an automatic wage bracket adjustment due under the terms of Appendix "A", the period of adjustment shall be one (1) year from the date the grievance advances to Step 5was filed in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving ‌ Any difference concerning the interpretation, application application, or operation of this Agreement or concerning any alleged violation thereof, or any grievance arising from the suspension or dismissal of a provision any employee, or any question as to whether any matter is arbitrable, will be finally and conclusively settled without stoppage of this Agreement. Grievances or disputes which may arise shall be settled work in the following manner: Step 1: Within three Stage 1‌ Every potential grievance shall in the first instance and within seven (37) working calendar days after its occurrenceof the occurrence of the incident giving rise to the difference between the Parties, or within seven (7) calendar days of when the employee first becomes aware of the incident giving rise to the difference be discussed in a meeting with the Fire Chief or designate. If the difference is not satisfactorily settled at this discussion stage, the aggrieved party employee’s representative shall discuss submit a grievance in writing within seven (7) calendar days of the complaint with meeting. Stage 2‌ Within seven (7) calendar days of receipt of the Division Superintendent written grievance, the Fire Chief or the Superintendent's designee. Within three (3) additional working days the division head will reply designate shall give a written response to the complaintemployee and the Union. The employee may have his Union representative present. Step 2: Should the grievance be denied, written explanations shall be given. Stage 3‌ If the grievance is not settled satisfactorily resolved at Step Stage 2 the Union within fourteen (14) calendar days may submit in writing to the Fire Chief the Union’s intention to refer the matter to a Board of Arbitration consisting of three (3) members, one (1) of whom shall be appointed by the Employer and one (1) by the Union. In the event that either Party fails to nominate a member of the Board, then the other member shall have the right to nominate on the defaulting Party’s behalf. The two (2) members so appointed, shall themselves appoint a Chair of the Arbitration Board. Should the members fail to agree on a Chair, said Chair shall be appointed by the Minister of Labour. The provisions of the Labour Relations Code of British Columbia shall govern such arbitration. The majority decision of the Board shall be final and binding on both Parties and each Party shall bear the expense of their nominee and pay half the expenses of the Chair. Amending Time Limits‌ Wherever there is a stipulated time line expressed within Article 13, the grievance shall, within ten (10) additional working days, said time line may be submitted in writing, through extended only by mutual written consent of the Parties. Failure of the Union to adhere to the Director of Public Works. The written grievance time requirements in this Article shall set forth result in the nature abandonment of the grievance, the facts on which it is based, the provisions a without prejudice basis. Failure of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days Employer to respond adhere to the grievance time requirements shall result in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted being resolved in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature favour of the grievanceUnion, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5without prejudice basis.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as 14.01 The parties agree to meet promptly through their authorized representatives to discuss any dispute involving which may arise between them. Every effort shall be made to resolve the dispute between the parties. 14.02 [a] Normal working days shall be deemed not to include Saturdays, Sundays or statutory holidays for the purposes of this Article. [b] Any complaint or dispute between the Company and an employee or employees, shall be dealt with as follows: Step 1 The dispute or complaint will be reduced to writing in the form of a grievance and presented to the Supervisor who will give his/her written reply to the ▇▇▇▇▇▇▇ within three (3) normal working days; failing settlement: Step 2 The grievance shall be submitted to Senior Management within three (3) normal working day of the Supervisor's reply. The grievance shall be discussed between the Grievance Committee, the international representative of the Union and representatives of the Company. Senior Management will give an answer in writing within ten (10) normal working days; failing settlement: Step 3 Where a grievance related to the interpretation, administration, application or alleged violation of this Agreement remains unsolved after the grievance procedure outlined above has been exhausted, including any question as to whether a provision of this Agreement. Grievances or disputes which may arise matter is arbitrable, the matter shall be settled referred to arbitration within thirty-five (35) calendar days following receipt of the decision at Step 2. 14.03 The board of arbitration shall consist of one nominee to be appointed by each party to the Agreement and a chairperson to be selected by the nominees so appointed. The party desiring arbitration shall refer the matter to arbitration by appointing its nominee, and giving notice in writing to the following manner:other party of such appointment, together with a written statement of the question to be arbitrated, within thirty-five (35) calendar days of the decision at Step 2. All grievances must be Step 1: Within 14.04 The bargaining committee shall consist of three (3) working days after its occurrence, the aggrieved party members and they shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives The Company will pay the Bargaining Committee for time spent negotiating the collective agreement for a maximum of seven (7) days per member at their regular hourly wage rate. 14.05 The Grievance Committee and the ▇▇▇▇▇▇▇ if agreed by both parties will be paid for time lost during their regular working hours in grievance meetings with the Company at their regular hourly wage rate. 14.06 The Company will pay for reasonable time lost in the investigation of grievances provided the ▇▇▇▇▇▇▇ involved has obtained the permission of his/her supervisor. Such permission will not be unreasonably withheld. With respect to discipline involving a suspension or termination, stewards shall constitute be granted a reasonable period of time, without loss of wages, to investigate and file discipline related grievances within the facility. 14.07 During the life of the collective agreement, should meetings be held between the bargaining committee and the Company during regular working hours exclusive of grievance, arbitration and negotiation meetings, the employees involved shall be paid for time lost in those meetings at their regular hourly wage rate. 14.08 An employee who has successfully completed his/her probationary period shall be entitled to file a grievance panel and alleging discharge without just cause. Such grievance shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock filed at Step 2 of the grievance panel, procedure within five (5) normal working days of the occurrence. The Step 2 meeting shall take place within 2 calendar weeks of filing the grievance advances and will include the Union's international representative if available. 14.09 Employees who have not completed their probationary period are not entitled to Step 5submit a grievance regarding their discharge and may be discharged without cause and without notice. 14.10 The time limits prescribed in this Article may be extended by mutual agreement in writing signed by both the Company and the Union. 14.11 The parties may agree on a person to act as sole arbitrator in a particular case; he/she shall have all the powers of a board of arbitration under this Agreement. 14.12 Each of the parties hereto shall bear the expense of its own nominee to a board of arbitration and the parties shall jointly and equally bear the fees and expenses, if any, of the chairperson of such a board of arbitration, or the sole arbitrator, as the case may be. 14.13 The arbitration board shall not make any decision inconsistent with this Agreement, nor alter, modify, or amend, any part of this Agreement, but shall only consider the questions in dispute. 14.14 With the exception of discipline resulting from conduct involving fraud, harassment, discrimination or health and safety issues, if there is a period of twenty-four (24) months or more during which the employee has no discipline whatsoever (the "discipline-free period"), any discipline which occurred before the discipline-free period will not be considered as a basis for future disciplinary action against the employee. The calculation of the discipline-free period will only commence as of the date of ratification. 14.15 Bargaining unit employees will be allowed to review their personnel file on their own time after setting up an appointment with Human Resources.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is 20.1 Grievances, which for the purposes of this AGREEMENT, shall be defined as any dispute involving disputes with respect to the interpretation, interpretation or application or alleged violation of a provision the specific terms of this Agreement. Grievances AGREEMENT, and or disputes which may arise the Town’s Personnel Ordinance (Chapter 303) shall be settled processed in the following manner: Step 120.1.1 A member of the bargaining unit who believes he/she has a grievance shall first present the grievance, in writing, within twenty (20) calendar days of its occurrence, to his/her immediate supervisor or department head. A reasonable effort shall be made to resolve the grievance, informally, within seven (7) working days. 20.1.2 If the member of the unit is not satisfied with the decision rendered above, the SPFA shall reduce the grievance to writing and submit it to the Fire Chief within five (5) working days of the decision above. The written grievance shall contain: Within (a) a concise statement of the events allegedly giving rise to the grievance, (b) the specific section of this AGREEMENT alleged to be violated, (c) all evidence available in support of the claimed grievance, and (d) a statement as to when the grievance arose, became known or should have become known to the member of the unit. A written determination with respect to the grievance shall be made by the Fire Chief within five (5) working days. 20.1.3 If the decision of the Fire Chief is not satisfactory to the member of the unit, the SPFA may appeal the grievance to the Town Manager, in writing, within three (3) working days after its occurrence, the aggrieved party days. The Town Manager shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply render his/her decision in writing to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature member of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, unit and the relief requested. The Director of Public Works shall have SPFA within seven (7) working days to respond to of the grievance in writing. Step 3: If date the grievance is received. 20.1.4 In the event that the determination of the Town Manager is not settled satisfactorily at Step 2acceptable to the SPFA, the grievance it may, within seven five (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (75) working days after the date of that determination or the date the determination is due, request that the matter be submitted to designate two (2) representatives arbitration by notifying the Town Manager in writing by certified or registered mail-return receipt requested, or by hand delivery with written acknowledgment of receipt. Provided, however, that discharges shall be reviewed pursuant to section 20.3 below. 20.1.4.1 The arbitrator shall be selected by the City Town Manager and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination SPFA within ten (10) working days after the entire panel notice has been designatedreceived. Decisions shall be determined when a majority of If the panel (3) favors a given solution. parties fail to agree upon an arbitrator, either may request the Maine Labor Relations Board to provide an arbitrator in accordance with its rules. 20.1.4.2 The decision of the panel arbitrator shall be immediately forwarded final and binding with regard to the Mayor dispute and consistent with applicable law and this Agreement. The arbitrator shall not have the authority to amend or modify, or establish new terms or conditions with respect to this Agreement. Wherever possible, the arbitrator shall render the decision within thirty (30) calendar days after the conclusion of the hearing and any final written or oral argument. 20.1.4.3 All fees and expenses for the arbitrator’s services and the Union and proceedings shall be binding on borne equally by the Town and SPFA. However, each sideparty shall be responsible for bearing the costs of preparing and presenting its own case and compensating its own representatives and witnesses. In the event of If either party desires a deadlock verbatim record of the proceedings, it may cause such a record to be made; providing it pays for the record. 20.2 Grievances not processed within the time periods provided by this Article shall be deemed waived. 20.3 Nothing in this Article shall be construed to mean that any member of the bargaining unit shall automatically be supported by, reimbursed by, or have a grievance panelpresented by the SPFA, without prior approval in writing of the grievance advances to Step 5SPFA Grievance Committee.

Appears in 1 contract

Sources: Fire/Ems Contract

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving 19.01 Upon proper notification to the interpretationDepartment Head, application or alleged violation his agent, the Corporation agrees that permission shall be granted to the president of the Union, the Chairman of the Grievance Committee and the shop ▇▇▇▇▇▇▇ in the particular group of the Union to leave their employment, temporarily, in order to carry on discussions with the Corporation, or its representatives with respect to the investigation of a provision grievance between the Union and the Corporation and they shall suffer no loss of this Agreementpay for the time spent. Grievances or disputes which may arise This notification shall include time and location and the name of the Corporation official concerned. Notification shall be settled in given no later than the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply day prior to the complaint. The employee may have his Union representative presentday of discussions. Step 2: If 19.02 The names of the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, shop stewards shall be submitted in writing, through the Union forwarded to the Director of Public Works. The written Human Resources, the City Manager and the City Council. (A) A grievance shall set forth be forwarded to the nature City within twenty (20) days of alleged offence. (B) The grievance shall be forwarded to the Supervisor concerned and shall be signed by any member of the Local 51 executive, or shop ▇▇▇▇▇▇▇, in order to be considered as a valid grievance, the facts on which it is based, the provisions . In case of an item that affects any member of the Agreement allegedly violatedUnion, and a grievance may be filed by the relief requested. The Director of Public Works shall have seven (7) working days to respond to Union, following the grievance in writingprocedure mentioned above. Step 3: If the grievance is not settled satisfactorily at Step 2(C) The Department Head or Supervisor concerned shall reply, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the Union in respect to a grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven submitted within five (75) working days of the submission. (D) Should the Union find the reply from the Department Head or Supervisor to designate two (2) representatives selected by be unsatisfactory, then the grievance shall be forwarded to the City and two (2) representatives selected by the Union. These representatives Manager who shall constitute a grievance panel and shall be empowered reply to make decisions for settling the grievance. The grievance panel must make its determination same within ten (10) working days after days. (E) If the entire panel has been designated. Decisions matter of the grievance remains unresolved, then the normal procedure in respect to arbitration shall be determined when a majority followed. (F) It should be clearly understood that any of the panel (3) favors a given solution. The decision of the panel shall foregoing procedures may be immediately forwarded waived or altered subject to the Mayor and full agreement between the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5Employer.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE. A grievance is defined as any dispute involving SECTION 1. Any and all complaints, disputes, claims, differences and/or grievances (except that delinquent contributions may also be resolved outside this procedure by bringing an action in federal court or through a motion for administrative expenses/proof of claim in bankruptcy court) arising out of or relating to the interpretation, interpretation or application or alleged violation of a provision the provisions of this Agreement. Grievances or disputes which may arise Agreement shall be settled settled, adjusted and disposed of in the following manner: Step 1: Within A. Between the Employer directly involved and the duly authorized representative of the Union. B. Between the Business Manager and the Association’s official or representative. C. Grievances not settled in accordance with (A) or (B) above shall be referred to a Joint Adjustment Board consisting of five (5) representatives from the Sheet Metal & Air Conditioning Contractors Association of New York City, Inc., and SMACNA of Long Island, Inc., and five (5) representatives from the Union plus the respective attorney for each, whose decision shall be final and binding. Prior written notice of fourteen (14) days shall be required before a matter is referred to the Joint Adjustment Board, any deadlocked Joint Adjustment Board that is not taken to arbitration within seven (7) working days shall be considered withdrawn. D. Grievances not resolved under procedure described in (C) above because of deadlock or otherwise shall be referred to arbitration as set forth in Section 2 of this Article XVIII. SECTION 2. Arbitration shall be had in accordance with the Labor Tribunal Rules of the American Arbitration Association. All cases shall be heard in chronological order within seven (7) calendar days from the date either party requests arbitration. Any group or series of cases related in substance or time may be submitted for arbitration to one Arbitrator at the same time. SECTION 3. Parties shall share the cost of arbitration equally. SECTION 4. Arbitrator’s award shall be final, binding and conclusive upon the parties and employees for all purposes. SECTION 5. The Arbitrator shall have full power and authority to determine all complaints, disputes, claims, differences and grievances in accordance with the terms of the Collective Bargaining Agreement signed by the parties and to award such remedy or relief as is deemed reasonable and proper. SECTION 6. There shall be an expedited hearing before the Arbitrator within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint of disagreement in connection with the Division Superintendent proposed layoff, discharge or termination of a Shop ▇▇▇▇▇▇▇. A. Upon the Superintendent's designee. Within failure on the part of either party to comply with the Arbitrator’s award the other party, after three (3) additional working days the division head will reply to the complaint. The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1, the grievance shall, within ten (10) additional working days, shall be submitted in writingreleased from the “no strike-no lockout” provision, through as the Union case may be. B. Upon the failure of a party to comply with the Director of Public Works. The written grievance shall set forth the nature of the grievanceaward, the facts on which it is based, same Arbitrator who heard the provisions of the Agreement allegedly violated, and the relief requested. The Director of Public Works shall have seven original matter must meet within three (73) working days of a request to respond to determine whether or not there has been compliance. If the grievance Arbitrator finds non-compliance, he must make an award providing for liquidated damages in writingthe sum of one thousand dollars ($1,000.00) per day commencing with the third working day following the issuance of the second award. Step 3: If SECTION 8. It is agreed that funds collected by the grievance is not settled satisfactorily at Step 2Joint Adjustment Board as fines, awards, or other compensation, may be used by the grievance may, within seven (7) additional working days, be submitted in writing Sheet Metal Workers’ Local Union No. 28 Education Fund to the Mayor or, his/her designee, fund educational projects upon recommendation to and the Human Resources Department. The written materials shall include the nature approval of the grievanceJoint Adjustment Board. SECTION 9. It is understood and agreed that in the event an Employer is unsuccessful in securing such work of a nature to be determined to be lower than No. 10 U.S. Gauge, the facts on which it is basedsuch a matter should not be construed to alter, provisions of modify, amend, change or apply to any and all work historically traditionally and customarily performed by journeyperson and apprentice sheet metal workers in the collective bargaining agreement allegedly violated and proposed remediesunit in accordance with the Collective Bargaining Agreement. SECTION 10. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and There shall be empowered to make decisions no strike or lockout at any time during the term of this Agreement except as provided for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panel, the grievance advances to Step 5.in Section 7 A.

Appears in 1 contract

Sources: Sheet Metal Contracting Agreement

GRIEVANCE PROCEDURE. A grievance Article - 15 - Arbitration Procedure Clause - 20.9 - Recognition of Management Functions FAIRMONT CHÂTEAU LAURIER CANADIAN AUTOMOBILE, AEROSPACE TRANSPORTATION AND GENERAL WORKERS, UNION OF CANADA (CAW-CANADA) LOCAL 4270 The Company agrees not to enter into any agreement or contract with unionized employees, individually or collectively, which is defined as in any dispute involving way contrary to the interpretation, application or alleged violation of a provision terms and provisions of this Agreement, unless mutually agreed in writing between the Director, Human Resources, and the Local Chairperson. Grievances Any such Memorandum/Letter of Agreement, Letter of Understanding/Intent or disputes which may arise shall be settled in the following manner: Step 1: Within three (3) working days after its occurrence, the aggrieved party shall discuss the complaint with the Division Superintendent or the Superintendent's designee. Within three (3) additional working days the division head will reply verbal agreements agreed to prior to the complaintsigning of this Collective Agreement and not included in this Agreement will be considered null and void. Signed at Ottawa, Ontario this day of 2005. For: For: THE COMPANY: THE UNION: (General Manager) (National Representative) FAIRMONT CHÂTEAU LAURIER CANADIAN AUTOMOBILE, AEROSPACE TRANSPORTATION AND GENERAL WORKERS, UNION OF CANADA (CAW-CANADA) LOCAL 4270 The employee may have his Union representative present. Step 2: If the grievance is not settled satisfactorily at Step 1parties herein agree that, the grievance shall, within ten (10) additional working days, be submitted in writing, through the Union to the Director of Public Works. The written grievance shall set forth the nature of the grievance, the facts on which it is based, notwithstanding the provisions contained in clause 5.4 of the Agreement allegedly violatedand provided that an agreement has been reached between the parties signatory to this Agreement for each department it will be permissible to change regularly assigned days off from week to week in order to maximize the regular hours of work that an employee may be required to work within said work week. It is agreed that the provision of clause 5.4 shall not apply as long as said letter is in effect. It is furthermore agreed that, once a Letter of Agreement has been signed by both parties, said letter may only be cancelled by having one party serving a written notice of thirty (30) calendar days to the other party. Signed at Ottawa, Ontario this day of 2005. For: For: THE COMPANY: THE UNION: (General Manager) (National Representative) LEGACY HOTELS CORPORATION (FAIRMONT CHÂTEAU LAURIER) CANADIAN AUTOMOBILE, AEROSPACE TRANSPORTATION AND GENERAL WORKERS, UNION OF CANADA (CAW-CANADA) LOCAL 4270 MAXIMIZATION OF REGULAR HOURS OF WORK Both parties agree that, during a period of reduction in regular hours of work, and the relief requested. The Director of Public Works shall have seven (7) working days to respond to the grievance in writing. Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance may, within seven (7) additional working days, be submitted in writing to the Mayor or, his/her designee, and the Human Resources Department. The written materials shall include the nature of the grievance, the facts on which it is based, notwithstanding any provisions of the collective bargaining agreement allegedly violated and proposed remedies. A conciliation meeting will be held Step 4: If the grievance is not settled satisfactorily at Step 3, upon receipt of the notification, both parties shall have seven (7) working days to designate two (2) representatives selected by the City and two (2) representatives selected by the Union. These representatives shall constitute a grievance panel and shall be empowered to make decisions for settling the grievance. The grievance panel must make its determination within ten (10) working days after the entire panel has been designated. Decisions shall be determined when a majority of the panel (3) favors a given solution. The decision of the panel shall be immediately forwarded to the Mayor and the Union and shall be binding on each side. In the event of a deadlock of the grievance panelagreement, the grievance advances to Step 5.following shall apply:

Appears in 1 contract

Sources: Collective Bargaining Agreement