GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee: (a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or, (b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative. (c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism. (d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter. 18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded. 18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative. 18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form. 18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances 18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith: (a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and (b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 20.01 The parties recognize members of Local No. 465 of the value International Association of informally resolving problems prior Fire Fighters shall, from among their members, appoint a Grievance Committee of 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 presenting 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 formal grievance, relative to working conditions, wages, unjust discipline, suspension, supersedure or discharge, etc. Members will be allowed to have Union representation when the member is summoned to interact with the employer for any of the above issues in dispute. The Committee shall have the power to reject any grievance, subject to appeal to the Association by the grievor. The grievance or using alternative dispute resolution mechanisms must be presented to resolve grievances that are presented the Grievance Committee within four (4) days of the event giving rise to the grievance. The duly elected Grievance Committee, as recognized in accordance with this Article. AccordinglyArticle 20.01, when an employee:
(a) within the time limits prescribed in clause 18.11shall, gives notice that he or she wishes while on duty, be entitled to take advantage attend without loss of this clause pay for the purpose attendance of informally resolving a problem without recourse to a formal grievance any meeting with the Corporation for Step 1 and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeStep 2 grievances.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the 20.03 Step 1 Every grievance shall be deemed reduced to have been presented on writing stating the day on Article(s) in which it the grievance is postmarked founded, a description of the alleged violation/events and it the remedy sought, and shall be deemed to have been received presented by the Employer on Grievance Committee to the day it is date stamped received by Fire Chief, or, in the appropriate office absence of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered Chief to the address shown on Deputy Fire Chief, within ten (10) calendar days after the happening of the event giving rise to the grievance. Any grievance form.
18.05 A grievance which is not presented in writing within such time shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied accepted or considered by the EmployerFire Chief or Deputy Fire Chief. Individual Grievances
18.06 An employee who wishes Such days not to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor include Saturdays, Sundays, or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herHolidays.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for 7.1 For the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have defined as a complaint by any employee or the Union that there has been presented on the day on which it is postmarked and it a violation, misinterpretation or misapplication of any provision of this agreement.
7.2 The grievance procedure shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.as follows:
18.05 STEP 1: A grievance shall not be deemed to be invalid presented by reason only the aggrieved employee and/or the Union within five (5) working days of the fact that it is not in accordance with employee's or Union's knowledge of the form supplied by occurrence of the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge superior who shall forthwith:attempt to settle the problem within one (1) working day.
(a) forward STEP 2: If the grievance is not resolved according to Step 1, it shall be reduced to writing and the aggrieved party and/or the Union shall present the grievance to the representative appropriate director within three (3) working days of Step 1. The appropriate director shall hear the grievance and render a decision to the Union within five (5) working days thereof.
STEP 3: If the grievance is not resolved in accordance with Step 2, it shall be presented to the Town Manager or his or her designee within three (3) working days of the Employer authorized Step 2 denial. The Town Manager or his or her designee shall render a decision within five (5) working days of the hearing thereof.
STEP 4: In the event the grievance is not settled in a manner satisfactory to deal the employee and/or the Union, then the grievance may be submitted to arbitration in the manner provided herein. Members of the Union, Stewards and the aggrieved employee and the employee's witnesses or Town employees will not suffer loss of pay for time spent in processing a grievance by mutual agreement. Grievances must be submitted to arbitration within thirty (30) working days after the completion of Step 3.
7.3 The parties also agree on all cases of suspension or dismissal, the aggrieved and/or the Union may proceed to Step 3 of the grievance procedure upon notification by the Union to the Town Manager or his or her designee. The Town Manager or his or her designee shall render a decision within five (5) working days of the notification thereof, in accordance with grievances Step 3.
7.4 In the event a grievance is not settled under Step 1, 2 or 3 above, said grievance shall, at the appropriate levelrequest of the Union or the Town, andbe submitted to arbitration to the American Arbitration
(b) provide the employee with a receipt stating the date on which 7.5 The parties agree that during the grievance was received by him or herprocess, failure to meet the timing requirements as noted in Article 7, will necessitate that the grievance be voided against the party at fault.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 14.01 Any dispute between the Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance.
14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be forfeited and waived by the aggrieved party.
14.03 The parties recognize the value procedure for adjustment of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeand disputes shall be as follows:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee and their supervisors, it is agreed that the period between the initial discussion present or absent at his or her option) and the final response shall not count as elapsed time for immediate supervisor, or in the purpose absence of grievance time limits; or,the immediate supervisor, the General Manager.
(b) following Failing agreement of subsection (a), the presentation grievance shall be submitted in writing within fifteen (15) working days and shall clearly set forth the issues and contentions of a the aggrieved party, and the grievance shall be dealt with by the Shop Xxxxxxx and/or Union Representative and within the time limits prescribed under this Article, gives notice to General Manager or his or her duly appointed representative in the delegated grievance step authority event of his or her intention to take advantage of alternative dispute resolution mechanismsabsence. The General Manager or his or her duly appointed representative shall render a written decision on any grievance initiated by an employee or the Union, within fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee andCo-operative, where appropriate, the Alliance representativewithin fifteen (15) working days.
(c) No representative Failing agreement of subsection (b), then upon request of either party, but not later than ten (10) calendar days thereafter, the Employer or the Bargaining Agent matter shall seek by intimidationbe referred to an Arbitrator, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismselected as per Article 15.
(d) When If the Union refers the matter to an employee wishes to take advantage Arbitrator as per Article 14.03 (c) above, a copy of a process outlined under 18.01 (a) or 18.01 (b) above that pertains the letter shall also be sent to the application of FCL Home Office Labour Relations Department in Saskatoon.
14.04 The Co-operative and the Union agree that at any time prior to the hearing date for an arbitration they may voluntarily agree to use a provision mutually acceptable mediator in their attempts to resolve the grievance. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the collective agreement, Collective Agreement to impose or require the employee may, at parties to accept his or her request, suggested settlement to the matter in dispute. All expenses and fees that may be represented incurred by such mediator shall be borne equally by the Alliance at any meeting or mediation session held Co-operative and the Union. Unless otherwise mutually agreed to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer Co-operative and the employee andUnion, this procedure may only be used in situations where appropriate, the Alliance representativegrievance mediation services are not available through provincial legislation.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement.
Section 2. The parties Employer will recognize representatives designated by the value Union as the grievance representatives of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with the bargaining unit, having the duties and responsibilities established by this Article. Accordingly, The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when an employee:so designated.
(a) within Section 3. It is recognized and accepted by the time limits prescribed in clause 18.11, gives notice Union and the Employer that he or she wishes the processing of grievances as hereinafter provided is limited to take advantage the job duties and responsibilities of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisorsshall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allowed a reasonable amount of time with pay when a grievance is investigated and presented to the Employer during normal working hours, provided that the employee and the Union have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer.
Section 4. Grievances shall be resolved in conformance with the following procedure:
STEP 1. The Union xxxxxxx, with or without the employee, shall take up the grievance within ten (10) days of its occurrence or the employee’s knowledge of its occurrence with the employee’s supervisor. The supervisor shall attempt to adjust the matter and shall respond to the xxxxxxx within three (3) working days.
STEP 2. In the event the grievance is not resolved to the satisfaction of the Union in Step 1, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
be presented in writing within seven (b7) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice days to the delegated grievance step authority of his or her intention department head who may conduct a new hearing and who shall submit a written decision to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer Union and the employee and, where appropriate, the Alliance representativewithin ten (10) days thereafter.
(c) No representative of STEP 3. In the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action event no settlement is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailreached, the grievance shall be deemed presented in writing within seven (7) days to the County Administrator. The County Administrator will respond in writing to the Union within ten (10) days.
STEP 4. A grievance not resolved in Step 3 of the grievance process may be submitted to the Bureau of Mediation Services by mutual agreement. It is recognized by the parties that the intervention of the EMS does not preclude either party from proceeding to arbitration. The use of the EMS is for a possible mediated resolution only.
STEP 5. If a grievance remains unresolved, the Union may, within seven (7) calendar days after the response of the County Administrator, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union. If the parties fail to mutually agree upon an arbitrator within seven (7) calendar days, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have been presented the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name, and the other party shall then strike one name. The process will be repeated, and the remaining person shall be the arbitrator. A hearing on the day grievance shall be held promptly by the arbitrator and a decision shall be rendered by him within thirty (30) days of the date of hearing. All expenses of the cost of the arbitrator shall be duly shared and assessed equally by the parties. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
Section 5. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted to him/her by the Employer and the Union, and shall have no authority to make a decision on which it any other issue not so submitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The decision shall be based solely upon the arbitrator’s interpretation or application of the express terms of this Agreement and on the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer and the Union and the employees, to the extent established by the PELRA of 1971, as amended.
Section 6. If a grievance is postmarked and not presented within the time limits set forth above, it shall be deemed considered waived. If a grievance is not appealed to have been received by the next step within the specified time limit or any agreed upon extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer on does not answer a grievance or an appeal thereof within the day it is date stamped received by the appropriate office of the department or agency concerned. Similarlyspecified time limits, the Employer shall be deemed Union may elect to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on treat the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact as denied at that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward step and immediately appeal the grievance to the representative next step. The time limit in each step may be extended upon mutual written agreement of the Employer authorized and the Union.
Section 7. Any matters governed by statutory provisions except as expressly provided for in this Agreement shall not be considered grievances under this Agreement. In the event that more than one procedure is available for resolution of a dispute arising from any provisions covered by this Agreement, the aggrieved employee(s) shall be limited to deal with grievances at one procedure through which remedy may be sought. The aggrieved employee(s) shall indicate, in writing, which procedure is to be utilized, and shall sign a statement to the appropriate level, and
(beffect that the choice of any one procedure precludes the aggrieved employee(s) provide the employee with from making a receipt stating the date on which the grievance was received by him or hersubsequent appeal under any other procedure.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 8.01 Differences or disputes arising from the value interpretation or application of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual collective agreement between the Employer and the employee andshall be considered as grievances and shall be dealt with in the following manner, where appropriateand all grievances shall be submitted and answered in writing, and shall state the Article(s) and clause(s) in dispute, the Alliance representative.
(c) No representative nature of the Employer or grievance and the Bargaining Agent remedy sought:
Step 1: An employee having a grievance shall seek by intimidationpresent it to his Xxxxxxx in writing, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
and they shall jointly take the matter up within five (d5) When an employee wishes to take advantage working days of a process outlined under 18.01 (a) or 18.01 (b) above that pertains the event giving rise to the application of grievance to the Departmental Head or designate within the Home, who shall have four (4) working days in which to render a provision decision. One member of the collective agreementUnion Committee employed at the same Home as the grievor may also assist in presentation of the grievance. Failing a satisfactory settlement, the employee maysecond Step of the grievance procedure shall be invoked within four (4) working days of the Departmental Head or designate’s answer, at his or her requestas follows:
Step 2: The grievor, be represented by Xxxxxxx, and Union Committee member shall take the Alliance at any meeting or mediation session held to deal grievance up with the matter.
18.02 In determining Administrator of the time within which any action Home or designate, who shall have four (4) working days to render a decision. If a settlement is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailreached, the grievance shall be deemed submitted within four (4) working days of the Administrator's answer to have been presented on the day on which it is postmarked and it Step 3 of this procedure.
Step 3: The grievance shall be deemed submitted to have been received the Director of Long Term Care and Services for Seniors or designate who shall render a decision within four (4) working days. The grievor may be represented at this Step by the Employer on Union Committee. A representative from the day it is date stamped received by Human Resources Department shall participate in the appropriate office of the department or agency concernedproceedings at this Step. SimilarlyFailing a satisfactory settlement, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only Fourth Step of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this be invoked within four (4) working days of the answer of the Director of Long Term Care and Services for Seniors. The grievance shall be submitted to the employee's immediate supervisor Chief Administrative Officer or local officer-in-charge who shall forthwith:
his designate, which will meet with the Union Committee within fourteen (a14) forward the grievance to the representative days of the Employer authorized to deal with grievances at date of request for such meeting. The decision of the appropriate level, and
Chief Administrative Officer or his designate shall be given within seven (b7) provide the employee with a receipt stating working days from the date on which of such meeting. Where the grievance was received union specifically requests, the matter will be heard by him or herthe Chief Administrative Officer. If the parties at this Step are unable to reach a satisfactory settlement, then the matter shall be taken to arbitration within fifteen (15) working days, as defined in the Ontario Labour Relations Act.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 A. The representation for the effective handling of grievances between the parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with under this Article. Accordingly, when an employeeAgreement shall be:
(a1) within The Union will be represented by a properly designated xxxxxxx at each location who will be empowered to settle all local grievances.
2) The Company will be represented by an authorized representative at each location who will be empowered to settle all local grievances not involving changes in Company policy.
3) The Union and the time limits prescribed Company will at all times keep the other party advised through written notice of any change in clause 18.11, gives notice that he or she wishes authorized representatives.
4) Accredited representatives of the Union shall be permitted to take advantage of enter any location on the system where employees under this clause Agreement are located for the purpose of informally resolving investigating grievances and for purposes of visitation upon proper advance notification and approval. Upon proper advance notice and approval, shop stewards or an elected officer of the Union will be allowed a problem without recourse reasonable amount of time off during work hours to a formal grievance investigate or present grievances and facilitating discussions between attend Union meetings, provided that work assignments shall have priority. Upon request and approval, the employee Company will provide stewards space for meetings at all Centers and their supervisors, it at Stations where space is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,available.
(b5) following the presentation of a grievance and within the All time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated set forth in this Article shall refer to calendar days -- recognized holidays being excluded and may be extended by mutual written agreement between the Employer parties. It is expressly understood and the employee andagreed that, where appropriate, the Alliance representative.
(c) No representative if any of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated frames set forth in this Article may be extended are violated by mutual agreement between the Employer and the employee and, where appropriateCompany, the Alliance representative.
18.04 Where Employee shall be awarded the provisions of clauses 18.06desired settlement without precedent. Furthermore, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance if the time frames set forth are violated by mailthe Union, the grievance shall be deemed to have been presented considered withdrawn. Timeframe disputes will be resolved through the grievance process.
6) If an Employee is unavailable or does not work his full shift on the last day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarlytime frames under the procedures of this article, the Employer shall be deemed to have delivered a reply at any level on Company will issue the date on which the notice/letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed Employee upon his first full day returned to be invalid by reason only of the fact that it is not in accordance work, with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance copy to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.Union
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 12.01 In the value event that either the Employer, Trade Division, or the Union wish to process a grievance covering the interpretation, application, operation, or an alleged violation of informally resolving problems prior this Agreement, such grievance shall be reduced to presenting a formal writing and shall be submitted by the one party to the other within twenty (20) days of the event giving rise to the grievance or using alternative dispute resolution mechanisms and proceed to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:step (d) below.
(a) An aggrieved party shall within fifteen (15) days of the time limits prescribed alleged violation submit his complaint in clause 18.11writing to the Xxxxxxx (or where no Xxxxxxx is present, gives notice that he or she wishes the Business Representative of the Union) who shall endeavor to take advantage of this clause for settle the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions complaint between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,his immediate supervisor.
(b) following If the presentation of a grievance complaint is not settled within two (2) days, (excluding Saturdays, Sundays, and within the time limits prescribed under this Article, gives notice holidays) it may be referred to the delegated grievance step authority Project Superintendent and an official representative of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeUnion.
(c) No representative 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. Pre-Arbitration Process
(i) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration.
(ii) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served.
(iii) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a
(iv) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held.
(v) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the Bargaining Agent recommendation.
(vi) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall seek by intimidationaccordingly be resolved, threat and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other means implementation schedule as may be included in the JGP recommendations.
(vii) In the event either Party determines that it is not prepared to compel an employee accept the recommendation of the JGP, either Party may then refer the matter to either participate or not Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of receipt of the JGP recommendations.
(viii) No lawyers shall be permitted to participate in an alternate dispute resolution mechanismthe JGP proceedings.
(d) When an employee wishes to take advantage of a process outlined under 18.01 If the complaint is not settled within ten (a10) or 18.01 days (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, excluding Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and holidays) it shall be deemed referred to have been received 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 each of the parties and a neutral chairman appointed by the Employer on members. Each party shall bear the day expense of their appointee and the expense of the chairman shall be shared equally by the parties.
(e) If either party fails to appoint a member to the Arbitration Board within ten (10) days, or if the appointed members cannot agree on
(f) The Arbitration Board shall be vested with the authority to decide whether any matter referred to it is date stamped received by the appropriate office arbitrable. It shall make its decision within fourteen (14) days of the department or agency concerned. Similarly, appointment of the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formChairman.
18.05 A grievance shall not be deemed to be invalid by reason only (g) By mutual consent of the fact that it is not in accordance with parties the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herforegoing time limits may be extended.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee has no grievance until she has first given her immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) workdays after the circumstances giving rise to the complaint occurred or originated. If the supervisor is unable to adjust the complaint to mutual satisfaction within five (5) workdays, the employee may proceed with the grievance procedure at step 1 within five (5) workdays after the decision of the supervisor. The parties to this Agreement recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion stewards and the final response CLAC Representatives as the agents through which employees shall not count as elapsed time for the purpose of grievance time limits; or,process their grievances.
(b) following the presentation of a grievance 18.02 The reference to days excludes Saturdays, Sundays and within the time public holidays. Time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated mentioned in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative on consent of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excludedboth parties.
18.03 The time limits stipulated in this Article may Employer or the Union shall not be extended by mutual agreement required to consider or process any grievance which arises out of any action or condition more than five (5) workdays after the subject of such grievance occurred. If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period shall not apply to differences arising between the Employer and parties hereto relating to the employee andinterpretation, where appropriate, application or administration of the Alliance representativeCollective Agreement.
18.04 Where A Group Grievance is defined as a single grievance, signed by a xxxxxxx or a CLAC Representative on behalf of a group of employees who have the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present same complaint. Such a grievance by mail, must be dealt with at successive stages of the grievance procedure, commencing with step 1. The grievors shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown listed on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present Should such a grievance at any prescribed level in be referred to arbitration, the grievance procedure matter shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with be adjudicated as a receipt stating the date on which the grievance was received by him or hergroup grievance.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize There shall be established a Canadian Joint Conference Board (see Article XVI) that shall have oversight of the value following Grievance Procedure. All disputes and controversies as to the meaning, interpretation, application or alleged violation of informally resolving problems prior any provision of this Agreement shall be treated as a 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 presenting change, alter, modify or amend the terms or intent of this Agreement. Any provision in a formal local Agreement contrary to, or in conflict with the terms of this Agreement shall not be 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 terms and intent of this article is subject to the foregoing.
Step 1. A grievance or using alternative dispute resolution mechanisms shall be filed, in writing, by either party within ten (10) working days of the circumstances giving rise to the grievance, a copy of which must be sent to the CPFA office, and an effort shall be made by the representatives of the Union and the Employer to resolve grievances that are it within a period of ten (10) working days from the filing of the grievance.
Step 2. Failing Settlement in Step 1: An International Representative of the United Association and an Employer Representative shall meet within a period of ten (10) working days thereafter for the purpose of attempting to settle the grievance. Failing settlement in Step 2, the grievance may be advanced to Step 3.
Step 3. The grievance may be presented in accordance as a request for arbitration by filing it together with this Articlea statement of the grievance, or matter to be arbitrated, the dates upon which it occurred, full particulars of the claim, the parties involved and the remedy requested with the Canadian Joint Conference Board. Accordingly, when an employee:A copy of such written request shall be served by the Chairman of the Board upon the United Association and the Employer or Employers involved and upon the Canadian Pipe Fabricators Association. Thereafter,
(a) If, within ten (10) working days after the date upon which the notice has been served, 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. 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 limits prescribed in clause 18.11period of Step 3. Notice of time and date of such hearing shall be 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 decision within thirty (30) working days after the close of the 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, gives notice or if the Board notifies the parties that he 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 she wishes Arbitration Commission, as the case may be, to take advantage submit a list of this clause three (3) 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 list of candidates from the Ministry of Labour or the Commission as the case may be, the parties shall meet for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between striking names off the employee and their supervisors, it is agreed that list. The party who shall go first shall be decided by winning the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation toss of a grievance 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 within endeavor to prepare a statement of the time limits prescribed under this Articleissues to be decided. If no agreement on such a statement is reached, gives notice each party may prepare its own submission to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative impartial arbitrator. The decision of the Employer or impartial arbitrator shall be final and binding on all parties. The expense of the Bargaining Agent Canadian Joint Conference Board and of the impartial arbitrator, if required, shall seek be borne equally by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains the parties to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the mattergrievance.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: 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. 18.01 The parties recognize All grievances arising between the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented Union and the Employer shall be settled in accordance with the following procedures and terms of this Article. AccordinglyExtensions of timelines can be granted by mutual agreement by both parties in writing. Both parties shall make a reasonable effort to settle the dispute before written submission of the grievance.
Step 1. Within fourteen (14) calendar days of the date of the event giving rise to the grievance, when an the employee:
, and the Union Representative shall submit the grievance letter to the Supervisor and Human Resources Director Manager. The written grievance shall set forth the specific acts that constitute the basis for the grievance. The Supervisor, Grievant and Union Representative shall meet within fourteen (a14) within calendar days of submission of the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause grievance for the purpose of informally resolving the grievance. Supervisor shall provide a problem without recourse written answer to a formal the grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
within fourteen (b14) calendar days following the presentation of a grievance and within meeting.
Step 2. In the time limits prescribed under this Article, gives notice to event the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismsis not resolved in Step 1, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent Union shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of submit a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this Step 2 grievance to the employee's immediate supervisor Department Director and Human Resources Director or local officer-in-charge who designee within fourteen (14) calendar days of receipt of the Step 1 grievance decision. The meeting shall forthwith:
be held within fourteen (a14) forward calendar days following receipt of the written grievance and shall be attended by the Union Representative, Grievant, and Human Resources Director. Management shall provide a written answer to the Union within fourteen (14) calendar days following the grievance to meeting.
Step 3. In the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which event the grievance was received by him or her.is not resolved in Step 2, the Union may within fourteen
Appears in 2 contracts
Samples: Tentative Agreement, Tentative Agreement
GRIEVANCE PROCEDURE. 18.01 14.01 Any dispute between the Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance.
14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be forfeited and waived by the aggrieved party.
14.03 The parties recognize the value procedure for adjustment of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeand disputes shall be as follows:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee and present or absent at their supervisors, it is agreed that the period between the initial discussion option) and the final response shall not count as elapsed time for immediate supervisor, or in the purpose absence of grievance time limits; or,the immediate supervisor, the General Manager.
(b) following the presentation Failing agreement of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismssubsection (a), the time limits stipulated grievance shall be submitted in this Article may be extended by mutual agreement between writing within fifteen (15) working days and shall clearly set forth the Employer issues and contentions of the aggrieved party, and the grievance shall be dealt with by the Shop Xxxxxxx and/or Union Representative and the General Manager or their duly appointed representative in the event of their absence. The General Manager or their duly appointed representative shall render a written decision on any grievance initiated by an employee andor the Union, where appropriatewithin fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the Co-operative, the Alliance representativewithin fifteen (15) working days.
(c) No representative Failing agreement of subsection (b), then upon request of either party, but not later than ten (10) calendar days thereafter, the Employer or the Bargaining Agent matter shall seek by intimidationbe referred to an Arbitrator, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismselected as per Article 15.
(d) When If the Union refers the matter to an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken Arbitrator as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officerper sub-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.article
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 11.1 All disputes concerning the value interpretation and/or application of informally resolving problems prior this Agreement which do not fall within the Article 5 No-Strike/No-Lockout procedure or Article 6 Jurisdictional Dispute procedure shall be governed by the following grievance and arbitration procedures.
11.2 All disputes involving the discipline and/or discharge of an employee working on the Covered Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Covered Project shall be disciplined or discharged without just cause.
11.3 A grievance shall be considered null and void if not brought to presenting the attention of the Contractor(s) within ten (10) working days after the grievance is alleged to have occurred or within ten (10) working days after the Union's first knowledge of the grievance. Similarly, a formal grievance shall be considered null and void if not brought to the attention of the Union(s) within ten (10) working days after the grievance is alleged to have occurred or using alternative dispute resolution mechanisms within ten (10) working days after the Contractors(s)' first knowledge of the grievance.
11.4 Grievances shall be settled according to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeethe following Steps:
(a) within the time limits prescribed in clause 18.11, gives notice that he Step 1: The xxxxxxx or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion business representative and the final response grievant shall not count as elapsed time for attempt to resolve the purpose grievance with the craft supervisor within five (5) working days after the grievance has been brought to the attention of grievance time limits; or,the Contractor.
(b) following Step 2: In the presentation of a event the matter remains unresolved in Step 1 above, within five (5) working days, the grievance shall be reduced to writing and within may then be referred by the time limits prescribed under this Article, gives notice Union to the delegated grievance step authority of his or her intention Contractor(s) for discussion and resolution. The Union will also notify its International Union representative, which shall advise the parties if it intends to take advantage of alternative dispute resolution mechanisms, the time limits stipulated participate in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeStep 2.
(c) No representative Step 3: In the event the matter remains unresolved in Step 2, either Party may request, within five (5) working days, that the dispute be submitted to arbitration. The time limits set out in this procedure may, upon mutual agreement, be extended. Any request for arbitration, request for extension of the Employer or the Bargaining Agent time limits, and agreement to extend such time limits shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate be in an alternate dispute resolution mechanismwriting.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above Step 4: The Parties agree that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, Arbitrator who will hear the grievance shall be deemed to have been presented on selected from among the day following: Xxxxxx Xxxxx, Xxxxx Xxxxxxxx, Xxxxxxx Xxxxx, Xxxxxx Xxxxxx and Xxxxx Xxxxxxxxx. If the parties cannot agree on which it is postmarked and it Arbitrator to hear the case, then the parties shall alternately strike names until one of the Arbitrators remains, who shall then hear the dispute. The party bringing the grievance shall strike the first name. The arbitration procedure contained herein, once invoked, shall be deemed mandatory. Should a Party to have the procedure fail or refuse to participate in the hearing, if the Arbitrator determines that proper notice of the hearing has been received given, said hearing shall proceed in to a default award. The Arbitrator's award shall be final and binding on all Parties to the arbitration. The costs of the arbitration, including the arbitrator's fee and expenses, shall be borne equally by the Employer on affected Union(s) and the day it is date stamped received affected Contractor(s). The Arbitrator's decision shall be confined to the question(s) posed by the appropriate office grievance and the Arbitrator shall not have authority to modify amend, alter, add to, or subtract from, any provisions of this Agreement.
11.5 Should any of the department arbitrators identified in Section 11.4 or agency concerned. SimilarlySection 5.8(a) no longer be available to conduct arbitrations, the Employer City and the Council shall mutually agree upon a replacement.
11.6 The Contractor(s), as well as the Union, may bring forth grievances under this Article.
11.7 Where an issue is addressed in this Agreement and the local Master Agreement, this Agreement shall prevail. Where an issue is addressed in the local Master Agreement and not in this Agreement, the local Master Agreement shall control.
11.8 Grievances between a Union and a Union-signatory contractor involving interpretation or application of the applicable local Master Agreement shall be deemed to have delivered a reply at any level on governed by the date on which the letter containing the reply is postmarked, but grievance procedures contained in such local Master Agreement.
11.9 At the time limit within which a grievance is submitted under this Agreement or any Master Agreement, the grievor Union(s) may present his or her grievance at request that the next higher level shall be calculated City withhold and retain an amount from the date on which the Employer's reply was delivered what is due and owing to the address shown on Contractor(s) against whom the grievance form.
18.05 A grievance shall not be deemed is filed, or its higher-tier Contractor, sufficient to be invalid by reason only of cover the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level damages alleged in the grievance procedure shall transmit this grievance grievance, should the Union(s) prevail. The City may, in its sole discretion, elect to the employee's immediate supervisor withhold and/or retain funds where not otherwise prohibited by law or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hercontract.
Appears in 2 contracts
Samples: Community Workforce Agreement, Community Workforce Agreement
GRIEVANCE PROCEDURE. 18.01 The It is the mutual desire of the parties recognize hereto, that complaints of employees shall be adjusted as quickly as possible. Grievance shall mean any difference of dispute concerning the value interpretation, application, administration or alleged violation of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Articlethe collective agreement. Accordingly, when an employee:
(a) within Any of the time limits prescribed contained herein are mandatory, however, they may be extended if mutually agreed to in clause 18.11, gives notice that he or she wishes to take advantage of this clause for writing. If no extension has been requested in writing by the purpose of informally resolving a problem without recourse to a formal grievance Union and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismsare exceeded, the time limits stipulated grievance will be considered as being resolved in this Article may be extended favour of the Employer. If no extension has been requested in writing by mutual agreement between the Employer and the employee and, where appropriatetime limits are exceeded, the Alliance representativegrievance will be considered as being resolved in favour of the Union.
Step 1: The xxxxxxx or supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing, it shall be termed a grievance and shall be advanced to Step 2.
Step 2: The written grievance shall be submitted to the Employer representative within ten (c10) No working days from the incident giving rise to the complaint.
Step 3: The Employer representative shall hear the grievance within fifteen (15) working days from the incident giving rise to the complaint. The grievance shall be presented by the Business Manager or his representative and the shop xxxxxxx. The written decision of the Employer or representative shall be submitted to the Bargaining Agent shall seek by intimidation, threat or any other means Business Manager and the shop xxxxxxx within eighteen (18) working days from the incident giving rise to compel an employee to either participate or not participate in an alternate dispute resolution mechanismthe complaint.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to Step 4: If the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action Employer's answer in Step 3 is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailunacceptable, the grievance shall then be deemed discussed within twenty-eight (28) working days from the incident giving rise to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office complaint at a meeting of the department Plant Manager or agency concernedhis designated representative and the International Vice-President or his designated representative. SimilarlyIf the matter is not resolved in Step 4, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit Union may advise in writing within which the grievor may present his or her grievance at the next higher level shall be calculated thirty-three (33) working days from the date on which the Employer's reply was delivered incident giving rise to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact complaint that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in submit the grievance procedure shall transmit this grievance matter to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herarbitration.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior A. An employee shall choose at Step 1 and Step 2 whether to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance LCTA or to represent him/herself. The LCTA shall not be required to process grievances for employees who are not members of the Association.
1. The LCTA shall not be bound by a grievance decision in a grievance in which the grievant chose not to be represented by the LCTA.
2. The resolution of any grievance as defined herein shall not be inconsistent with the provisions of this Contract, and the LCTA shall be provided an opportunity to be present at any meeting or mediation session held called to deal with the matterdiscuss such a resolution.
18.02 In determining B. When a grievant participates during working hours in a grievance meeting between the time within which any action is to be taken as prescribed grievant and the site administrator or District representative, or in this Articlean arbitration proceeding, Saturdays, Sundays and designated paid holidays the grievant shall be excludedprovided temporary duty for such meeting/proceeding after providing the site administrator with a written request for temporary duty at least two (2) days prior to such meeting or proceeding. The request shall be approved unless the grievant’s absence on the requested date would impede the operations of the grievant’s work unit, in which case an extension shall be granted, if necessary, to accommodate the grievance timelines.
18.03 The time limits stipulated in this Article may be extended C. When a grievant is represented by mutual agreement between the Employer and the employee and, where appropriateLCTA, the Alliance LCTA grievance representative shall be provided temporary duty to represent the grievant at any grievance meeting held during regular work hours, including the right to speak and present evidence and arguments on behalf of the grievant or the LCTA. The LCTA grievance representative shall provide the site administrator with a written request for temporary duty at least two (2) days prior to such meeting. The request shall be approved unless the representative’s absence on the requested date would impede the operations of the LCTA representative’s work unit, in which case an extension shall be granted, if necessary, to accommodate the grievance timelines.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with D. Time spent by xxxxxxxxx and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked LCTA representatives investigating and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance processing grievances outside regular working hours shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hercounted as time worked.
Appears in 2 contracts
Samples: Collective Bargaining Contract, Collective Bargaining Contract
GRIEVANCE PROCEDURE. 18.01 14.01 Any dispute between the Co-operative, the Union or the employees covered by this Agreement which concerns the interpretation, application or alleged violation of this Agreement may be presented as a grievance.
14.02 Any employee, the Union, or the Co-operative may present a grievance. Any grievance which is not presented within fifteen (15) working days following the event giving rise to such grievance, or within fifteen (15) working days of the last day worked when relating to a discharge grievance, shall be forfeited and waived by the aggrieved party.
14.03 The parties recognize the value procedure for adjustment of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeand disputes shall be as follows:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions A discussion between the Shop Xxxxxxx and/or Union Representative (with the aggrieved employee and present or absent at their supervisors, it is agreed that the period between the initial discussion option) and the final response shall not count as elapsed time for immediate supervisor, or in the purpose absence of grievance time limits; or,the immediate supervisor, the Human Resource Manager or their designate.
(b) following the presentation Failing agreement of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismssub-article (a), the time limits stipulated grievance shall be submitted in this Article may be extended by mutual agreement between writing within fifteen (15) working days and shall clearly set forth the Employer issues and contentions of the aggrieved party, and the grievance shall be dealt with by the Shop Xxxxxxx and/or Union Representative and the Human Resource Manager or their designate in the event of their absence. The Human Resource Manager or their designate shall render a written decision on any grievance initiated by an employee andor the Union, where appropriatewithin fifteen (15) working days. A full-time Union Representative shall render a written decision on any grievance initiated by the Co-operative, the Alliance representativewithin fifteen (15) working days.
(c) No representative Failing agreement of subsection (b), then upon request of either party, but not later than ten (10) calendar days thereafter, the Employer or the Bargaining Agent matter shall seek by intimidationbe referred to an Arbitrator, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismselected as per Article 15.
(d) When If the Union refers the matter to an employee wishes to take advantage Arbitrator as per Article 14.03 (c) above, a copy of a process outlined under 18.01 (a) or 18.01 (b) above that pertains the letter shall also be sent to the application of FCL Home Office Labour Relations Department in Saskatoon.
14.04 The Co-operative and the Union agree that at any time prior to the hearing date for an arbitration they may voluntarily agree to use a provision mutually acceptable mediator in their attempts to resolve the grievance. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the collective agreement, Collective Agreement to impose or require the employee may, at his or her request, parties to accept their suggested settlement to the matter in dispute. All expenses and fees that may be represented incurred by such mediator shall be borne equally by the Alliance at any meeting or mediation session held Co-operative and the Union. Unless otherwise mutually agreed to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer Co-operative and the employee andUnion, this procedure may only be used in situations where appropriate, the Alliance representativegrievance mediation services are not available through provincial legislation.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 32.01 Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this Collective Agreement, as to the interpretation, application or alleged violation of the terms of this Collective Agreement shall constitute a grievance. Any employee, the Union or the Employer may present a grievance.
32.02 The parties recognize the value procedure for adjustment of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeand disputes shall be as follows:
Step 1: The grievor will first submit the grievance to their Shop Xxxxxxx or Union Representative within ten (a10) within calendar days of the time limits prescribed in clause 18.11, gives notice that he or she wishes event giving rise to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between a discussion of the employee and their supervisors, it is agreed that matter shall take place with the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeAdministrator.
Step 2: If the matter is not resolved within five (c5) No representative calendar days of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means being referred to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailStep 1, the grievance shall be deemed submitted in writing to have been presented on the day on which it is postmarked and it shall be deemed Administrator. If the matter remains unresolved after ten (10) calendar days from submission to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. SimilarlyAdministrator, the Employer shall grievance may be deemed referred to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formarbitration.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at 32.03 At any prescribed level stage in the grievance procedure shall transmit procedure, an aggrieved employee may elect to be accompanied by a Union Representative or Shop Xxxxxxx.
32.04 The time limits as indicated above can be extended by agreement of both parties to this grievance to Collective Agreement.
32.05 When the employee's immediate supervisor Union or local officer-in-charge who shall forthwith:
(a) forward the Employer presents a grievance, the grievance to may be submitted by the representative Union or the Employer at Step 2 of the Employer authorized to deal with grievances at grievance procedure.
32.06 Within fourteen (14) days of the appropriate level, and
(b) provide the employee with a receipt stating the date on which Employer’s written decision following Step 2 of the grievance was received by him procedure, the Union shall notify the Employer, in writing, as to their decision as to whether the grievance will be referred to Arbitration or hernot.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 15.01 The parties recognize Employer and the value Union both agree that the settlement of informally resolving problems prior to presenting a formal any complaint or grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within arising out of the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage terms of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions agreement should, so far as possible, be arranged between the employee and their supervisors, it is agreed that the period between the initial discussion Team Member and the final response shall not count as elapsed time for the purpose of grievance time limits; or,Immediate Supervisor.
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement 15.02 A difference between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains Union as to the meaning and application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot this Agreement shall be complied with considered a policy grievance. Any policy grievance will be processed by the Executive of the Union and it is necessary shall be submitted to present the Employer under Step 2 of the Grievance Procedure.
15.03 Unless a grievance by mailof a Team Member or a policy grievance is presented to the Employer within ten (10) working days of the griever, from the date when the grievance first arose, or in the case of dismissal within ten (10) working days of the griever’s notification to the Union, the grievance is waived and the Team Member or the Union shall not be permitted to present the same to the Employer thereafter.
15.04 Any complaint, disagreement or difference of opinion between the parties hereto concerning interpretation, application, operation, or any alleged violation of the terms of this Agreement shall be deemed to have been presented on considered a grievance and the day on which it procedure of settlement shall be as follows:
Step 1 If the complaint or grievance is postmarked not satisfactorily resolved in discussion between the Team Member and the immediate Supervisor, it shall be deemed to have been received by set out in writing citing the Employer on the day it is date stamped received by the appropriate office alleged violation of the department or agency concernedCollective Agreement including the Article(s) affected. Similarly, the Employer It shall be deemed submitted in this form to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but Immediate Supervisor within the time limit within which the grievor may present his or her grievance at the next higher level shall limits specified in Article 15.03. A decision will be calculated from the date on which the Employer's reply was delivered forwarded to the address shown on Union within ten (10) working days of receiving the grievance.
Step 2 If the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not resolved in accordance with Step 1, within ten (10) days the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure Union shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward submit the grievance to the representative Area Manager or Zone Manager in writing clearly stating the alleged violation of the Employer authorized Collective Agreement including the Article(s) which were allegedly violated. This submission must be made within ten (10) working days of receiving the Step 1 response. The Area Manager or Zone Manager, responsible for the division will make the decision known to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which Union and Shop Xxxxxxx who filed the grievance was received by him within ten (10) working days of receiving the grievance.
Step 3 If the grievance is not satisfactorily resolved in Step 2, within ten (10) days the Union shall submit to the General Manager or her.Senior Zone Manager, a request to hold a meeting between the Union Business Representative, the Shop Xxxxxxx, the griever and the General Manager or Senior Zone Manager, responsible for the division to hear the grievance. A full hearing of the grievance will be held within ten
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize following procedures shall apply to the value administration of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve all 42 grievances that are presented in accordance with filed under this ArticleGrievance Procedure. Accordingly, when an employee:43
(44 a) Except at Step 1, all grievances shall include the name and position of the 45 aggrieved party; the identity of the provisions of this Agreement involved in the 1 grievance; the time and place where the alleged events or conditions constituting 2 the grievance took place; the identity of the party responsible for causing the 3 grievance, if known to the aggrieved party; and a general statement of the nature 4 of the grievance and the redress sought by the aggrieved party. 5
6 b) Except at Step 1, all decisions shall be rendered in writing at each step of the 7 Grievance Procedure. Each decision shall be transmitted to the aggrieved party 8 and his representative, if any. 9
10 c) If a grievance affects a group of employees working in different work locations, 11 with different principals, or associated with an employer-wide controversy, it may 12 be submitted at Step 3. 13
14 d) The preparation and processing of grievances may be conducted during working 15 hours with the advance approval of the OIC, whose approval shall not be 16 unreasonably withheld. 17
18 e) Nothing contained herein shall be construed as limiting the right of any employee 19 having a grievance to discuss the matter informally with any appropriate member 20 of the administration and having said matter informally adjusted without the 21 intervention of the Union, provided that the adjustment is not inconsistent with 22 the terms of this Agreement. In the event that any grievance is adjusted without 23 formal determination, pursuant to this procedure, while such adjustment shall be 24 binding upon the aggrieved party and shall, in all respects, be final, said 25 adjustment shall not create a precedent or ruling upon the Employer in future 26 proceedings.
28 f) The aggrieved party may have a Union representative represent him at any step of 29 the Grievance Procedure. 30
31 g) The existence of this Grievance Procedure, hereby established, shall be the sole 32 and exclusive method for resolving disputes and disagreements that may arise 33 pursuant to the terms of this Agreement. 34
35 h) The time limits provided herein will be strictly adhered to and any grievance not 36 filed initially or appealed within the specified time limits prescribed in clause 18.11shall be deemed waived 37 and void. If the Employer fails to reply within the specified time limit, gives notice that he or she wishes the 38 grievance shall automatically move to take advantage of this clause the next step by default. The time limits 39 specified for either party may be extended only by written mutual agreement. 40
41 i) This procedure shall not be used for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisorsadding to, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose subtracting from, or 42 altering in any way, any of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concernedthis Agreement. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.43
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 1. If an employee has complied with the provisions of the complaint procedure and is dissatisfied with the reply of the Supervisor, the complaint shall be written out on a form supplied by the Company and shall be deemed to be a grievance. The parties recognize written grievance shall state the value nature of informally resolving problems prior to presenting a formal grievance the grievance, the act or using alternative dispute resolution mechanisms to resolve grievances acts complained of and when they occurred, the specific section or sections of this agreement that are presented in accordance with this Article. Accordingly, when an employee:the employee claims the Company has violated and the remedy that he seeks.
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal The written grievance and facilitating discussions between signed by the employee and their supervisorsshall be presented to the employee’s Foreperson within three (3) working days of the Supervisor’s verbal reply to the complaint. After such discussions as is necessary, it is agreed that a written answer shall be given three (3) days following receipt of such grievance. At this meeting the period between the initial discussion and the final response employee shall not count as elapsed time for the purpose of grievance time limits; or,be accompanied by his Plant Committee person.
(b) If the grievance is not settled to the satisfaction of the employee, then the grievance shall be presented to Human Resources within three (3) working days of the Forepersons written reply. After such discussion as is necessary, Human Resources shall give his answer in writing within three (3) working days following receipt of such grievance. At this meeting the presentation employee shall be accompanied by the Chairperson of a the Plant committee and the employee Plant committee person, if other than the Chairperson of the Plant Committee, and the National Representative of the Union may be present. Human Resources may be accompanied by such advisers as he determines. The Union will determine if the griever attends the grievance meeting.
(c) Grievance filings and within responses not adhering to the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated set out in this Article will be considered null and void. However, any time limits referred to may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means parties provided such extension is agreed to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains prior to the application of a provision expiration of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matterspecified time limit.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 10.1 It is the value mutual desire of informally resolving problems prior the Parties hereto that complaints of permanent employees shall be adjusted as quickly as possible. Such complaints shall be acted upon in the following manner and sequence. In this Article a grievance shall consist of a dispute concerning interpretation and application of the terms of this Agreement. If any question arises as to presenting whether a formal particular dispute is or is not a grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the meaning of this Agreement the question may be taken up through the following steps of the Grievance Procedure and determined if necessary by Arbitration. In all of the steps where time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisorsare named as days only, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays Specified Holidays except Floater Holidays are excluded. It is understood that a permanent employee has no grievance until they have first given their Supervisor or Designate, as the case may be, an opportunity of adjusting their complaint. In discussing such complaint, the permanent employee or the Corporation may request the presence of a Union representative. Such complaint shall be excluded.
18.03 The time limits stipulated in this Article discussed with the Supervisor or Designate, within seven (7) days after the circumstances giving rise to the complaint having occurred, and failing settlement, it may then be taken up as a grievance within five (5) days following communication of the decision to the employee (and union representative as may be extended applicable) of the Supervisor or Designate. The aggrieved permanent employee shall submit their grievance in writing to the Local Chairperson. If the Grievance Committee of the Union considers the grievance to be justified, the permanent employee(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Director of Fleet or Designate. The written grievance signed by mutual agreement between the Employer aggrieved permanent employee(s) must contain the nature of the grievance, the remedy sought and the employee and, where appropriate, section or sections of the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed Agreement which are alleged to have been presented on violated. The Director of Fleet or Designate will deliver their decision in writing within five (5) days following the day on which it the grievance is postmarked and it shall be deemed presented to have been received by the Employer on the day it is date stamped received by the appropriate office them. The Director of Fleet or Designate will also distribute copies of the department or agency original grievance and their answer to the Supervisor concerned and the General Manager concerned. Similarly, the Employer shall Failing settlement - then Step 3 may be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance forminvoked.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 7.01 A grievance shall be defined as a disagreement or difference of opinion between the value Company, the Union, or an employee covered by this Agreement, concerning the interpretation, application, operation or alleged violation of informally resolving problems prior to presenting a formal provision of this Agreement.
7.02 No grievance shall be filed by or using alternative dispute resolution mechanisms on behalf of an employee, and no grievance shall be processed by the Company, unless the employee or a Union Representative, on behalf of the employee, has first given the employee’s immediate supervisor the opportunity to resolve the subject matter of the grievance.
7.03 The procedure for adjustment of grievances that are presented in accordance with this Article. Accordingly, when an employeeshall be as follows:
(a) Step One If an employee or a Union Representative on behalf an employee has complied with Article 7.02, and the employee believes he/she has a grievance as defined in this Article, the employee or a Union Representative on behalf of the employee must file the grievance in writing with his/her Co-ordinating Group Manager within five (5) working days from the time the employee became aware of the event giving rise to the grievance. The grievance shall be on the forms supplied and shall set forth the grievor’s name, state the facts giving rise to the grievance, identify the provisions of this Agreement alleged to have been violated, and state the relief requested. The Co-ordinating Group Manager shall respond to the grievance in writing within two (2) working days from the date that the grievance was presented to him/her.
(b) Step Two If the decision of the Co-ordinating Group Manager is not satisfactory to the grievor, or if the Co-ordinating Group Manager does not provide a written response within the time frame set forth in the Step One, then the written grievance requesting further consideration of the matter must be presented to the General Manager within three (3) working days of receipt of the decision of Step One or within three (3) working days of the expiry of the time limit set forth for response in Step One. A meeting shall be held within five (5) working days. The grievor may decide to be present at this meeting along with the Plant Chairperson, one Union Representative and the President of the local Union (or a designate), the General Manager and such other persons as are chosen by the General Manager to attend such meeting. The Company’s decision relating to the grievance shall be rendered in writing to the Plant Chairperson within three (3) working days after conclusion of the meeting.
7.04 Either party may, within ten (10) working days after the decision of Step Two or the expiry of the time limit set forth for response in Step Two, whichever is earlier, refer the matter to arbitration by giving written notice of its intention to refer the grievance to arbitration. If written notice is not so given within such ten (10) working day period, the decision in Step Two shall be final and binding upon both parties to the Agreement and all affected employees. After notice of intention to refer the grievance to arbitration has been completed, the referring party shall advise the arbitrator referred to in Article 7.06 within ten (10) days.
7.05 The term “working days” as used in this Article is defined as calendar days other than Saturdays, Sundays, and General Holidays as set forth in this Agreement. Where the circumstances giving rise to the grievance occurred during an employee’s vacation, the time for filing such grievance shall not begin until the conclusion of the employee’s scheduled vacation.
7.06 Where a grievance is properly referred to arbitration in accordance with the terms of this Article, it shall be referred to an Arbitrator chosen in rotation from the following panel: Xxxxx Xxxxx Xxxx Xxxxx Xxxxxxx Xxxxxx
7.07 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute The Arbitrator shall not be vested with the power to change, modify or alter any of the Terms of this Agreement. In addition to any remedial authority provided for in The Labour Relations Act, in disciplinary matters the arbitrator shall have the right to sustain the Company’s disciplinary action or to substitute such other discipline as it deems just and equitable unless a specific penalty for the misconduct has been established in this Agreement. A copy of the decision on computerized disk format shall be provided to both parties.
7.08 The expenses of the Arbitrator shall be borne equally by the parties to the arbitration proceedings.
7.09 In the case of a grievance alleging improper discharge or suspension of an employee, the grievance shall be lodged in accordance with Step Two of the grievance procedure above.
7.10 The Union or the Company may file a policy grievance concerning the interpretation, application, operation or alleged violation of a provision of this Agreement. Such grievance must directly affect the Union or the Company. Such grievances shall not be filed by the Union in cases where the grievance is a matter that was capable of being processed as an employee grievance pursuant to the provisions of Article 7.03. A policy grievance shall take the form of a Step Two grievance. If the grievance is not resolved at Step Two, then it may be referred to arbitration, provided that the same is done within the time limits prescribed previously set forth in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance Article.
7.11 Grievance procedure meetings and facilitating discussions collective bargaining meetings between the employee and their supervisors, it is agreed that the period between the initial discussion Company and the final response Union shall not count as elapsed time for be scheduled during the purpose regular day shift hours. The meetings may extend beyond the regular day shift hours or be scheduled outside of grievance time limits; or,the regular day shift hours by mutual consent of the parties.
(b) following the presentation of a grievance and within the 7.12 The time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated and procedural requirements outlined in this Article 7 may only be extended amended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeparties in writing.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 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 value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:Grievance Procedure.
(a) within A grievance shall define the time limits prescribed in clause 18.11related article(s) of the Collective Agreement, gives notice past practice, legislation, policies and procedures of the Employer, which have been violated. It is also understood that he all applicable articles, violations and details of the grievance are included.
b) The Corporation acknowledges the right of the Union President (or she wishes designate) to take advantage of this clause for appoint or otherwise select the purpose of informally resolving a problem without recourse Union grievance representatives, up to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion maximum of three (3) representatives.
c) Grievance representatives (to a maximum of three) and the final response grievor (unless terminated) shall not count as elapsed time for be paid while presenting the purpose of grievance time limits; or,to Management.
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement 7.02 Should any differences arise between the Employer and any of the employees from the interpretation, application, administration, or alleged violation of the provisions of this Agreement, xxxxxxx effort shall be made to settle such differences without undue delay in the following manner:
a) It is understood that an employee and, where appropriate, the Alliance representative.
(c) No and/or representative of the Employer Union shall not grieve until they have made the Supervisor on duty aware of the complaint in writing, and given them an opportunity to implement a course of action to rectify the 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 Transit Management, for the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanisminvolved.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains The complaint, if not rectified to the application of a provision satisfaction of the collective agreementemployee, 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 may, involved. Grievances shall be in writing at his or her request, all stages. Harassment issues shall be represented by the Alliance at any meeting or mediation session held to deal dealt with the matterunder 6.01.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, c) All scheduling requirements for the grievance shall be deemed to have been presented on the day on which it is postmarked responsibility of Transit Management, Human Resources and it Transit Union Executive. The Union representative shall receive a minimum of twenty-four (24) hours notification of the grievance meeting.
d) The parties, by mutual agreement, and confirmed by email, may extend the time periods at each step in the Grievance Procedure. Such extension shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office a reasonable request.
e) Any alleged violation of the department or agency concernedCollective Agreement as it relates to discipline, discharge, policy and group grievances will be submitted in writing, clearly defining what article in the Collective Agreement has been allegedly violated and what occurred. Similarly, the Employer The grievance process shall commence at Step 2 as per Article 7.02.
STEP 1 The grievance shall be deemed presented to have delivered a reply at any level the Supervisor on duty of the date designated area of responsibility or their designate. The Supervisor on which the letter containing the reply is postmarked, but the time limit within which duty or their designate shall meet with the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on and one (1) Union Representative within five (5) working days of receiving the grievance form.
18.05 A grievance and shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.respond within five
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize A. A grievance shall mean a complaint by an employee or group of members arising out of an interpretation of the value provisions of informally resolving problems prior this Agreement or conditions of employment implied but not necessarily stated in this agreement. A grievance to presenting be considered under this procedure must be initiated by the member within seven (7) working days of its occurrence.
B. Failure at any step of this procedure to communicate the decision on a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the specified time limits prescribed in clause 18.11, gives notice that he or she wishes shall permit the aggrieved member to take advantage of this clause for proceed to the purpose of informally resolving next step. (This is specifically meant to apply to situations where a problem without recourse department head might try to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of sit on a grievance and not respond to it.)
C. Any member who has a grievance shall put it in writing with his/her Department Head, in an attempt to resolve the matter at that level.
D. If, as a result of the submission of the grievance, the matter is not resolved to the satisfaction of the member within seven (7) working days, he/she shall set forth the time limits prescribed grievance in writing to the City Manager or the Commission, as appropriate, specifying:
1. The nature of the grievance and date occurred;
2. The nature and extent of the loss or inconvenience:
3. His/her dissatisfaction with decisions previously rendered.
4. The results of previous discussion. The City Manager shall communicate, their decision to the grievant in writing within seven (7) working days of receipt of the written grievance.
E. If a grievance is not resolved to the Union's satisfaction, the Union will notify the City Manager within 15 working days after receipt of the decision of its intention to arbitrate or the decision rendered will be binding on both parties. Arbitrators shall be selected according to the procedures established by PELRB. The parties will share the cost of the arbitrator's fees on a 50/50 basis.
F. It is further agreed that any arbitration rendered under this Article, gives notice contract shall be subject to the delegated review provisions of RSA-542.
G. An arbitrator deciding a grievance step under this contract shall have no authority of his to alter, amend, change, add to or her intention to take advantage of alternative dispute resolution mechanismsdelete, the time limits stipulated in this Article may be extended by mutual agreement between terms of the Employer and contract of the employee and, where appropriate, the Alliance representativeparties.
(c) No representative H. For the proposes of the Employer or the Bargaining Agent this section working days shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Monday through Friday excluding Saturdays, Sundays Sunday and designated paid holidays shall be excludedholidays.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Working Agreement, Working Agreement
GRIEVANCE PROCEDURE. 18.01 10.1 The parties recognize recognise that from time to time employees may have grievances in relation to matters arising from this Agreement which need to be resolved.
10.2 The objective of this procedure is to ensure that such grievances are resolved without unnecessary delay and that the value principles of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that procedural fairness are presented in accordance with this Article. Accordingly, when an employeefollowed.
10.3 The following procedure shall apply:
(a) within The employee shall attempt in the time limits prescribed in clause 18.11, gives notice that he or she wishes first instance to take advantage of this clause for resolve the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and matter directly with their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,immediate supervisor.
(b) following If the presentation of a grievance and within employee still feels aggrieved then the time limits prescribed under this Article, gives notice matter shall be referred to the delegated grievance step authority nominated representative of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeemployer.
(c) No representative If the grievance is still unresolved a meeting of the Employer or parties shall be arranged at the Bargaining Agent shall seek by intimidation, threat or request of any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismparty.
(d) When an employee wishes to take advantage It is agreed that the requirements of a process outlined under 18.01 this clause shall, as far as is reasonably practicable:
(ai) or 18.01 (b) above be fulfilled within seven business days from the date that pertains the full and complete details of the grievance were notified to the application of a provision employer.
(ii) where resolution of the collective agreementgrievance is not achieved within seven business days, then the period may be extended to a maximum of fourteen business days or such longer period as agreed between the parties with such agreement not to be withheld unreasonably
(e) Until the grievance is resolved, the employee may, at his shall continue normal work unless he or her request, be represented she has a reasonable concern about an imminent risk to their health or safety and must comply with a direction given by the Alliance employer to perform other available work at any meeting the same workplace or mediation session held another workplace unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the work to deal be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the matterdirection.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays (f) No party shall be excludedprejudiced as to the final resolution by the continuance of work.
18.03 The (g) A nominated representative of the employee or employer shall be entitled to participate in any discussion(s) conducted under these provisions subject to the giving of three business days’ prior notice by either party or at an earlier time limits stipulated in this Article by mutual agreement.
(h) If the grievance is not settled the matter may be extended referred by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered either party to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not Commission for resolution in accordance with clause 13 – Dispute Resolution.
(i) At any time during the form supplied grievance process, the parties may agree to attempt to resolve the matter through a process of mediation. The mediation process and cost associated with this process will be agreed to by the Employerparties. Individual Grievances
18.06 An employee who wishes to present The procedures under this clause will be suspended while a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hermediation process is being followed.
Appears in 2 contracts
Samples: Victorian Early Education Agreement 2021, Victorian Early Childhood Teachers and Educators Agreement 2020
GRIEVANCE PROCEDURE. 18.01 16.01 The parties recognize purpose of this Article is to establish a procedure for the value settlement of informally resolving problems prior grievances. The Board acknowledges the right of the Association to presenting appoint or otherwise select an Association Grievance Committee consisting of two (2) Employee members. The President/designate of the Association shall inform the Board of the names of the individuals on this Committee. The Board shall supply the necessary facilities for grievance meetings.
16.02 The time limits in this Article are mandatory and not simply directory, except as set out in Article 16.
16.03 A working day shall be defined as a formal day other than Saturday, Sunday, a paid holiday or a day falling during school breaks.
16.04 Within the terms of this Agreement, a grievance shall be defined as a difference as to the interpretation, application, administration or using alternative dispute resolution mechanisms alleged violation of this Agreement.
16.05 A grievance to resolve be acceptable under this Agreement, must be in writing, must specify the Article or Articles allegedly violated, must indicate the relief sought and must be signed by the grievor in the case of an individual grievance and the Chair of the Grievance Committee in the case of an Association grievance.
16.06 Complaints and grievances that are presented shall be settled in accordance with this Article. Accordingly, when an employeethe following manner and sequences:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage The Employee having a complaint arising out of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response Agreement shall not count as elapsed time for the purpose of grievance time limits; or,first approach his/her Principal/Superintendent.
(b) following The complaint must be received within fifteen (15) working days after the presentation Employee becomes aware or would reasonably be expected to become aware of the circumstances giving rise to the complaint.
c) The Principal/Superintendent shall meet with the Employee within fifteen (15) working days to discuss the grievance. The Employee is entitled to be accompanied by a representative of the Association Grievance committee. A representative from the Employee Relations Department may also attend the meeting.
d) The Supervisor shall reply, verbally, within five (5) working days after receipt of the complaint. Failing satisfaction with the verbal reply of the Supervisor, the complaint may then become a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeprocessed to Step Two.
a) Failing satisfaction with the reply in Step One, then within ten (c10) No representative working days of receipt of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailreply, the grievance may be submitted in writing, by the Association Grievance Committee to the Superintendent of Employee Relations.
b) The Superintendent of Employee Relations or designate shall be deemed meet with the Association Grievance Committee within fifteen (15) working days to discuss the grievance. The Association is entitled to have been presented on the day on which it is postmarked and it their outside consultant in attendance at this meeting.
c) The Superintendent of Employee Relations or designate shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office reply in writing within five (5) working days of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formmeeting.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 6.1 The parties recognize Union acknowledges the value principle of informally resolving problems prior to presenting “work now and grieve later” and as such the existence of a formal grievance or using alternative dispute resolution mechanisms to resolve grievances will not disrupt production.
6.2 In the event that are presented any grievance or dispute should arise between the CFTPA and the Union, or between the Producer and the Union or between the Producer and any Technician under this Agreement, concerning the interpretation or violation of this Agreement, it shall be considered a grievance and shall be settled in accordance with this Articlethe following procedures. AccordinglyThe grieving party shall have thirty (30) days from the date on which the party becomes aware, when an employee:
(a) or ought to have become aware, of the act or omission giving rise to the dispute to initiate a grievance. In order to be deemed a grievance, the dispute must be submitted in writing to the other parties within the allotted thirty (30) day time period.
6.3 The grievance shall be discussed by the Producer, or the Producer’s duly authorized representative, the CFTPA and a representative of the Union within five (5) working days after the grievance has been brought to the attention of the Producer. When any Technician is called upon to attend a meeting endeavoring to settle such dispute or disagreement, it is understood that during this period he/she will not suffer the loss of his/her normal wage.
6.4 In the event that the representative of the Producer or the CFTPA and the Union cannot reach an agreement, the dispute may, by written notice of any party to the other party, be submitted to final and binding arbitration. Such notice must be made within ten (10) days (or in the case of payroll disputes within ninety (90) days of the facts giving rise to the dispute coming to the attention of the aggrieved party, or the matter shall be considered resolved. The parties, who shall include the CFTPA, the Producer and the Union, shall within ten (10) days of the sending of the notice requesting arbitration select a mutually acceptable arbitrator. If the parties are unable to agree on the selection of an arbitrator within these ten (10) days, the Provincial Minister of Labour shall be requested to appoint the arbitrator. The cost and / or expenses of such arbitration shall be borne equally by the Producer or CFTPA and the Union, except that no party shall be obligated to pay the cost of a stenographic transcript without express consent of the other party. The final written decision or award of the arbitrator shall be made as soon as practicable after submission of the grievance or dispute to him/her. The parties agree that such final decision or award shall be binding on each of the parties to this Agreement, and they will comply within five (5) days of the arbitration award subject to such decisions, rules or regulations as any Provincial agency having jurisdiction may impose. Each party hereto will bear its own expense in carrying out the provisions of this Article and the aggrieved parties will share equally in the expenses of the third party arbitrator. In no event shall the arbitrator modify or amend any provision of this Agreement. In determining any grievance arising out of discharge or other discipline, the arbitrator may dispose of the claim by affirming the Producer’s actions and dismissing the grievance or by setting aside the disciplinary action involved with or without compensation and such other manner as may in the opinion of the arbitrator be justified.
6.5 If either the Union or CFTPA considers that this Agreement is being misunderstood, misinterpreted or violated in any respect by the other party, the matter will be put in the form of a policy grievance and discussed between representatives of the CFTPA and the Union. If not satisfactorily settled within thirty (30) days of the matter first coming to the attention of the aggrieved party, either party may refer the matter to arbitration as a policy grievance in accordance with Article 6.4. A matter not referred to arbitration in this time shall be considered resolved.
6.6 Any time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains parties to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the mattergrievance.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The A. Any grievance or dispute which may arise between the parties recognize involving the value application, meaning or interpretation of informally resolving problems prior to this Agreement shall be settled in the following manner:
B. In presenting a formal grievance, the following successive steps must be followed until the grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeis settled:
(a) within Step 1. Any Employee having a grievance, or one designated member of a group having a grievance after first having notified the time limits prescribed in clause 18.11Xxxxxxx/Supervisor of his/her grievance, gives notice may at his/her option discuss the matter directly with his/her Xxxxxxx/Supervisor or request that he or she wishes to take advantage of this clause his/her Xxxxxxx be called for the purpose of informally resolving a problem without recourse attempting to a formal adjust the grievance.
Step 2. In the event the grievance and facilitating discussions between is not settled orally by the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismsXxxxxxx/Supervisor, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays Xxxxxxx shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer notified without undue delay and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented put in writing on the day on which it is postmarked and it shall be deemed to have been received forms supplied by the Employer on and submitted to the day it is date stamped received Director of the Unit involved or his/her designated representative. The grievance shall be signed by the appropriate office aggrieved Employee or, in the case of a group grievance, by the Xxxxxxx and by the aggrieved Employee representing the group, and shall set forth the date(s) of the department or agency concerned. Similarlyalleged infraction, the Employer nature of the grievance, adjustment sought and facts necessary to support the grievance. A group grievance shall state the specific group which is aggrieved. Each party’s representative shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarkedresponsible for making certain that all relevant facts and contentions, but the time limit within which the grievor may present his or her grievance that are available at the next higher level time, have been developed and considered by Step 2. The Director or his/her designated representative shall be calculated from the date give his/her written disposition on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative Xxxxxxx within five (5) working days.
Step 3. If the grievance is not resolved at Step 2, it shall be presented by the Union to Department of Labor Relations or its designee within five (5) working days of the Employer authorized receipt of the appeal. Representative of the University not to deal exceed three (3) in number, shall meet with grievances at the appropriate levelUnion's representatives, andnot to exceed three (3) in number. A written disposition of the hearing shall be submitted to the Union within five (5) working days following the meeting. Additional persons may be present by mutual agreement.
(b) provide the employee with a receipt stating the date on which Step 4. If the grievance was received has not been resolved in the foregoing steps and the Union desires to carry it further, the matter may thereupon be referred to a Pre-arbitration Hearing by him appealing the grievance within five (5) working days of the answer given at Step 3. The Pre- arbitration Hearing shall be held within ten (10) working days after the appeal or heras mutually agreed. The Pre-arbitration Committee shall consist of two (2) representatives selected by the Employer and two (2) representatives selected by the Union. The grievant or one designated member of a group may also be present. In the event the Pre-arbitration Committee is unable to arrive at a mutually acceptable solution and the grievance is not resolved, the grievance may be submitted to arbitration under the Voluntary Labor Arbitration Rules, then obtaining, of the American Arbitration Association pursuant to Section C. below. A written disposition will be given to the Union within five (5) working days following the Pre-arbitration Hearing.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 15.01 The Employer and the Union both agree that the settlement of any complaint or grievance arising out of the terms of this agreement should, so far as possible, be arranged between the Team Member and the Immediate Supervisor.
15.02 A difference between the Employer and the Union as to the meaning and application of the provisions of this Agreement shall be considered a policy grievance. Any policy grievance will be processed by the Executive of the Union and shall be submitted to the Employer under Step 2 of the Grievance Procedure.
15.03 Unless a grievance of a Team Member or a policy grievance is presented to the Employer within ten (10) working days of the griever, from the date when the grievance first arose, or in the case of dismissal within ten (10) working days of the griever’s notification to the Union, the grievance is waived and the Team Member or the Union shall not be permitted to present the same to the Employer thereafter.
15.04 Any complaint, disagreement or difference of opinion between the parties recognize hereto concerning interpretation, application, operation, or any alleged violation of the value terms of informally resolving problems prior to presenting this Agreement shall be considered a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeand the procedure of settlement shall be as follows:
(aStep 1 If the complaint or grievance is not satisfactorily resolved in discussion between the Team Member and the immediate Supervisor, it shall be set out in writing citing the alleged violation of the Collective Agreement including the Article(s) affected. It shall be submitted in this form to the Immediate Supervisor within the time limits prescribed specified in clause 18.11Article 15.03. A decision will be forwarded to the Union within ten (10) working days of receiving the grievance.
Step 2 If the grievance is not resolved in Step 1, gives notice that he within ten (10) days the Union shall submit the grievance to the Area Manager or she wishes to take advantage Zone Manager in writing clearly stating the alleged violation of this clause the Collective Agreement including the Article(s) which were allegedly violated. This submission must be made within ten (10) working days of receiving the Step 1 response. The Area Manager or Zone Manager, responsible for the purpose division will make the decision known to the Union and Shop Xxxxxxx who filed the grievance within ten (10) working days of informally resolving receiving the grievance.
Step 3 If the grievance is not satisfactorily resolved in Step 2, within ten (10) days the Union shall submit to the General Manager or Senior Zone Manager, a problem without recourse request to hold a formal grievance and facilitating discussions meeting between the employee Union Business Representative, the Shop Xxxxxxx, the griever and their supervisorsthe General Manager or Senior Zone Manager, it responsible for the division to hear the grievance. A full hearing of the grievance will be held within ten (10) days of receiving written request to do so. A decision will be forwarded to the Union within ten (10) working days of the hearing. If the decision is unsatisfactory to the Union, the grievance may be submitted to Arbitration, notice will be given in writing within 10 days of receiving the written reply from the Employer. The parties agree to meet at each step of the grievance process.
15.05 The time limits expressed in the foregoing shall exclude Saturdays, Sundays, designated Holidays and normal time off. It is understood and agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Articlespecified in Steps 1, gives notice to the delegated grievance step authority of his 2 or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article 3 may be extended altered by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeUnion.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 Section 1. The parties recognize Employer recognizes the value right of informally resolving problems prior the Union to presenting a formal grievance select one Xxxxxxx at each store to represent the employees on all grievances concerning the interpreta tion or using alternative dispute resolution mechanisms to resolve application of this Agreement.
Section 2. All grievances that are presented concerning the interpretation or application of this Agreement shall be settled in strict accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed procedure set forth in this Article, Saturdaysand, Sundays except as otherwise specifically provided in this Agreement, this procedure is the sole and designated paid holidays exclusive method of disposing of such grievances:
Step 1 — The grievance must be filed within two (2) weeks of the grievance incident and immediately thereafter a meeting will be held among the aggrieved employee (s), the Xxxxxxx (or other Union official), and the Store Manager (or other Employer official). Provided, that in all cases not involving discharge or suspension, the Step 1 two-week time limitation shall be excludednot run during any period when the aggrieved employee is not actually working (e.g., vacation or illness).
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, Step 2 — If the grievance shall be deemed to have been presented on the day on which it is postmarked and not satisfactorily settled in Step 1, it shall be deemed reduced to have been received by the Employer on the day it is date stamped received by the writing and submitted to an appropriate office management official within two (2) weeks of the department or agency concernedStep 1 answer. SimilarlyUpon receipt, the Employer shall be deemed issue a written answer within one (1) week.
Step 3 — If the grievance is not satisfactorily settled in Step 2, the Union has two (2) weeks from receipt of the Step 2 answer to have delivered submit a reply at any level on the date on which the letter containing the reply is postmarkedwritten appeal to an appro priate management administrative official. Within one
(1) week thereafter, but the time limit within which the grievor may present his or her grievance at the next higher level a meeting shall be calculated held between Employer and Union officials and a final written ans wer issued within one (1) week of the meeting. Pro vided, that the parties may agree to hold additional Step 3 meetings without loss of rights under this Article.
Step 4 — If the grievance is not satisfactorily settled in Step 3, the Union has four (4) weeks from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with last Step 3 meeting to refer the form supplied by the Employermatter to arbitration. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative Upon written notice of the Employer authorized Union’s intent to deal with grievances at arbitrate a grievance, the appropriate levelparties shall each designate a rep resentative, and
and the two representatives shall attempt to agree upon an impartial arbitrator. If the designated representatives are unable to reach agreement within one (b1) provide week, the employee with Union may request the Federal Media tion & Conciliation Service to submit a receipt stating the date on which the grievance was received by him or her.panel of seven
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage The Union shall form from among themselves a Grievance Committee of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,more than two (2) members.
(b) following Should any difference concerning the presentation alleged violation of a grievance the terms and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated conditions outlined in this Article may be extended by mutual agreement Collective Agreement arise between the Employer and the employee andUnion, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent such difference shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process be settled as outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the below. All time within which any action is to be taken as prescribed periods and procedures outlined in this Article, Article are mandatory and exclude Saturdays, Sundays and designated paid holidays shall be excludedHolidays observed by the Employer.
18.03 (i) An employee having a grievance will make known his/her grievance in writing to his/her immediate Supervisor or designate within five (5) working days of the incident giving rise to the grievance. The Supervisor or designate shall render his/her decision within three (3) working days.
(ii) Failing settlement at the above stage, the Union Xxxxxxx shall present the grievance in writing on a proper 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 in charge of the Department or designate within five (5) working days of the immediate supervisor's decision in (1), or failing any such decision, within five (5) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriatewas made. Otherwise, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance matter shall be deemed to have been presented on settled or abandoned. The Manager in charge of the day on which it is postmarked Department or designate shall render his/her decision in writing within three (3) working days after the presentation of the grievance by the Union Xxxxxxx.
(iii) Failing settlement at the above stage, the Business Representative, and it Grievance Committee where appropriate, shall present the grievance in writing to the next level of Management or designate within five (5) working days of the decision in (ii) or failing any such decision, within five (5) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. Otherwise, the matter shall be deemed to have been received settled or abandoned. The next level Management member or designate shall render his/her decision in writing within five (5) working days after presentation of the grievance by the Employer on Business Representative.
(iv) Failing satisfactory settlement at the day it is date stamped received by above stage, either party to this Collective Agreement may submit the appropriate office grievance to arbitration within ten (10) working days of the department decision or agency concernedfailing any such decision, within ten (10) working days of the date when the decision ought to have been given, unless a mutual agreement to extend the time limits was made. SimilarlyOtherwise, the Employer matter shall be deemed to have delivered been settled or abandoned. When either party requests that a reply at any level on grievance be submitted to arbitration, that party will make such request in writing addressed to the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance other party to this Collective Agreement and at the next higher level same time submit at least five (5) names of possible arbitrators. Within ten (10) working days thereafter, the other party shall submit at least five (5) names of possible arbitrators. Thereafter, if they are unable to agree upon such arbitrator within a fourteen (14) working day period, the parties may request the Minister of Labour of the Province of Ontario to appoint such an arbitrator.
(c) The decision of the arbitrator shall be calculated from final and binding upon both parties concerned and the date on which the Employer's reply was delivered to the address shown on the grievance formemployee(s) concerned.
18.05 A grievance shall not (d) No person may be deemed appointed as an arbitrator who has been involved in any attempt to be invalid by reason only negotiate or settle the grievance.
(e) The parties will jointly share the expenses of the fact single arbitrator. Witness fees and allowances shall be paid by the party calling the witness. No arbitration costs shall be awarded to or against either party.
(f) The Employer agrees that it is not the Union Xxxxxxx shall be paid for time spent during normal working hours while in accordance meetings with the form supplied by Employer on matters properly arising out of this Collective Agreement.
(g) A Union Xxxxxxx shall be given twenty-four (24) hours notice of a disciplinary meeting, and may attend with the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:discretion.
(ah) forward the It is understood that a policy or Employer grievance may be submitted directly to the representative of the Employer authorized to deal with grievances at the appropriate level, and
Step (b) provide (iii) within five (5) working days of the incident giving rise to the grievance. The other party will respond as outlined in Step (b) (iii).
(i) A policy grievance is defined as an alleged violation of the Collective Agreement affecting a majority of employees or the Employer.
(j) If an employee with believes that he/she has been suspended or discharged without just cause, the matter may be presented as a grievance as prescribed in Step (b) (ii) within five (5) working days of the written notice of such suspension or discharge.
(k) A letter of reprimand or suspension will be removed from the record of any employee twelve (12) months following the receipt stating of such letter or suspension, provided that the date on which employee's record has been discipline free for a twelve (12) month period. All verbal warnings will be removed from the grievance employee’s file after three (3) months providing there is no reoccurrence.
(l) In the event that discipline is to be issued to a bargaining unit member, Management agrees the discipline will be served to the member within five (5) working days of Management becoming aware of the incident unless a mutual agreement to extend the time limits was received by him or hermade.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize A. A grievance is defined as a specific violation of a term of this agreement, or disciplinary action taken against a union member. Each written grievance must state the value Article of informally resolving problems prior the agreement where the violation has occurred, and the remedy requested to presenting settle the grievance.
B. Any step in the grievance procedure outlined below may be skipped on any grievance by mutual consent. In the absence of such mutual consent, at any step where a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) response is not forthcoming within the specified time limits prescribed limits, the grievance will be presumed to have been denied. In such a case, the grievant must present his grievance to the next step in clause 18.11, gives notice that he or she wishes the grievance procedure in order to take advantage obtain further consideration. A copy of this clause for all grievances and responses will be forwarded to the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion Township Administrator and the final response President of the Union.
C. Step 1. The union member or group of union members shall not count as elapsed time present their grievance in writing to their immediate supervisor for the purpose of grievance time limits; or,
their disposition. Except for monetary issues, this must be done within five (b5) calendar days (excluding Saturday, Sunday, and recognized holidays) following the presentation date of occurrence or when the union member or the Union should have had knowledge of the occurrence of the facts upon which the grievance is based. The grievant may, if their or they so desire, be accompanied by a member of the Grievance Committee at this step. The immediate supervisor shall reply in writing to the aggrieved within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays). If the aggrieved union member or members do not refer the grievance to the second step of the procedure within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the decision rendered in this step, it shall be considered to be satisfactorily resolved.
D. Step 2. The grievance, together with all correspondence, shall be submitted to the Chief. The Chief or his designee shall investigate and hold a grievance meeting within five (5) calendar days (excluding Saturday, Sunday, and within recognized holidays) after receipt of the time limits prescribed under this Article, gives notice grievance. The Chief shall give his answer to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer Union and the employee andaggrieved in writing within five (5) calendar days (excluding Saturday, where appropriateSunday, and recognized holidays) after termination of such grievance meeting. Both the Alliance representative.
(c) No representative Union and/or its representatives and Township shall have the right to call such witnesses as are necessary to the investigation and explanation of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, grievance. The aggrieved may be represented by a member of the Alliance at any Grievance Committee.
E. Step 3. The grievance shall be submitted to the Township Administrator no later than five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the unacceptable decision rendered in step 2, or within five (5) calendar days after the five (5) calendar day period in which the response is due. If the grievance is not so presented, it will not further be considered. A meeting or mediation session held to deal shall be scheduled within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) after the filing of the grievance in Step 3. The decision of the Township Administrator shall be given within five (5) calendar days of said meeting. If the aggrieved union member does not notify the Township Administrator through the President of the Union of their dissatisfaction with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by maildecision rendered, the grievance shall be deemed considered resolved. If the Township Administrator fails to answer in writing within five (5) calendar days (excluding Saturday, Sunday, and recognized holidays) time period, the grievance will be presumed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formdenied.
18.05 A F. Step 4. Failure to resolve any grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level processed through Step 3 will result in the grievance procedure shall transmit this grievance being referred to an Arbitrator, provided written notice for the employee's immediate supervisor same is made by the Union President or local officer-in-charge who shall forthwith:
their designee with five (a5) forward the grievance to the representative calendar days (excluding Saturday, Sunday, and recognized holidays) after receipt of the Employer authorized to deal with grievances at decision of the appropriate levelTownship Administrator, and
(b) provide or after the employee with a receipt stating the date on which the grievance was received by him or her.five
Appears in 2 contracts
Samples: Labor Agreement, Labor Agreement
GRIEVANCE PROCEDURE. 18.01 The 7.01 All grievances arising between the parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented shall be dealt with as speedily and effectively as possible in accordance with this Article. Accordingly, when an employee:the following procedure.
(a) within Any employee having a grievance, or one designated member of a group having a grievance, shall first take the time limits prescribed in clause 18.11grievance up with the Chief Engineer, gives notice that he or she wishes who will attempt to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,adjust it.
(b) following Any employee may request the presentation Chief Engineer to call the Committeeperson to handle a specified grievance with the Chief Engineer. Without further discussion of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismsgrievance, the time limits stipulated in this Article may Chief Engineer will notify the Committeeperson of the employee's request and will make arrangements for the Committeeperson to be extended by mutual agreement between present when the Employer and the employee and, where appropriate, the Alliance representativegrievance is next discussed.
(c) No If the grievance is not adjusted satisfactorily, it shall be reduced to writing and signed by the employee or group representative concerned, and the Chief Engineer shall render a decision in writing within two (2) working days.
7.03 If the grievance is not adjusted satisfactorily within seven (7) working days, it shall be presented to the Plant Engineer of the Employer Power House concerned, before whom the employee or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, group representative concerned may be represented by the Alliance Committeeperson for the purpose of any necessary discussion and filing of the grievance. The Plant Engineer shall render a written decision within five (5) working days after this presentation of the grievance, unless an extension of such time is mutually agreed to be necessary.
7.04 If the grievance is not adjusted by the Plant Engineer, such decision may be appealed within ten (10) working days, in writing to the Personnel Director or the designated representative, before whom the employee or group representative concerned shall be represented by the Grievance Committee. The matter shall be heard between the Grievance Committee and the Personnel Director or the designated representative within ten (10) working days of the date of filing of the written appeal. A written decision shall be rendered within five (5) working days after hearing the appeal.
7.05 At any meeting with the Personnel Director or the designated representative, the Grievance Committee may have present any employee affected in the Grievance and any duly accredited representative or representatives of the Union.
7.06 Management may have present at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which Grievance Committee any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level affected in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:under consideration and/or any members of Management.
(a) forward Any employee who is called for an interview concerning discipline, may, if the grievance to employee so desires, request the representative presence of the Employer authorized Committeeperson to deal represent the employee during such interview. It is understood that the interview will be scheduled as circumstances permit. The Chief Engineer will send for the Committeeperson without undue delay and without further discussion of the matter. Any employee who has been suspended or discharged shall be advised in writing of the reason therefore, and shall be permitted an interview with grievances at the appropriate levelCommitteeperson in an office designated by Management, andbefore the employee is required to leave the Plant. Whether called or not, the Committeeperson will be advised in writing within one (1) working day of twenty-four (24) hours of the fact of written reprimand, suspension, or discharge and the reason therefore.
(b) provide The employee will be tendered a copy of any warning, reprimand, suspension or disciplinary layoff entered on the employee's personnel record within three (3) working days of the action taken. In imposing discipline on a current charge, Management will not take into account any prior infractions which occurred more than one (1) year previously nor impose discipline on an employee with for falsification of the employee's employment application after a receipt stating the date on which the grievance was received by him or her.period of twelve
Appears in 2 contracts
GRIEVANCE PROCEDURE. 18.01 The parties recognize 17:01 Any difference concerning the value interpretation, application, administration or alleged violation of informally resolving problems prior the provisions of this collective agreement, including any question as to presenting whether a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented matter is arbitrable, will be dealt with in accordance with this Article. Accordingly, when an employeethe following manner:
(a) within the time limits prescribed STEP 1 An aggrieved member, accompanied and represented by an Association Monitor or Director, may present his/her grievance, in clause 18.11writing, gives notice that he to his/her Unit Commander or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion designate and the final response grievance shall be discussed with a view to reaching a settlement. The Unit Commander shall render a written decision within five working days of the discussion. Any settlement of the grievance reached at this Step will be considered applicable to the case in question only and will not count as elapsed time establish a precedent for the purpose of grievance time limits; or,future cases.
(b) STEP 2 Failing satisfactory settlement at Step 1, the Association may, within twenty working days, submit the grievance to the Director of Labour Relations for further discussion with a view to reaching a settlement. To facilitate settlement, a meeting shall be held at which the Board may be represented by such persons as the Board deems necessary and at which the Association may be represented by such persons as the Association deems necessary. The Director of Labour Relations or his designate, shall render a written decision within seven working days of the Step 2 meeting.
17:02 Any grievance involving the discharge or suspension of a member shall commence at Step 2.
17:03 Either party to this agreement may lodge a grievance in writing with the other party on any difference between the parties concerning an interpretation, application or administration of the collective agreement, including any question as to whether a matter is arbitrable and such grievance shall commence at Step 2.
17:04 A grievance is to be commenced within 25 working days of the incident which gave rise to the grievance, unless the grievor, Association or Board is unaware that grounds exist for a grievance, in which case, the grievance is to be commenced within 25 working days of the time at which the grievor, Association or Board became aware that grounds for a grievance existed.
(a) Failing satisfactory settlement at Step 2 of the Grievance Procedure either party, within ten working days, may refer the grievance to conciliation pursuant to the provisions of Sections 123 of the Police Services Act.
(b) Failing satisfactory settlement at conciliation, either party, within 90 calendar days following the presentation date of a the letter from the Solicitor General under s. 123(4) of the Police Services Act, may refer the grievance and within to arbitration under s. 124 of the time limits prescribed under Police Services Act.
17:06 For the purposes of this Article, gives notice "working days" shall mean Monday to Friday, exclusive of statutory holidays falling on or designated to be taken on any one of the delegated days from Monday to Friday, inclusive.
17:07 An arbitrator may extend the time for the taking of any step in the grievance step authority procedure under a Collective Agreement, notwithstanding the expiration of his such time, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.
(a) A member shall be notified of any disciplinary action taken against the member by way of documentation (currently TPS 931) and has the right to respond thereto in writing within ten working days.
(b) If the issuance of a derogatory TPS 931 is being considered and the member is requested to respond to a unit commander or his/her intention to take advantage of alternative dispute resolution mechanismsdesignate, the time limits stipulated in this Article may be extended by mutual agreement between member shall have the Employer and opportunity to have the employee Divisional monitor or Association representative present at such a meeting and, where appropriatepracticable, without cost or loss of service to the Alliance Board. Representatives of the Board and the Association shall arrange for such meetings with the minimum disruption of police duties by the utilization of available personnel within the Unit or a full-time Association representative.
(c) No representative A copy of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains Personnel Documentation Form TPS 931 will be given to the application of a provision of member when the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action documentation is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee made and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied provision on the Form, derogatory reports will be purged after two years, unless further derogatory reports are received, in which case the report will stay in file until two full years have passed without further derogatory reports.
17:09 Where an arbitrator appointed pursuant to Article 17 to hear a grievance involving discharge or suspension, lodged at Step 2 in accordance with this Article, determines that a member has been discharged or otherwise suspended by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in Board for cause, the grievance procedure shall transmit this grievance arbitrator may substitute such other penalty for the discharge or suspension as to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward arbitrator seems just and reasonable in all the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hercircumstances.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 (a) The parties recognize Parties to this Agreement are agreed that it is of the value utmost importance to adjust complaints and grievances as quickly as possible.
(b) A grievance shall be defined as any difference arising out of informally resolving problems the interpretation, 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 where the employee became aware of the occurrence or infraction more than thirty (30) calendar days before the filing of the grievance.
9.03 It is understood that prior to presenting a formal grievance being submitted, the affected Employee and/or the Union shall discuss the complaint with the Grievor’s supervisor, who shall have an opportunity to adjust the complaint. Failing resolve with the griever’s direct supervisor the grievance shall be submitted as follows:
Step 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 reached within four (4) working days (excluding paid holidays and weekends) from the parties discussing the grievance (or using alternative any longer period, which may be mutually agreed upon), the grievance may be presented as follows:
Step 2 If a settlement satisfactory to the employee and/or the Union Grievance Committee is not reached within four (4) working days (excluding paid holidays and weekends) after Step Number 1 hereof (or longer period which may be mutually agreed upon), a meeting shall be arranged with the Chief Administrative Officer within ten (10) working days (excluding paid holidays and weekends) and a decision shall be rendered by the Chief Administrative Officer. At this stage the aggrieved Employee will be accompanied by at least one (1) representative of the Union. 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.
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 Chief Administrative Officer and will not proceed to arbitration.
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 Employer shall supply the necessary facilities or, where mutually agreed, a virtual platform for the grievance meetings.
9.07 Where a dispute resolution mechanisms 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 resolve grievances that are presented the Chief Administrative Officer for consideration and any steps of the Grievance Procedure may be by-passed. The Chief Administrative Officer shall arrange the meeting and render a decision within ten (10) working days of the conclusion of the grievance meeting (excluding paid holidays and weekends).
9.08 The time limits set forth in accordance with this Article. Accordingly, when an employee:the grievance procedure may be extended at any time upon the mutual agreement of the Employer and the Union.
(a) within Should the time limits prescribed in clause 18.11parties jointly determine that, gives notice that he or she wishes to having completed Step 2 per Article 9.03, the issue under grievance could potentially be resolved through a non-binding mediation process, such process shall take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice place prior to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to issue being heard at arbitration. The subsequent mediation process will not prevent either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this party from filing for arbitration per Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value Section 1. A grievance, under this Agreement, shall be defined as a claim of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within , or the time limits prescribed in clause 18.11Local Union, gives notice that he covered by the Agreement which involves the interpretation, administration of, or she wishes to take advantage compliance with a specific provision of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,Agreement.
(b) following the presentation Section 2. Once any Union or local representative has notified an Employer representative of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarlygrievance, the Employer will not attempt to settle the matter with the individual employee or employees involved.
Section 3. All grievances shall be deemed reduced to have delivered a reply at any level on the date on which the letter containing the reply is postmarkedwriting, but the time limit within which the grievor may present his or her grievance at the next higher level and shall be calculated from the date on which the Employer's reply was delivered provided to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual GrievancesGrievances shall be held at a time and place mutually agreeable to the parties in accordance to the steps outlined below. The Xxxxxxx shall clearly and concisely state all facts which constitute the basis for the grievance and shall specify any Article or Section of the Agreement which may be involved.
18.06 An employee who wishes Section 4. For a discipline grievance to present be valid, it must be presented to an Employer representative in writing, as described in Section 3, within thirty (30) calendar days after notice is given to the union. For non-disciplinary grievances to be valid, they must be presented to the Employer representative in writing as described in Section 3, within thirty (30) calendar days of the events giving rise to the grievance. A grievance alleging discharge without just cause or grievances concerning layoffs due to a grievance at any prescribed level reduction in the grievance procedure work force shall transmit be reduced to writing within five (5) business days of the Union’s receipt of written notice (certified mail to Local President or Business Agent) of the discharge or notice of layoff and shall be submitted at Step 1 of this grievance procedure. The Employer shall provide notice of all formal disciplines to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.Chief Xxxxxxx within fourteen
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 parties to this agreement are agreed that it is of the utmost importance to address complaints and grievances as quickly as possible. grievance shall be considered where the circumstances giving rise to it occurred or originated more than three (3) scheduled working days of the employee concerned before the filing of the grievance. Grievances properly arising under this agreement shall be scheduled and settled as follows: The parties recognize employee shall discuss the value of informally resolving problems issue and potential grievance with his immediate supervisor prior to presenting step one. An issue resolution meeting will be held to correct the situation prior to a formal grievance or using alternative dispute resolution mechanisms written grievance. Participants in the meeting will be the immediate supervisor, the Union Representative, other members of Management as required to resolve grievances that are presented in accordance with this Articlethe case, the at discretion may attend (however, the Union Representative will encourage the griever's attendance); if deemed to any of the parties a Human Resources representative will be asked to attend. AccordinglyA written record of resolution must be completed and distributed within three (3) working days of the meeting, when an employee:
(a) within by the time limits prescribed in clause 18.11, gives notice that he or she wishes immediate supervisor. If a settlement satisfactory to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that not reached within three (3) working days of the written response (or any longer period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article which may be extended by mutual agreement between mutually agreed upon) the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the grievance may be presented as follows: The aggrieved employee may, at his or her requestwith Union Representative, write out grievance on the supplied by the Union and approved by the Company. The written grievance is to be presented to to Human Resources. The shall be encouraged to attend; however, may represented by the Alliance at any meeting Union Representative. Resources will attend as required. The Supervisor will respond in writing within three (3) working days or mediation session held such longer period as agreed to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and parties in writing. If the employee andSupervisor fails to respond in writing within three (3) working days of the meeting, where appropriateto a grievance, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by considered grievance. that the Employer on shall win the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor The aggrieved employee may present his or her submit grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered in writing to the address shown on the grievance form.
18.05 A grievance Plant Union Grievance Committee. The Plant Union Grievance Committee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.meet within six
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within The purpose of the time limits prescribed in clause 18.11following grievance procedure shall be to settle, gives notice that he or she wishes to take advantage as quickly as possible, disputes concerning the interpretation, application, and enforcement of the express provisions of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,Agreement.
(b) following The aggrieved employee shall take up the presentation grievance with their immediate supervisor within five (5) days of a grievance and within its occurrence or the time limits prescribed under this Article, gives notice the aggrieved party could reasonably have acquired knowledge of the event. The supervisor shall attempt to adjust the delegated matter at that time. If the grievance step authority is not settled during informal discussions within ten (10) days of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer its occurrence and the employee andwishes to press the matter, where appropriate, within two (2) days he/she shall present it in writing on the Alliance representativeCity/Association approved grievance form to their supervisor. The supervisor shall respond to the employee in writing within three (3) days thereafter.
(c) No representative If, after referral to the Association's Grievance Committee, the matter is to be pursued, within five (5) days of the Employer or supervisor's written reply, the Bargaining Agent employee shall seek by intimidation, threat or any other means submit their grievance in writing to compel an employee to either participate or not participate their Commanding Officer who shall reply in an alternate dispute resolution mechanismwriting within three (3) additional days.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to If this procedure does not resolve the application of a provision of the collective agreementgrievance, the employee shall present their grievance, in writing, to the Chief of Police within three (3) days of the Commanding Officer's reply. The Chief of Police shall arrange for such meetings and investigations as are necessary to enable him/her to respond in writing to the aggrieved employee within ten (10) days from the receipt of said grievance.
(e) Within five (5) days from receipt of the written response from the Chief of Police, the employee may present the grievance, in writing, to the Reno City Manager, accompanied by all correspondence on the matter. If the grievance has not been settled within ten (10) workdays of the date of submission to the City Manager, the Association may, at his or her requestwithin ten (10) workdays of the date of the City Manager's decision, be represented notify the City Manager in writing that it is submitting the grievance to arbitration.
(f) Within ten (10) workdays of receipt by the Alliance at City Manager of notification of submission to arbitration, an arbitrator shall be selected by mutual agreement, or by alternately striking names from the list of arbitrators attached hereto as Appendix A of this Agreement. The Association shall strike the first name.
(g) The arbitrator shall not have authority to modify, amend, alter, add to or subtract from any meeting or mediation session held to deal of the provisions of this Agreement.
(h) The proceedings shall be conducted in accordance with the matterAmerican Arbitration Association's Voluntary Rules of Arbitration.
18.02 (i) The decision of the arbitrator shall be final and binding on all parties concerned so long as the award does not cost the City an amount in excess of twenty-five thousand dollars ($25,000.00) per grievance. In determining the time within which event the arbitrator's award would cost the City in excess of twenty-five thousand dollars ($25,000.00) per grievance, the arbitrator's decision shall be advisory only to the City Manager, who shall make the final decision.
(j) The costs of arbitration shall be borne as follows;
(1) The expenses, wages and other compensation of any action is witness called before the arbitrator shall be borne by the party calling such witness. Other expenses incurred such as professional services, consultation, preparation of briefs and data to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays presented to the arbitrator shall be excludedborne separately by the party incurring the expense.
18.03 (2) The arbitrator's fees, expenses, and the cost of any hearing room shall be borne by the losing party to the arbitration. The arbitrator will be requested to specify the payer of costs.
(3) If a court reporter is requested by either party or the arbitrator, the arbitrator will determine payment of the costs of the reporter and transcripts.
(k) The time limits stipulated specified in this Article the preceding sections may be extended by mutual agreement between of both parties. A day is considered in this Article to be a workday (Monday through Friday excluding any holiday).
(I) The Association shall provide the Employer and City with the employee names of the three members of the Association's Grievance Committee and, where appropriateshould they be replaced, keep the City informed of their successors. If he/she so wishes, an aggrieved employee may be accompanied by one (1) member of the Association's Grievance Committee at any and each stage of the grievance procedure, subsequent to the informal discussion with their supervisor. If he/she wishes, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor aggrieved employee may present his or her their grievance at the next higher level shall be calculated from the date while on which the Employer's reply was delivered to the address shown on the grievance formduty.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances this Agreement are agreed that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that of the period between utmost importance to adjust complaints and grievances as quickly as possible. An employee who has a grievance shall discuss the initial discussion matter with his xxxxxxx and may be accompanied by his Xxxxxxx or Union Representative. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Within twenty-one working days after the final response shall not count as elapsed time for , circumstances giving rise to the purpose of grievance time limits; or,
occurred or originated (b) following except in the presentation case of a grievance and within the time limits prescribed under this Articledischarge grievance, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailpresented within five working days), the grievance shall be deemed presented to the Employer in writing, and the parties shall meet to endeavour to settle the grievance. If a satisfactory settlement is not forthwith reached by the parties, then the grievance may be submitted to a committee consisting of two members of the Union and two members of the Association who shall meet within five working days thereafter, but not later, and if a satisfactory settlement is not reached within five working days from this meeting, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be submitted to arbitration as provided in Article 6 below at any time within ten working days thereafter but not later. Grievances dealing with alleged violation of hours of work, rates of pay, overtime, travelling and room and board allowances, may be brought forward within three months of such alleged violation. Grievances dealing with payment of Pension contributions, Welfare contributions, Vacation with Pay, remittance of regular monthly dues and working dues and Welfare, Pension and Training Fund Contributions, may be brought forward within days after the circumstances giving rise to the grievance became known, or ought reasonably to have been presented on the day on which it become known. It is postmarked and it further understood that such grievance shall be deemed retroactive to have been received by the Employer on the first day it is date stamped received by the appropriate office of the department or agency concernedalleged violation. Similarly, the The Employer shall be deemed agrees to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance pay interest at the next higher level shall be calculated from the date rate of twenty percent on which the Employer's reply was delivered to the address shown on the grievance formall successful monetary grievances.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 Section 1. A grievance shall be defined as any dispute arising out of the expressed terms or conditions contained within this Agreement.
Section 2. All grievances shall be processed in the following manner:
Step 1: The parties recognize the value share a common goal of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms attempting to resolve grievances most matters informally without resort to the grievance process. Toward this end, the parties will attempt to address issues promptly as they arise. Any grievance shall be submitted in writing to the General Manager within ten (10) calendar days of its occurrence or of the date when the employee or the Union first became aware of the circumstances giving rise to the alleged grievance. The grievance shall set forth the alleged facts of the grievance, the specific Article(s) and Section(s) alleged to have been violated, and the remedy that are presented is being sought. The General Manager shall provide a written response within seven (7) calendar days after receipt of the grievance.
Step 2: If not resolved satisfactorily at Step 1, the grievance shall be submitted in accordance with this Articlewriting to the District Manager or their designee by the Union’s Representative or their designee within seven (7) calendar days after receipt of the response at Step 1. AccordinglyEither the District Manager or their designee or the Union shall request a meeting, when an employee:
(a) within the time limits prescribed in clause 18.11which may be conducted telephonically if mutually agreed, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving the grievance prior to the Employer's final decision. The meeting shall be held within (7) seven calendar days of being requested and will never exceed two paid employees. Within seven (7) calendar days of the meeting the Employer shall deliver to the Union a problem without recourse written reply, which shall provide for a decision in the matter and the reason(s) for the decision. If the grievance is not resolved after the procedures in Step 2 have been completed, the parties, by mutual agreement, may refer the matter to a formal non-binding mediation through FMCS. Such referrals shall occur within seven (7) calendar days after the union receives the written response from the District Manager. This process will be conducted under FMCS jurisdiction and guidelines.
Section 3. Arbitration: If the grievance cannot be satisfactorily adjusted at Step 2, the matter may be referred by the Union for final decision and facilitating discussions between determination to an impartial arbitrator. A request for arbitration shall be filed in writing with the employee Federal Mediation and their supervisorsConciliation Service (FMCS) no later than thirty (30) calendar days following the receipt of the written Step 2 answer, it or the conclusion of grievance mediation, whichever is applicable. Both the Employer and the Union agree to be bound by the rules and regulations of the FMCS. Each party to this Agreement shall bear the expenses of preparing and presenting its own case. The fees and the expenses of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties. The decision of the Arbitrator shall be final and binding on the Employer, the Union, and employee(s) involved. It is understood that the period between Arbitrator shall have the initial discussion and the final response power to modify on disciplinary cases, but shall not count as elapsed have the ability or power to in any way modify, change, restrict, or extend any of the terms of this Agreement.
Section 4. The time for the purpose constraints that refer to any step of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article procedure may be extended by mutual written agreement between of the Employer and the employee and, where appropriate, Union. Any reasonable request made before the Alliance representative.
(c) No representative expiration of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is limit to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays extended shall be excluded.
18.03 The time limits stipulated in this Article may be extended honored by mutual agreement between the Employer and the employee and, where appropriate, Union. Failure to file a grievance or to proceed to the Alliance representativenext step within the prescribed time limits shall constitute a waiver of all rights to grieve and arbitrate such matters.
18.04 Where Section 5. Grievances concerning disciplinary suspensions or discharges may be submitted at the provisions second step of clauses 18.06the grievance procedure. If the grievance is not settled at Step 2, 18.23 or 18.37 canit may be directly submitted to arbitration except as limited in the above paragraph.
Section 6. The Employer shall pay employees at their regular wage rate when they are involved in the grievance discussion and meetings with the Employer, when such meetings take place during their regularly scheduled, normal working hours.
Section 7. Should the grievance not be complied with and it is necessary to present a grievance by mailresolved at the existing step or should there be no response from the Employer within the specified time limits, the grievance may be carried to the next step.
Section 8. To facilitate the efficient and timely administration of this article, Union Representatives may participate in grievance investigations and meetings via telephone, and union stewards will have access to telephones and facsimile machines for the sole purpose of communicating with union representatives regarding a pending grievance. Such access shall be deemed limited to have been presented on reasonable times so as to properly balance the day on which it is postmarked Company’s concern for maintaining efficient operations and it shall be deemed the union’s ability to have been received by the Employer on the day it is date stamped received by the appropriate office address necessary aspects of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formpending grievance.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize During the value term of informally resolving problems prior this agreement any difference concerning the dismissal, discipline or suspension of an employee or the interpretation, application, operation or any alleged violation of this Agreement, including any question as to presenting whether any matter is arbitrable, but excluding an appeal of a formal decision relating to the Long Term Total Disability Plan, shall, without stoppage of work, be the subject of collective bargaining between the Union and the Employer and shall be finally and conclusively settled under and by the following procedure:
a) Such grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance difference shall first be taken up with this Article. Accordingly, when an the employee:
's immediate Supervisor within three (a3) within the time limits prescribed in clause 18.11, gives notice that he working days of such difference or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between arising by the employee and their supervisorsa Union representative. If the difference or grievance is not settled, it shall then be stated in writing and submitted to the Department Head within fourteen (14) days of such difference or grievance arising.
b) If such difference or grievance is agreed that not settled within fourteen (14) calendar days following the period between submission by the initial discussion employee to the Department Head, it shall then be submitted in writing to the City Administrator within thirty (30) additional calendar days.
c) If such difference or grievance is not settled within fourteen (14) days following the submission by the Union to the City Administrator the Union shall present such grievance or difference in writing within thirty (30) additional calendar days to the Director of Human Resources who will immediately notify the Chair of the Joint Grievance Committee. The Joint Grievance Committee shall be comprised of four (4) members, each of whom shall have a vote; two (2) to be appointed by the Mayor, one (1) of whom shall be Chair, and two (2) to be appointed by the Union.
d) Should the Joint Grievance Committee be unable by majority decision to effect a settlement of such difference or grievance within twenty-one (21) calendar days of receipt of such grievance by the Chair, such grievance shall be submitted to a Board of Arbitration within thirty (30) additional calendar days. The Board of Arbitration will be comprised of three (3) persons, one (1) of whom shall be appointed by the Employer and one (1) by the Union. The third member of the Board of Arbitration shall be appointed by the two members so appointed, and shall be Chair. Such appointment shall be made within fourteen (14) calendar days of the date on which notification has been received by the Director of Human Resources to proceed to arbitration. Should the members appointed by the parties fail to agree on a Chair within the fourteen (14) calendar days, the Chair shall be appointed by the Minister of Labour of the Province of British Columbia. The majority decision of the Board shall be final and binding on both parties and each party shall bear the expense of its nominee and shall pay one- half of the expense of the Chair.
e) It is recognized by the Employer and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the Union that there may be incidences where time limits prescribed under this Articlecannot be adhered to (e.g. lengthy illness). In such cases, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between consent of the parties.
f) By mutual consent of the Employer and the employee andUnion, where appropriate, the Alliance representativea single arbitrator may be appointed in substitution of a Board of Arbitration.
(cg) No representative Where under Article 11, a Board of Arbitration finds that an employee has been dismissed, suspended or otherwise disciplined for other than proper cause, such Board of Arbitration may:
i) direct the Employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal, suspension or other discipline or such lesser sum as, in the opinion of the Employer or the Bargaining Agent shall seek by intimidationBoard of Arbitration, threat or any is fair and reasonable; or
ii) make such other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains order as it considers fair and reasonable, having regard to the application terms of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matterthis Agreement.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 6:01 All differences between the value Employer and the Union concerning the interpretation, application, operation, and/or an alleged violation of informally resolving problems prior this Agreement shall be settled without stoppage of work or lockout and the dispute shall be submitted in writing within ten (10) days and then referred to presenting a formal grievance or using alternative paragraph (d) below. In the event of any dispute resolution mechanisms to resolve grievances that are presented in accordance with arising out of this Article. Accordingly, when Agreement between the Employer and an employee, the following procedure will be followed:
(a) An aggrieved party shall within ten (10) days of the time limits prescribed alleged violation submit their complaint in clause 18.11, gives notice that he or she wishes writing to take advantage of this clause for the purpose of informally resolving a problem without recourse Xxxxxxx who shall endeavour to a formal grievance and facilitating discussions settle the complaint between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,employee’s immediate supervisor.
(b) following If the presentation of a grievance complaint is not settled within two (2) days (excluding Saturdays, Sundays and within the time limits prescribed under this Article, gives notice Holidays) it may be referred to the delegated grievance step authority Project Superintendent and an official representative of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeUnion.
(c) No representative 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 or involved and the Bargaining Business Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismof the Union.
(d) When an employee wishes to take advantage of a process outlined under 18.01 If the complaint is not settled within seven (a7) or 18.01 days (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, excluding Saturdays, Sundays and designated paid holidays Holidays) it shall be excludedreferred 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.
18.03 The (e) If a grievance is no t submitted or advanced from one step to another within the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on be abandoned and all rights of recourse to the day on which it is postmarked and it grievance procedure shall be deemed to have been received by at an end, except that the Union and the Employer 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 the day it is date stamped received by the appropriate office of the department or agency concerned. Similarlya neutral Chairperson, the Employer such appointments shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not made in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:Alberta Labour Relations Code.
(ag) forward The Arbitration Board shall be vested with the grievance authority to the representative decide whether any matter referred to it is arbitrable. It shall make its decision within fourteen (14) days of the Employer authorized to deal with grievances at appointment of the appropriate levelChairperson. By mutual consent of the parties the time limits may be extended. It shall not alter, and
(b) provide amend, or change the employee with a receipt stating terms of this Agreement. The majority decision of the date on which Arbitration Board shall be final and binding upon both parties but if there is no majority award, the grievance was received by him or herdecision of the Chairperson shall be the award.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize There shall be established a Canadian Joint Conference Board (see Article XVI) that shall have oversight of the value following Grievance Procedure. All disputes and controversies as to the meaning, interpretation, application or alleged violation of informally resolving problems prior any provision of this Agreement shall be treated as a 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 presenting change, alter, modify or amend the terms or intent of this Agreement. Any provision in a formal local Agreement contrary to, or in conflict with the terms of this Agreement shall not be 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 terms and intent of this article is subject to the foregoing.
Step 1. A grievance or using alternative dispute resolution mechanisms shall be filed, in writing, by either party within ten (10) working days of the circumstances giving rise to the grievance, a copy of which must be sent to the CPFA office, and an effort shall be made by the representatives of the Union and the Employer to resolve grievances that are it within a period of ten (10) working days from the filing of the grievance.
Step 2. Failing Settlement in Step 1: An International Representative of the United Association and an Employer Representative shall meet within a period of ten (10) working days thereafter for the purpose of attempting to settle the grievance. Failing settlement in Step 2, the grievance may be advanced to Step 3.
Step 3. The grievance may be presented in accordance as a request for arbitration by filing it together with this Articlea statement of the grievance, or matter to be arbitrated, the dates upon which it occurred, full particulars of the claim, the parties involved and the remedy requested with the Canadian Joint Conference Board. Accordingly, when an employee:A copy of such written request shall be served by the Chairman of the Board upon the United Association and the Employer or Employers involved and upon the Canadian Pipe Fabricators Association. Thereafter,
(a) If, within ten (10) working days after the time limits prescribed date upon which the notice has been served, neither of the Union or the Employer(s) involved in clause 18.11, gives the grievance serve a written notice that he or she wishes to take advantage of this clause for upon the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed Chairman that the period between grievance be submitted directly to an impartial arbitrator in lieu of a hearing before the initial discussion and the final response shall not count Canadian Joint Conference Board as elapsed time for the purpose of grievance time limits; set forth in Step 4, or,
(b) following If, within ten (10) working days of the presentation 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 and within shall then proceed to Step 5, below.
Step 4. 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 limits prescribed under this Article, gives notice period of Step 3. Notice of time and date of such hearing shall be given to the delegated grievance step authority of his or her intention Union and to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or Employers involved to appear and to be heard. The Canadian Joint Conference Board shall render a decision within thirty (30) working days after the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision close of the collective agreement, the employee may, at his or her request, be represented arbitration hearing. Any decision rendered by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays Canadian Joint Conference Board shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between final and binding on all parties. If the Employer Canadian Joint Conference Board is unable to reach and does not render a decision within thirty (30) working days after the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office close of the department hearing, or agency concerned. Similarly, if the Employer shall be deemed to have delivered a reply at any level on Board notifies the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact parties that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present deadlocked, within a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative period of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.thirty
Appears in 1 contract
Samples: Commercial Manufacturing and Pipe Fabrication Agreement
GRIEVANCE PROCEDURE. 18.01 6.01 The parties recognize to this agreement are agreed that it is of the value of informally resolving problems prior utmost importance to presenting a formal adjust complaints and grievances as quickly as possible.
6.02 No grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:shall be considered
(ai) within which takes over or displaces the time limits prescribed in clause 18.11function of management, gives notice that he or
(ii) where the circumstances giving rise to it occurred or she wishes to take advantage originated more than ten (10) full working days before the filing of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; orgrievance,
(biii) following unless the presentation of Employee has first given his immediate supervisor an opportunity to adjust his complaint.
6.03 Failing a satisfactory resolution as outlined in 6.02 (iii) the Union shall submit a written grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority Director of his Labour Relations, or her intention to take advantage their designate, within ten (10) working days of alternative dispute resolution mechanismsan issue being identified. The Director of Employee and Labour Relations, or their designate shall, where practicable, meet with the Grievance Committee, the time limits stipulated grievor, and the Xxxxxxx if necessary, within fifteen (15) working days of the receipt of the grievance. The Director of Employee and Labour Relations, or their designate will issue a response in this Article writing to the Chairperson of the Grievance Committee within ten (10) working days of the above 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 satisfactory settlement of the matter in dispute is not reached, the said matter may be extended 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 between of the Employer parties and expenses shall be shared equally.
6.05 The City (HSR) and the employee and, where appropriate, Union agree to abide by the Alliance representative.
(c) No representative terms of the Employer 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 proceedings may be instituted by either the aggrieved party or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision Grievance Committee of the collective agreementLocal 107, the employee may, commencing at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time Step 2 within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.six
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 22.01 A grievance is any written complaint made by an employee or group of employees or the value Union concerning pay, working conditions, terms of informally resolving problems prior to presenting a formal grievance employment, or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage application of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeAgreement.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation22.02 Before submitting a grievance, threat or any other means to compel an employee is encouraged to either participate discuss the matter with the Employer. An employee, if he/she so desires, is entitled to be assisted or not participate in an alternate dispute resolution mechanismrepresented by the Union during such discussions.
(d) When an employee wishes 22.03 A grievor is entitled to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance Union at any meeting or mediation session held to deal with each step of the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Articlegrievance procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeshall be granted leave with pay to attend any and all grievance hearings.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 22.04 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this may submit his/her grievance to the employee's immediate supervisor National President. The grievance must be submitted to the National President, not later than the twenty- fifth (25th) day after the date on which he/she is notified orally, or local officer-in-charge who in writing, or on which he/she becomes aware of the action or circumstances giving rise to the grievance.
(a) A written reply will be given by the Employer to the grievor and his/her
(b) Failing a reply from the Employer, the grievor has ten (10) working days from the expiry of the time limit in Article 22.05(a), in which to submit the grievance to the next step.
22.06 Subject to Article 22.08, if the decision of the National President is not satisfactory to the grievor, he/she may submit the grievance to an arbitrator within twenty (20) working days. A single arbitrator shall forthwithbe appointed by mutual agreement. If this method fails, the appointment shall be made by the Minister of Labour for Ontario, upon the request of either party. The decision of the Arbitrator shall be made in writing within seven (7) days after the hearing, except by mutual consent. The decision of the Arbitrator shall be made in writing within seven (7) days after the hearing, except by mutual consent.
22.07 The time limits set out in this procedure may be waived or extended by mutual agreement.
22.08 Grievances with respect to:
(a) forward matters arising from the grievance to the representative interpretation, application, administration, or alleged violation of the Employer authorized to deal with grievances at the appropriate level, andthis Agreement; or
(b) provide disciplinary action, discharge, suspension, financial penalty, or any other matter, can be referred to an arbitrator. The decision of the employee National President is final and binding on all other matters.
(a) The Union or the Employer may submit a matter directly to an arbitrator on any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement;
(b) Before submitting a grievance of this nature, the party concerned is encouraged to discuss the matter with a receipt stating the date other party involved.
22.10 The decision of the arbitrator shall be final and binding. In respect of matters referred to him/her, the arbitrator shall have the authority to cancel, modify or amend any prior decision of the Employer.
22.11 A grievance related to the interpretation or application of this Agreement must be authorized by the Union prior to its presentation to the Employer.
22.12 All Arbitration expenses shall be shared equally by the Union and the Employer.
22.13 Maintenance of normal earnings shall be provided by the Employer for all Union Representatives acting on which the grievance was received procedure and the grievor, up to and including arbitration.
22.14 No grievance shall be considered invalid by him any formal or hertechnical objection, providing the procedures have been observed correctly.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 It is the mutual desire of both parties that grievances shall be adjusted as quickly as possible. The parties recognize the value Employees shall appoint a Grievance Committee of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented three (3) members in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause its constitution and by-laws for the purpose of informally resolving a problem without recourse attempting to a formal settle any grievances, which may arise, in accordance with the procedure set out hereinafter. The Association shall notify the Employer the names of the employees serving as members of, and any changes in the Grievance Committee. A grievance and facilitating discussions shall be defined as any difference between the parties of this Agreement relating to the interpretation, application or administration of the Agreement, including the question of whether or not a matter is arbitrable and any question as to whether the suspension, discharge, or other discipline of any employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of reasonable may constitute a grievance and shall, at the request of either party, be dealt with as follows: No grievance shall be considered where the circumstances giving rise to it occurred or originated more than five (5) days before the submission of the grievance. Ste p When a grievance occurs the aggrieved employee shall first submit the grievance in writing, in duplicate form to the Grievance Committee of the Association, one copy of which shall be forwarded to the Fire Chief by the Grievance Committee. Ste p Within five (5) days of submission of the grievance under Step the aggrieved employee represented by and accompanied by a duly elected Grievance Committee of the Association, and all parties concerned, shall meet with the Fire Chief to have the grievance heard. A decision shall be rendered by the Fire Chief within two (2) days after this meeting. Ste p Failing satisfactory settlement within five (5) days after receiving the decision under Step the Grievance Committee, together with the aggrieved employee, may present the grievance, in writing, to the City Council of the City of Waterloo, and a hearing shall be granted with Council or their designated representatives. A decision shall be given in writing within fourteen (14) days after the grievance was first presented at a regular council meeting. Replies to grievances shall be in writing at all stages. The time limits prescribed under this Article, gives notice to fixed in the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article procedure may be extended by mutual agreement between the Employer and the employee andconsent, where appropriatein writing, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means parties to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 this Agreement. In determining the time within in which any action stage is to be taken as prescribed in under the foregoing provisions of this Article, Saturdays, Sundays and designated paid holidays Statutory Holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and. A minimum on duty staff of fifteen (15) qualified fire-fighting personnel, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit suppression division will be in effect for the term of this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or heragreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion Employer and the final response shall not count as elapsed time for the purpose Union support and subscribe to an orderly method of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under adjusting employee grievances. To this Articleend, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the Union agree that an employee andshould first bring his problem or grievance to the attention of his immediate supervisor, where appropriatewith or without his xxxxxxx, who shall attempt to resolve the Alliance grievance informally. Suspensions, demotions and disciplinary actions other than dismissals shall not be a subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. Dismissals are to be heard only by an arbitrator. The list of rotating arbitrators will be canvassed to obtain the earliest available date. The arbitrator must complete the hearing and render a decision within ninety (90) calendar days after termination. Employer backpay liability, if any, shall be limited to ninety (90) calendar days unless the Union shall establish that the delay, though caused by the Employee or Employee's representative, was caused by just and reasonable cause.
(c) No representative of Step 1 If the Employer or grievance is not settled informally, it shall be discussed with the Bargaining Agent shift ~teward and shall seek be reduced to writing, signed by intimidation, threat or any other means the grievant and submitted to compel an employee to either participate or not participate in an alternate dispute resolution mechanismhis immediate supervisor.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 Step 2 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the written grievance shall be deemed discussed between the shift xxxxxxx and the immediate supervisor, and the Chief Xxxxxxx if so desired. The supervisor will attempt to have been presented on adjust the day on which it is postmarked matter and it will give his written decision within five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written grievance. )
Step 3 Any grievance not settled at Step 2 may be submitted to the next meeting of the grievance committee. Any grievance not submitted to the next grievance committee meeting, by written notification to the Employer within five (5) days of the immediate supervisor's written decision, shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office considered dropped. Any matter not settled in Step 3 of the department or agency concernedgrievance procedure may be submitted to final and binding arbitration by either of the parties. Similarly, A request for arbitration must be submitted by written notice to the Employer other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be deemed to have delivered a reply at any level on the date on borne equally by both parties. The grievances upon which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level arbitration has been demanded shall be calculated from the date on which the Employer's reply was delivered referred to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only one of the fact that it is not following arbitrators in accordance with the form supplied by date of the Employer. Individual Grievances
18.06 An employee who wishes to present a written grievance, the oldest grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwithbeing referred first:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and1. Xxxx Xxxxx
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.2. Xxxxxxx Xxxxxx 3. Xxxx Xxxx
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 13.1 The parties recognize recognise that from time to time employees may have grievances in relation to matters arising from this Agreement which need to be resolved.
13.2 The objective of this procedure is to ensure that such grievances are resolved without unnecessary delay and that the value principles of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that procedural fairness are presented in accordance with this Article. Accordingly, when an employeefollowed.
13.3 The following procedure shall apply:
(a) within The employee shall attempt in the time limits prescribed in clause 18.11, gives notice that he or she wishes first instance to take advantage of this clause for resolve the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,matter directly with his/her immediate supervisor.
(b) following If the presentation of a grievance and within employee still feels aggrieved then the time limits prescribed under this Article, gives notice matter shall be referred to the delegated grievance step authority nominated representative of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeemployer.
(c) No representative If the grievance is still unresolved a meeting of the Employer or parties shall be arranged at the Bargaining Agent shall seek by intimidation, threat or request of any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismparty.
(d) When an employee wishes to take advantage It is agreed that the requirements of a process outlined under 18.01 (a) or 18.01 (b) above this clause shall, as far as is reasonably practicable, be fulfilled within seven business days from the date that pertains the full and complete details of the grievance were notified to the application of a provision employer. Where resolution of the collective agreementgrievance is not achieved within seven business days then the period may be extended to a maximum of fourteen business days or such longer period as agreed between the parties with such agreement not to be withheld unreasonably.
(e) Until the grievance is determined, the employee may, at shall continue normal work unless he or she has a reasonable concern about an imminent risk to his or her request, be represented health or safety and must comply with a direction given by the Alliance employer to perform other available work at any meeting the same workplace or mediation session held another workplace unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the work to deal be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the matterdirection.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays (f) No party shall be excludedprejudiced as to the final settlement by the continuance of work.
18.03 The (g) A nominated representative of the employee or employer shall be entitled to participate in any discussion(s) conducted under these provisions subject to the giving of three business days’ prior notice by either party or at an earlier time limits stipulated in this Article by mutual agreement.
(h) If the grievance is not settled the matter may be extended referred by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered either party to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not Commission for resolution in accordance with clause 15 – Dispute Resolution.
(i) At any time during the form supplied grievance process, the parties may agree to attempt to resolve the matter through a process of mediation. The mediation process and cost associated with this process will be agreed to by the Employerparties. Individual Grievances
18.06 An employee who wishes to present The procedures under this clause will be suspended while a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hermediation process is being followed.
Appears in 1 contract
Samples: Victorian Early Childhood Teachers and Educators Agreement 2016
GRIEVANCE PROCEDURE. 18.01 11.01 The parties recognize Parties to this Agreement are agreed that it is of the value utmost importance to adjust complaints and grievances as quickly as possible.
11.02 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than ten (10) calendar days before the filing of informally resolving problems the grievance.
11.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows:
a) It is understood that prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismsbeing submitted, the time limits stipulated in this Article may be extended by mutual agreement between affected employee and/or the Employer and Union shall discuss the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal complaint with the matter.
18.02 In determining Department Head who shall have an opportunity to adjust the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between complaint. Failing resolve with the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, Department Head the grievance shall be deemed submitted as follows:
b) The aggrieved employee shall submit his/her grievance in writing to have been presented on the day on Union Grievance Committee. The Union Grievance Committee may then present the grievance in writing to the Administrator. If a settlement satisfactory to the employee and/or the Grievance Committee is not reached within five (5) working days, excluding Saturday and Sunday, or any longer period which it is postmarked and it shall may be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarlymutually agreed upon, the Employer shall grievance may be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwithpresented as follows:
c) The Union Grievance Committee, after having completed the procedure set forth in Step (a) forward hereof, may then present the grievance to the Manager, Human Resources for the County who shall arrange a meeting within ten (10) working days of the receipt of request from the Union with the appropriate Committee of Council to consider the grievance. At this step the aggrieved employee may be accompanied by a representative of the Employer authorized to deal with grievances at Union if his/her presence is requested by either party.
d) If final settlement of the grievance is not completed within seven (7)calendar days after deliberations have commenced between the Union Grievance Committee and the appropriate levelCommittee of Council, andand if the grievance is one which concerns the interpretation of alleged violation of the Agreement, the grievance may be referred by either party to the Board of Arbitration as provided herein at any time within 21 days thereafter, but not later.
(b) provide 11.04 Replies to grievances shall be in writing at all times.
11.05 Grievances settled satisfactorily within the employee with a receipt stating time allowed shall date from the date on which time that the grievance was received by him filed.
11.06 The Corporation shall supply the necessary facilities for the grievance meetings.
11.07 Where dispute involving a question of general application or herinterpretation 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 bypassed.
11.08 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
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within The Company acknowledges the time limits prescribed in clause 18.11, gives notice that he right of the Union to appoint or she wishes otherwise select a grievance committee of up to take advantage two (2) employees and the Local Chairperson. Only members of this clause for the purpose of informally resolving a problem without recourse to a formal grievance committee and facilitating discussions between the employee and their supervisorsor employees concerned may appear to process a grievance, it is agreed that except in the period between case of the initial discussion and dispute involving a question of the final response general application or the interpretation of the Agreement when only the grievance committee shall not count as elapsed time for process the purpose of grievance time limits; or,grievance.
(b) following The Company will not be required to consider any grievance which is not presented within (10) working days after the presentation griever or the Union first became aware of the alleged violation of the Agreement.
(c) If final settlement of the grievance is not reached at Step three, then the grievance may be referred in writing by either party to Arbitration as provided in Article 7- Arbitration within fifteen (15) days after the receipt of the response to the Step three procedure.
(d) When two or more employees wish to file a grievance rising from the same alleged violation. of this Agreement, such grievance may be handled as a group grievance and within the time limits prescribed under this Article, gives notice presented to the delegated Company beginning at Step two of the grievance step authority procedure.
(e) The Union and the Company shall have the right to initiate a policy grievance at Step three of his or her intention the grievance procedure, and all provisions of the grievance and arbitration procedures shall apply to take advantage of alternative dispute resolution mechanisms, the such grievances.
(f) The time limits stipulated allowances provided in this Article may be extended by mutual agreement between the Employer and parties in writing. If the time allowance or any extension therefore, is not observed by the party who it has alleged has violated the Agreement, the grievance will be considered as advanced to the next step of the grievance procedure including arbitration,
(g) A claim by an employee that he\she has been discharged or suspended without just cause shall be a proper subject for a grievance, if a written statement of such grievance is lodged at Step three (3) of the grievance procedure within ten (10) working days after the employee and, where appropriatereceives notice that he\she has ceased to work for the Company or returns to work after a suspension as the case may be,
(h) When an employee has been suspended or dismissed, the Alliance representativeUnion will be notified concurrently with any disciplinary action being taken.
(i) Disciplinary notices which form part of the employee's record shall be withdrawn from the employee's file after eighteen (18) months from date of issue except in cases of innocent absenteeism.
(j) The Company agrees that persons who are required to take part in grievance meetings shall not suffer loss of pay for time spent in such meetings.
(a) it is the mutual desire of the parties hereto that any alleged violation of this Agreement, including its application and interpretation, shall be settled as quickly and reasonably as possible, using the following procedure:
(b) Step 1: The aggrieved employee shall, within ten (10) working days after the grievance first arises, discuss the problem with his\her supervisor, and failing a resolution, submit the grievance in writing with assistance from his/her Union Xxxxxxx, should the employee so request, to the Chairperson of the Union Grievance Committee, and shall affix his\her signature. If the supervisor fails to respond within forty eight (48) hours the grievance will automatically move to Step 2 of the grievance procedure,
(c) No representative Step 2: If the Grievance Committee of the Employer Union considers the grievance to be justified, the griever(s) concerned, together with Grievance Committee (or part thereof) submit the Bargaining Agent grievance in writing to the Superintendent or Manager within three (3) working days of the response to Step 1. The Superintendent or Manager shall seek by intimidation, threat or any other means respond to compel an employee to either participate or not participate in an alternate dispute resolution mechanismthe grievance within three (3) working days of receiving it.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailStep 3: If necessary, the grievance will be submitted to the Manager of Manufacturing or the Sales\Marketing Manager within a further three (3) working days and a meeting shall be deemed to have been presented on convened with the day on which it is postmarked griever(s) and it shall be deemed to have been received by the Employer on Union Grievance Committee, the day it is date stamped received by Field Staff Representative and the appropriate office members of management in a further attempt to resolve the department or agency concernedgrievance. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit The Manager will respond within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered three (3) working days in writing to the address shown on the grievance formUnion.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement (Graham Field Health Products Inc)
GRIEVANCE PROCEDURE. 18.01 The parties recognize 28.01 All disputes or controversies arising as to the value meaning or interpretation of informally resolving problems prior any provision of this Agreement and all matters relating to presenting a formal grievance violation of this Agreement shall be commenced within forty-five (45) days of occurrence of knowledge of said dispute or using alternative violation. This dispute resolution mechanisms to resolve grievances that are presented or violation shall be disposed of in accordance with this Article. Accordingly, when an employeethe following procedure:
(aA) Any such grievance shall be first adjusted between the grieved Employee and the Employee’s immediate superior and, if not settled within twenty-four (24) working hours;
(B) Between the grieved Employee and the Employee’s superintendent and, if not settled within twenty-four (24) working hours;
(C) Between a representative of the Union and the Employer and, if not settled within seven (7) days; If the grievance is for delinquencies, only then the delinquent contractor shall pay all costs for the arbitrators expenses.
(D) It shall be submitted in writing to a Labour Management Committee formed of three (3) members representing the Canadian Automatic Sprinkler Association and three (3) members representing the Local Union, comprised of at least one journeyman of the Union and, if not settled within seven (7) days; (If settlement is reached by the Labour Management Committee described above, such settlement shall be final and binding on all parties and may not be taken to an Impartial Arbitrator as provided in step (E).
(E) The grievance shall be submitted to an Impartial Arbitrator selected by the Canadian Automatic Sprinkler Association and the Local Union within seven (7) days;
(F) If the Canadian Automatic Sprinkler Association and the Local Union fail to agree on the selection of an impartial arbitrator, the Minister of Labour of the province where the grievance occurred shall recommend the appointment of the Impartial Arbitrator.
28.02 A grievance not initiated or taken to the next step within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated specified in this Article Agreement is deemed to be dropped. Time limits may be extended by mutual agreement between of the Employer and the employee and, where appropriate, the Alliance representativeLocal Union having jurisdiction.
(c) No representative of the Employer 28.03 The decision or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays arbitrator shall be excluded.
18.03 The time limits stipulated in this Article given within ten (10) days (may be extended by mutual agreement between consent) shall be final and binding on all parties. The decision, however, of the Employer arbitrator shall be limited to the interpretation and application of the Agreement and the employee and, where appropriatearbitrator shall have no powers to change or amend this collective agreement.
28.04 The expenses of the arbitrator shall be equally borne by both parties to this Agreement.
28.05 If a grievance is filed by the Union or the Employer, the Alliance representativeprocedure shall commence at clause 28.01, step (C), Article XXVIII.
18.04 Where 28.06 If in any zone the provisions Provincial Labour Act provides for an alternate or quicker form of clauses 18.06arbitration, 18.23 either party may refer grievances thereto under the terms of said act or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formacts.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 4.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances this Agreement are agreed that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that of the period between utmost importance to adjust complaints and grievances as quickly as possible.
4.02 An employee/pieceworker who has a grievance/complaint shall discuss the initial discussion matter with his xxxxxxx and the final response shall not count as elapsed time for the purpose of grievance time limits; or,may be accompanied by his Xxxxxxx or Union Representative
(b) following the presentation of a grievance and within the time limits prescribed 4.03 Grievances properly arising under this Article, gives notice Agreement shall be adjusted and settled as follows: Within ten (10) days after the circumstances giving rise to the delegated grievance step authority of his occurred or her intention to take advantage of alternative dispute resolution mechanismsoriginated, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or but not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailthereafter, the grievance shall be deemed presented to have been presented on the Employer in writing by the aggrieved employee, and the parties shall meet within five (5) working days in an endeavour to settle the grievance. If a satisfactory settlement is not reached within five (5) days of this meeting, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be submitted to arbitration as provided in Article 5 below, at any time within ten (10) days thereafter, but not later.
4.04 Grievances dealing with alleged violation of hours of work, rates of pay, overtime, travelling expenses, welfare, pension and dues, classification assignment or where the griever’s inclusion in the bargaining unit is in dispute, may be brought forward within thirty (30) working days of such alleged violation except in the case of any grievances concerning remittances which are required to be made under the terms of this Collective Agreement, which may be brought forward within thirty (30) working days of the Union becoming aware of the violation. It is further understood that such grievance may be retroactive to the first day on which it is postmarked and it of the alleged violation. It shall be deemed clearly understood that all written grievances must be specific, and are to have been received by include: - name of employee or pieceworker company with the Employer on the day it is date stamped received by the appropriate office grievance; - job name and location; - nature of violation (specific section of the department or agency concerned. Similarlyagreement), the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formand remedy sought.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11Any complaint, gives notice that he disagreement, or she wishes to take advantage difference of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement opinion between the Employer and the Union or the employees covered by the Agreement which concerns the interpretations, application, operation, or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance.
(b) All grievances, except those submitted by the employee andto their immediate Supervisor or to the Union, where appropriateshall be submitted in writing and shall set forth, clearly, the Alliance representativeissues and contentions of the aggrieved party; the Employer shall then reply, in writing, to the Union's letter, setting forth their answer to the points raised by the Union in its grievance.
(c) No representative Any employee, the Union, or the Employer may present a grievance. Any grievance which is not presented within fourteen (14) calendar days following the event giving rise to such grievance (except by errors in respect to the employee's compensation which must be presented in writing within fourteen (14) calendar days of the employee becoming aware of the event giving rise to such grievance), or within ten (10) calendar days of the last day worked in the case of a dismissal, shall be forfeited and waived by the aggrieved party.
1. The procedure for adjustment of grievances and disputes by an employee shall be as follows: 1st Step: By a discussion between the employee and the Shop Xxxxxxx and employee’s immediate Supervisor. If a satisfactory settlement cannot be reached within five (5) calendar days, then within ten (10) calendar days; 2nd Step: The Union Representative(s) may take up the matter in writing with the official designated by the Employer to handle labour relations matters. If a satisfactory settlement cannot be reached within fourteen (14) calendar days from the time it was presented to the Employer representative, the matter may then be referred to arbitration. It is agreed that under unusual circumstances an employee may take their alleged grievance directly to the Union.
2. The procedure for adjustment of grievances and disputes by the Union or the Bargaining Agent Employer shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains be as follows: 1st Step: The aggrieved party shall present the written grievance to the application of other, and if a provision of satisfactory settlement cannot be reached within fourteen (14) calendar days from the collective agreementtime it was presented, the employee may, at his or her request, matter may then be represented by the Alliance at any meeting or mediation session held referred to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time arbitration. Time limits stipulated in this Article for grievances may be extended by mutual agreement between of the Union and the Employer.
(e) Arbitration shall involve a single arbitrator mutually acceptable to both parties. Within ten (10) days (excluding Saturday, Sunday, and holidays) following receipt of notice, the Employer and the employee andUnion, where appropriateshall agree upon a single Arbitrator. In the event the Parties fail to agree upon an Arbitrator, the Alliance representative.
18.04 Where Department of Mediation Services shall, be requested to appoint an Arbitrator. Grievances submitted to arbitration shall be in writing and shall clearly specify the provisions nature of clauses 18.06, 18.23 or 18.37 canthe issues and the remedy requested. In reaching its decision the single Arbitrator shall not be complied vested with and it is necessary the power to present a grievance by mailchange, modify, or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expenses of the grievance single Arbitrator shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received borne, equally, by the Employer on and the day it is date stamped received by the appropriate office Union. The findings and decisions of the department or agency concerned. Similarly, the Employer single arbitrator shall be deemed to have delivered a reply at any level binding and enforceable on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formall Parties.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within The purpose of the time limits prescribed in clause 18.11following grievance procedure shall be to settle, gives notice that he or she wishes to take advantage as quickly as possible, disputes concerning the interpretation, application, and enforcement of the express provisions of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,Agreement.
(b) following The aggrieved employee shall take up the presentation grievance with his/her immediate supervisor within five (5) days of a grievance and within its occurrence or the time limits prescribed under this Article, gives notice the aggrieved party could reasonably have acquired knowledge of the event. The supervisor shall attempt to adjust the delegated matter at that time. If the grievance step authority is not settled during informal discussions within ten days of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer its occurrence and the employee andwishes to press the matter, where appropriate, within two (2) days he/she shall present it in writing on the Alliance representativeCity/Association approved grievance form to his/her supervisor. The supervisor shall respond to the employee in writing within three (3) days thereafter.
(c) No representative If, after referral to the Association's Grievance Committee, the matter is to be pursued, within five (5) days of the Employer or supervisor's written reply, the Bargaining Agent employee shall seek by intimidation, threat or any other means submit his/her grievance in writing to compel an employee to either participate or not participate his/her Commanding Officer who shall reply in an alternate dispute resolution mechanismwriting within three (3) additional days.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to If this procedure does not resolve the application of a provision of the collective agreementgrievance, the employee shall present his/her grievance, in writing, to the Chief of Police within three (3) days of the Commanding Officer's reply. The Chief of Police shall arrange for such meetings and investigations as are necessary to enable him/her to respond in writing to the aggrieved within ten (10) days from the receipt of said grievance.
(e) Within five (5) days from receipt of the written response from the Chief of Police, the employee may present the grievance, in writing, to the Reno City Manager, accompanied by all correspondence on the matter. If the grievance has not been settled within ten (10) workdays of the date of submission to the City Manager, the Association may, at his or her requestwithin ten (10) workdays of the date of the City Manager's decision, be represented notify the City Manager in writing that it is submitting the grievance to arbitration.
(f) Within ten (10) workdays of receipt by the Alliance at any meeting City Manager of notification of submission to arbitration, an arbitrator shall be selected by mutual agreement, or mediation session held to deal with by alternately striking names from the matterlist of arbitrators attached hereto as Appendix A of this Agreement. The Association will strike the first name.
18.02 (g) The arbitrator shall not have authority to modify, amend, alter, add to or subtract from any of the provisions of this Agreement.
(h) The proceedings shall be conducted in accordance with American Arbitration Association's Voluntary Rules of Arbitration.
(i) The decision of the arbitrator shall be final and binding on all parties concerned so long as the award does not cost the City an amount in excess of twenty-five thousand dollars ($25,000.00) per grievance. In determining the time within which event the arbitrator's award would cost the City in excess of twenty-five thousand dollars ($25,000.00) per grievance, the arbitrator's decision shall be advisory only to the City Manager, who shall make the final decision.
(j) The costs of arbitration shall be borne as follows:
(1) The expenses, wages and other compensation of any action is witness called before the arbitrator shall be borne by the party calling such witness. Other expenses incurred such as professional services, consultation, preparation of briefs and data to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays presented to the arbitrator shall be excludedborne separately by the party incurring the expense.
18.03 (2) The arbitrator's fees, expenses, and the cost of any hearing room shall be borne by the losing party to the arbitration. The arbitrator will be requested to specify the payer of costs.
(3) If a court reporter is requested by either party or the arbitrator, the arbitrator will determine payment of the costs of the reporter and transcripts.
(k) The time limits stipulated specified in this Article the preceding sections may be extended by mutual agreement between of both parties. A day is considered in this Article to be a workday (Monday through Friday excluding any holiday).
(l) The Association shall provide the Employer and City with the employee names of the three members of the Association's Grievance Committee and, where appropriateshould they be replaced, keep the City informed of their successors. If he/she so wishes, an aggrieved employee may be accompanied by one (1) member of the Association's Grievance Committee at any and each stage of the grievance procedure, subsequent to the informal discussion with his/her supervisor. If he/she wishes, the Alliance representativeaggrieved employee may present his/her grievance while on duty.
18.04 Where (m) Nothing contained herein shall preclude an employee, with or without representation, from bringing a problem not covered herein through the provisions chain of clauses 18.06, 18.23 command to the Chief of Police and then to the City Manager on an informal and oral basis.
(n) All complaints involving or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance concerning payment of compensation shall be deemed to have been presented on the day on which it is postmarked filed in writing and it no adjustments shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated retroactive for more than sixty (60) days from the date on which the Employer's reply was delivered to the address shown on the grievance formof filing.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Labor Agreement
GRIEVANCE PROCEDURE. 18.01 A. A grievance is herein defined as an appeal of the interpretation, application or violation of policies, agreements and administrative decisions. The objective of this procedure is to secure at the lowest possible level an equitable settlement of problems. The parties recognize agree that this procedure will be kept as informal as possible.
B. The following constitutes the value sole and exclusive method for resolving grievances between the parties covered by this Agreement and should be followed in its entirety unless any step is waived by mutual consent.
STEP 1 An aggrieved employee or the Union shall institute action under this provision, in writing, within fourteen (14) calendar days of informally resolving problems prior the occurrence of the grievance and an xxxxxxx effort shall be made to presenting settle the difference between the aggrieved employee and the employee’s immediate supervisor. The Borough Administrator shall conduct a formal hearing regarding the grievance and shall render a decision in writing within fourteen (14) calendar days of the receipt of the written grievance. If the grievance is not resolved through step 1, or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) if no answer has been received by the Union within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailstated above, the grievance shall be deemed presented to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office Council Committee in charge of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit Department within which the grievor may present his or her grievance at the next higher level shall be calculated fourteen (14) calendar days from the date on which that step 1 should have been rendered or was rendered. The Council Committee shall investigate the Employer's reply was delivered alleged grievance and attempt to resolve it. The Council Committee shall within twenty-one (21) calendar days from receipt of the grievance, provide a written decision to the address shown on Union either answering the grievance formor setting forth the terms of settlement which shall have been agreed to by all parties.
18.05 A STEP 3 If the grievance still remains unsettled after step 2, within fifteen (15) calendar days, the grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance presented to the employee's immediate supervisor or local officer-in-charge who Mayor and Council for an attempt to resolve the grievance. The Mayor and Council shall forthwith:
have fourteen (a14) forward days to resolve the grievance to the representative satisfaction of all parties.
STEP 4 If the grievance still remains unsettled, the Union may, within fifteen (15) calendar days after reply by the Mayor and Council by written notice, proceed to arbitration. The Arbitrator shall be selected pursuant to the rules of the Employer authorized Public Employment Relations Commission. The arbitrator shall be bound by the provisions of this Agreement and will restrict his/her opinion to deal with grievances the application of facts presented to him/her involving the grievance. The Arbitrator shall in no way have authority to add to, modify, detract from or alter in any way any of the provisions of this Agreement or any amendment or supplement thereto. The costs for the services of an arbitrator shall be born equally by the Borough and the Union. Decisions rendered by the arbitrator shall be final and binding on the parties. The arbitrator shall hold the hearing at a time and place convenient to the appropriate level, and
parties and shall render a decision within thirty (b30) provide days after the employee with a receipt stating close of the date on which hearing. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance was received by him or herat any step in the grievance procedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 8.01 The parties Employer and the Union jointly recognize the value desirability of informally resolving problems prior preventing grievances through the use of good judgment, good communication and clear directives by both parties. If a dispute arises between the Employer and an Employee, an xxxxxxx effort shall be made by the Employee and the immediate supervisor to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:settle
(a) The Union shall present the grievance “in writing”, signed by the grievor, to the grievor’s Director (or designate) within seven (7) calendar days from the time limits prescribed in clause 18.11, gives notice that he or she wishes date the immediate supervisor was unable to take advantage of this clause for resolve the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for exceed the purpose of grievance time limits; or,twenty-one (21) days from the incident prompting the grievance.
(b) following the presentation of Notwithstanding (a) above, a selection grievance and within the time limits prescribed under this Article, gives notice resulting from a position competition shall be submitted “in writing” to the delegated grievance step authority Director (or designate) responsible for the vacancy within seven (7) calendar days of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeselection decision.
(c) No representative The grievance shall set forth, as far as may be applicable, the following:
(i) The nature of the grievance, date of occurrence, if available, and the circumstances out of which the grievance arose.
(ii) The remedy or correction the Employer is required to make.
(iii) Where applicable, the section or sections of the Bargaining Agent shall seek by intimidation, threat Agreement claimed to have been violated or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanisminfringed upon.
(d) When an employee wishes to take advantage of a process outlined under 18.01 The applicable Director (aor designate) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal shall meet with the matter.
18.02 In determining grievor and Union Representative and explain the time grievance decision in writing within which any action twelve (12) calendar days of hearing the grievance. If the grievance is to be taken as prescribed not resolved satisfactorily in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailStep 1, the grievance shall may, within seven (7) calendar days, be deemed referred to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from step.
8.03 Step 2 The grieving party, whether the date on which Union or the Employer's reply was , will present the written grievance to the respective Employer Vice President or the Union Business Representative, or their designates, as the case may be. A decision as to the grievance will be rendered in writing and delivered to the address shown on grieving party within twelve (12) calendar days of hearing the grievance. If the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not resolved satisfactorily in accordance Step 2, the grieving party may within twelve (12) calendar days provide the other party with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes written notice to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward submit the grievance to arbitration in Step 3. Such notice shall include the representative of grieving party’s nominee to the Employer authorized three-member Arbitration Board or a party’s willingness to deal with grievances at submit for a single Arbitrator to hear the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hergrievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for 26.1 For the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions this Agreement, the term “grievance” means any difference or dispute between the employee State and their supervisorsthe Union, it is agreed that the period or between the initial discussion State and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice any employee with respect to the delegated grievance step authority interpretation, application, or violation of his or her intention to take advantage any of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot the Agreement.
26.2 There shall be complied with and it is necessary to present a grievance by mail, the procedure as follows: Step 1.
a) A grievance shall be deemed presented by the aggrieved employee and/or by the Union within ten (10) working days of the employee’s knowledge of the occurrence of such grievance.
b) An aggrieved employee shall discuss the problem with a Union representative and appropriate supervisor outside the bargaining unit, who shall attempt to have been presented on settle the day on which it problem within one (1) working day.
a) If the grievance is postmarked and not resolved according to Step 1 above, it shall be deemed reduced to have been received writing and submitted to the designee of the Director of the Department of Administration by the Employer 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 factual and contractual allegations of the grievance, as well as the relief requested. The aggrieved employee and/or the Union representative shall meet, within fourteen (14) days of the submission of the written grievance, with the Director’s designee who shall conduct a hearing on the day it is date stamped received by grievance. Two (2) Union officers and the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor aggrieved may present his or her the grievance at the next higher level hearing. Such designee shall render a written decision to the Union and to the employee within fourteen (14) days of the hearing. The decision shall respond to the factual and contractual allegations of the grievance.
a) In the event the grievance is not settled in a manner satisfactory to the aggrieved member and/or the Union, then such grievance may be submitted to arbitration in the manner provided herein, within thirty (30) days from the transmittal of the Step 2 decision. Either party to this Agreement shall be calculated from the date on which the Employer's reply was delivered permitted to the address shown on call witnesses as part of the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only procedure. The State, upon request, will produce payroll and other records, as necessary. Members of the fact that it is not Union committee, grievance representative(s), 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 accordance with processing grievance. The Union representative will have the form supplied by right to assist the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance aggrieved at any prescribed level in step of the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herprocedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 6.1 An employee who feels that he has been unjustly treated or that any of the value provisions of informally resolving problems prior to presenting this Agreement have been violated shall institute a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeas follows:
(a1) within He shall discuss the matter with his committeeman.
(2) The grievance shall be reduced to writing giving all available particulars of the event or events out of which the grievance arose, including the time limits prescribed in clause 18.11, gives notice that he or she wishes and date of the happening.
(3) The grievance shall be signed by the griever and his committeeman.
(4) The committeeman shall present the written grievance to take advantage the Department Manager and during any discussion of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion Department Manager and the final response Committeeman, the griever shall not count as elapsed time for be entitled to be in attendance.
6.2 It is understood that grievances must be presented to the purpose Department Manager within four (4) working days of the occurrence of the event which gave rise to the grievance time limits; or,
(b) following except in the presentation case of a grievance and regarding wages or seniority which shall have a time limit of thirty (30) days from receipt of pay or the posting of a seniority list.
6.3 The Department Manager shall give his decision in writing within four (4) working days after receiving the written grievance. If the decision of the Department Manager is not satisfactory to the Union, the Local Chairman shall within five (5) working days refer the matter in writing to the General Manager, or his nominee, who shall render a decision, in writing within four (4) working days.
6.4 Should a meeting be held with the General Manager, a National Representative of the Union may be present upon the request of either party. The time of such a meeting shall be determined by mutual agreement.
6.5 If the decision of the General Manager, or his nominee, is not satisfactory to the Union, the matter may be referred to arbitration as provided in Article 7.
6.6 The time limits prescribed under as provided for in this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement agreement.
6.7 Any complaint or grievance including policy arising directly between the Employer and the employee andUnion shall be originated by written notice within four (4) working days of the subject occurrence, where appropriateif it is a single occurrence. If the reply, to be in writing within five (5) days, is not satisfactory, a meeting at a time and place to be mutually satisfactory, the Alliance representativetime not to exceed five (5) days, may be requested by the party grieving, and the other party shall co-operate in arranging such a meeting, to be between the Union and the General Manager. Failing agreement at such a meeting either party may cause the matter to be referred to arbitration as set out in Article 7. However, it is expressly understood and agreed that the provisions of this paragraph may not be used to institute a complaint or grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not thus be by-passed.
(c) No representative of the Employer 6.8 Any employee who has been suspended or the Bargaining Agent shall seek by intimidationdischarged shall, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her if he so request, be represented permitted to have an interview with his Committeeman in an office designated by the Alliance at any meeting or mediation session held Employer before he is required to deal with leave the matterpremises.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays 6.9 Grievances involving discipline or discharge shall be excludedpresented to the employer within twenty-seven (27) working hours of such discipline or discharge. The General Manager, or his nominee, will consider such grievance, and render a decision within two (2) working days after its receipt.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between 6.10 If the Employer and decision of the employee andGeneral Manager, where appropriateor his nominee, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 canis not be complied with and it is necessary to present a grievance by mailsatisfactory, the grievance shall may be deemed referred to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formarbitration as herein provided.
18.05 A 6.11 Such special grievance shall not may be deemed to be invalid disposed of by reason only of confirming the fact that it is not decision in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to disciplining or discharging the employee's immediate supervisor , or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide by reinstating the employee with a receipt stating full seniority and compensation for time lost, or by any other arrangement which is just and equitable in the date on which opinion of the grievance was received by him conferring parties or herthe Arbitration Board.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within Should a dispute arise between the time limits prescribed in clause 18.11Employer and any employee(s) or the Union regarding the interpretation, gives notice intent or application of this agreement, an xxxxxxx effort will be made to resolve the dispute without any work stoppage.
Step 1: The aggrieved employee should discuss the complaint with that he employee’s immediate supervisor, with or she without a representative of the Union present
Step 2: Failing satisfactory settlement under Step 1, an employee who wishes to take advantage file a grievance must, within thirty (30) calendar days of this clause for the date when the employee became aware of the circumstances of the dispute, provide the Union with a written statement of the particulars and redress sought. If the Union elects to file the grievance with the District, they must do so in writing within fourteen (14) calendar days of the expiration of the above period. Grievances shall be submitted to the Superintendent of Schools, with a copy to Human Resources – Labour Relations. The grievance shall outline the particulars of the complaint and the redress sought.
Step 3: Failing satisfactory settlement at Step 2, the Union may request that the grievance be reviewed by the Superintendent of Schools. Such requests must be submitted to the Superintended of Schools within fourteen (14) calendar days of receiving the Step 2 response. The Superintendent of Schools, or a Designate (such as an Assistant Superintendent or Executive Director), shall issue a formal response within twenty-one (21) calendar days of receiving the request.
Step 4: After receiving the decision of the Superintendent of Schools or Designate, under Step 3 above, and failing satisfactory settlement, within fourteen (14) calendar
(i) The purpose of informally resolving the mediator is to investigate and define the issues in dispute and facilitate a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,resolution.
(bii) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may The Mediator shall be extended appointed by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeparties.
(ciii) No representative The purpose of the Employer mediator's involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the Bargaining Agent purpose of trying to achieve a settlement is to be considered privileged. During the proceedings, the parties shall seek by intimidation, threat or any other means fully disclose all materials and information relevant to compel an employee to either participate or not participate the issue(s) in an alternate dispute resolution mechanismdispute.
(div) When an employee wishes to take advantage The expenses of a process outlined under 18.01 the Mediator shall be equally borne by both parties.
(av) or 18.01 The grievance may be resolved by mutual agreement between the parties. Within fourteen (b14) above that pertains to calendar days of first meeting the application of a provision parties, having considered the issue(s) in dispute and the terms of the collective agreement, the employee Mediator shall issue a report including non-binding recommendations.
Step 5: Failing satisfactory settlement under Step 2, Step 3 and/or Step 4, either party may, at his within fourteen (14) calendar days following the response of the District and/or the Mediator, request in writing the establishment of an Arbitration Board to resolve the dispute as provided in the Labour Relations Code.
(b) The Union, through its representatives, shall have the right to originate a complaint for an employee or her request, be represented by the Alliance at any meeting or mediation session held to deal group of employees and seek redress of such complaint with the matterEmployer in the manner provided in the grievance procedure.
18.02 In determining (c) The Employer shall have the right to originate its own grievance and seek redress of such complaint with the Union. The Superintendent of Schools will submit a written statement of the particulars of the complaint and proposed redress to the Union executive. The Superintendent of Schools, or a Designate, and the Union Executive shall meet within twenty-one (21) calendar days in an attempt to arrive at a satisfactory settlement of such complaint. The Union shall have fourteen (14) calendar days following such meeting within which to provide a written decision to the Superintendent of Schools. Failing satisfactory settlement, the Superintendent of Schools may, within fourteen (14) calendar days, request the establishment of an Arbitration Board to resolve the dispute as provided in the Labour Relations Code.
(d) Nothing in this article shall prevent the parties from mutually agreeing, in writing, to extend the time within which any action is to be taken as prescribed limitations contained in this Articlethe grievance procedure; however, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The the time limits stipulated in this Article may be extended by are mandatory failing mutual agreement between to extend them. If the Employer and respondent fails to comply with the employee and, where appropriatetime limits, the Alliance representative.
18.04 Where grievance will automatically move to the provisions next step on the day following the expiry of clauses 18.06, 18.23 or 18.37 cannot be complied the particular time limit. If the grievor fails to comply with and it is necessary to present a grievance by mailthe time limits, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance forman end.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01
3.1 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage purpose of this clause Article is to establish a procedure for the purpose settlement of informally resolving a problem without recourse to a formal grievance grievances which involve the interpretation and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a specific provision of this Agreement, including a grievance protesting the collective agreement, the employee may, at his discharge or her request, other discipline of an employee. All such grievances shall be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken handled as prescribed provided in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 Step 1. A local union officer or 18.37 cannot be complied with and it is necessary to representative shall present a grievance by mail, the grievance shall be deemed in writing to have been presented on the day on which it is postmarked and it shall be deemed to have been received by immediate supervisor, for Cafeteria Employees the Employer on the day it is date stamped received by the appropriate office of the department Food Service Director, within five (5) working days or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on ten (10) days during school summer vacation after the date on which the letter containing circumstances giving rise to the reply is postmarked, but grievance first became known to the time limit aggrieved employee.
Step 2. If the grievance has not been settled in Step 1 the Local Union Officer or Representative shall present the grievance in writing to the Building Principal of the aggrieved employee within which the grievor may present his five (5) working days or her ten (10) days during school summer vacation after its submission under Step 1. The grievance at the next higher level shall be calculated from signed by the date on which Local Union Officer or Representative and the Employer's reply was delivered aggrieved employee and shall specify the provision or provisions of this Agreement alleged to have been violated. At the request of either party, the aggrieved employee shall be present at this Step. The Building Principal shall attempt to adjust the matter and shall give his/her answer in writing within three (3) working days.
Step 3. If the grievance has not been settled in Step 2, it may be presented in writing by the the Local Union Officer or Representative to the address shown Superintendent or his/her designated representative within five (5) working days.
Step 4. If the grievance has not been settled in Step 3, it may be presented in writing by the Local Union Officer or Representative to the School Committee (by written notice to the Chairman) within ten (10) working days after the answer of the Superintendent or his/her designated representative is due. The School Committee shall hold a hearing on the grievance form.
18.05 A grievance and shall not be deemed afford the Union an opportunity to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes offer evidence, to examine and cross-examine witnesses, and to present a grievance at any prescribed level arguments orally and in writing. Within twenty (20) calendar days after the grievance procedure completion of evidence and argument, the School Committee shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herrender its decision in writing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Collective Agreement, including any question as to whether a matter is arbitrable, will be dealt with in the following manner:
STEP 1 An aggrieved member, accompanied and represented by an Organization Executive Board Member, may present his/her grievance in writing to his/her next level supervisor, or designate, and the grievance shall be discussed with a view to reaching a settlement. The next level supervisor shall render a written decision within five working days of the discussion. Any settlement of the grievance reached at this Step will be considered applicable to the case in question only and will not establish a precedent for future cases.
STEP 2 Failing satisfactory settlement at Step 1, the Organization may, within 20 working days, submit the grievance to the Manager of Labour Relations and the Chief of Police, or designate, for further discussion with a view to reaching a settlement. To facilitate settlement, a meeting shall be held at which the Board may be represented by such persons as the Board deems necessary and at which the Organization may be represented by such persons as the Organization deems necessary. The Manager of Labour Relations and the Chief of Police, or designate, will render a written decision within seven working days of the Step 2 meeting.
18.02 Either party to this Collective Agreement may lodge a grievance in writing with the other party on any difference between the parties recognize concerning an interpretation, application or administration of the value Collective Agreement, including any question as to whether a matter is arbitrable and such grievance shall commence at Step 2.
18.03 A grievance is to be commenced within 25 working days of informally resolving problems prior the incident which gave rise to presenting the grievance, unless the grievor, Organization or Board is unaware that grounds exist for a formal grievance, in which case, the grievance is to be commenced within 25 working days of the time at which the grievor, Organization or using alternative dispute resolution mechanisms to resolve grievances Board became aware that are presented in accordance with this Article. Accordingly, when an employee:grounds for a grievance existed.
(a) Failing satisfactory settlement at Step 2, either party, within 10 working days, may refer the time limits prescribed in clause 18.11, gives notice that he or she wishes grievance to take advantage conciliation pursuant to the provisions of this clause for s.123 of the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,Police Services Act.
(b) Failing satisfactory settlement at conciliation, either party, within 90 calendar days following the presentation date of a the letter from the Solicitor General under s.123(4) of the Police Services Act, may refer the grievance and within to arbitration under s.124 of the time limits prescribed under Act.
18.05 For the purposes of this Article, gives notice “working days" shall mean Monday to Friday, exclusive of statutory holidays falling on or designated to be taken on any one of the days from Monday to Friday, inclusive.
18.06 An arbitrator may extend the time for the taking of any step in the grievance procedure under a collective agreement, notwithstanding the expiration of such time, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.
(a) Except for charges, complaints or other actions taken in respect of a member under the Police Services Act or any other legislation or regulation, a member shall be notified of any disciplinary action taken against the member by way of documentation (currently a TPS 930) and has the right to respond thereto in writing within 10 working days.
(b) If the issuance of a derogatory TPS 930 is being considered and the member is requested to respond to the delegated grievance step authority of his Chief, or her intention to take advantage of alternative dispute resolution mechanismsdesignate, the time limits stipulated in this Article may be extended by mutual agreement between member shall have the Employer opportunity to have an Organization representative present at such a meeting. Representatives of the Board and the employee and, where appropriate, Organization shall arrange for such meetings with the Alliance representativeminimum disruption of police duties.
(c) No representative A copy of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains Personnel Documentation Form TPS 930 will be given to the application of a provision of member when the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action documentation is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee made and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by provisions on the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level form, derogatory reports will be purged after two years, unless further derogatory reports are received, in which case the report will stay in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herfile until two full years have passed without further derogatory reports.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 7.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that this Agreement are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is of the utmost importance to adjust complaints and grievances as quickly as possible.
7.02 Grievances shall be adjusted and settled as follows: Step No. 1 The aggrieved employee shall present his/her grievance orally in writing to his/her xxxxxxx within ten (10) days of incident or facts giving rise to the grievance. The employee shall have the assistance if he/she so desires. If a satisfactory settlement is not in accordance reached within 48 hours (or any longer period which may be mutually agreed upon) the grievance may be presented as follows: The aggrieved employee shall with the his/her xxxxxxx, present his/her grievance (which shall be reduced to writing on a form supplied by the Employer. Individual Grievances
18.06 An employee Union and approved by the Company) to the Plant Superintendent, who wishes to present a grievance at any prescribed level shall consider it in the presence of the aggrieved employee with his/her xxxxxxx and his/her xxxxxxx, and render his/her decision in writing. The aggrieved employee shall submit his/her grievance procedure shall transmit this grievance in writing to the employee's immediate supervisor Union Grievance Committee. The Union Grievance Committee shall meet as promptly as possible with the manager to consider the grievance and they may be accompanied by a representative of the International organization if his/her presence is requested by either party. If final settlement of the grievance is not completed within seven (7) working days after deliberations have commenced, and if the grievance is a matter, which concerns the interpretation or local officer-in-charge who shall forthwith:
(a) forward alleged violation of this Agreement, the grievance may then be referred to Step No. 4 below. If no alternative is reached at Step No. 3, the grievance will be referred to the Ontario District Council Representative and the Employer Labour Relations Representative for discussion. If no satisfactory settlement can be reached by the parties, either party may refer the grievance to the representative Arbitration as provided for in Article 8 below, within 30 days of the Employer authorized grievance being referred to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herStep No. 4.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The 7.01 It is the mutual desire of the parties recognize hereto that complaints and grievances of the value CNIB or of informally resolving problems prior employees will be adjusted as quickly as possible, and it is understood that an employee has no grievance unless the complaint or grievance has been discussed with the employee's immediate supervisor.
7.02 Failing settlement of the complaint or grievance in a verbal discussion, the employee may submit a written grievance to presenting a formal the department head (registered blind grievors may submit the grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this ArticleBraille) and, at the employee's option, may be accompanied by the xxxxxxx. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage Such written statement of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between must be signed by the employee and their supervisorsmust be submitted within five (5) working days of the occurrence of the event which gave rise to the grievance. The department head shall answer the grievance in writing within five (5) working days.
7.03 Failing settlement of the grievance as set out in Section 7.02, it is the employee, or the Union on the employee's behalf, may present the written grievance to the Director, Human Resources of CNIB within five (5) working days of receiving the Department Head's answer. The Director, Human Resources of CNIB will convene a meeting for the parties to consider the grievance, and the parties may be represented by outside representatives or by other members of management if required. A Union staff representative may be present at all such meetings if requested by either party. The parties agree that no more than two (2) Union stewards together with a Union staff representative and the grievor shall be present at such meetings, unless agreed otherwise.
7.04 Mediation — Prior to proceeding to Arbitration, the parties may mutually agree to take the matter in dispute to mediation. The mediation process and any settlement reached shall be without prejudice to either party. The parties agree that legal counsel shall not be used in mediation and that the period between cost of the initial discussion and mediator will be shared. If no settlement is reached at mediation, then either party may forward the final response shall not count matter in dispute to Arbitration as elapsed time for provided in Article 10.
7.05 Failing satisfactory settlement of the purpose of grievance time limits; or,
(b) grievances at or following the presentation meeting, either party may refer the matter to arbitration within ten (10) working days of a grievance and the date of the meeting as set out above, or within ten (10) working days of the time limits prescribed under this Article, gives notice reply to the delegated grievance step authority which shall be made not more than five (5) working days following the meeting, or within ten (10) working days following completion of his or her intention to take advantage of alternative dispute resolution mechanismsmediation.
7.06 Time limits in Article 7, the time limits stipulated in this Article 8, 9 and 10 may be extended or waived by mutual agreement between the Employer and the employee andwritten agreement. Working days, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, exclude Saturdays, Sundays and designated paid holidays shall be excludedholidays.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 28.01 All disputes or controversies arising as to the value meaning or interpretation of informally resolving problems prior any provision of this Agreement and all matters relating to presenting a formal grievance violation of this Agreement shall be commenced within forty-five (45) days of occurrence of knowledge of said dispute or using alternative violation. This dispute resolution mechanisms to resolve grievances that are presented or violation shall be disposed of in accordance with this Article. Accordingly, when an employeethe following procedure:
(aA) Any such grievance shall be first adjusted between the grieved Employee and the Employee’s immediate superior and, if not settled within twenty-four (24) working hours;
(B) Between the grieved Employee and the Employee’s superintendent and, if not settled within twenty- four (24) working hours;
(C) Between a representative of the Union and the Employer and, if not settled within seven (7) days; If the grievance is for delinquencies, only then the delinquent contractor shall pay all costs for the arbitrators expenses.
(D) It shall be submitted in writing to a Labour Management Committee formed of three (3) members representing the Canadian Automatic Sprinkler Association and three (3) members representing the Local Union, comprised of at least one journeyman of the Union and, if not settled within seven (7) day; (If settlement is reached by the Labour Management Committee described above, such settlement shall be final and binding on all parties and may not be taken to an Impartial Arbitrator as provided in step (E).
(E) The grievance shall be submitted to an Impartial Arbitrator selected by the Canadian Automatic Sprinkler Association and the Local Union within seven (7) days;
(F) If the Canadian Automatic Sprinkler Association and the Local Union fail to agree on the selection of an impartial arbitrator, the Minister of Labour of the province where the grievance occurred shall recommend the appointment of the Impartial Arbitrator.
28.02 A grievance not initiated or taken to the next step within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated specified in this Article Agreement is deemed to be dropped. Time limits may be extended by mutual agreement between of the Employer and the employee and, where appropriate, the Alliance representativeLocal Union having jurisdiction.
(c) No representative of the Employer 28.03 The decision or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays arbitrator shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit given within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The A. Any grievance or dispute which may arise between the parties recognize involving the value application, meaning or interpretation of informally resolving problems prior to this Agreement shall be settled in the following manner:
B. In presenting a formal grievance, the following successive steps must be followed until the grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeis settled:
(a) within Step 1. Any Employee having a grievance, or one designated member of a group having a grievance after first having notified the time limits prescribed in clause 18.11Xxxxxxx/Supervisor of his/her grievance, gives notice may at his/her option discuss the matter directly with his/her Xxxxxxx/Supervisor or request that he or she wishes to take advantage of this clause his/her Xxxxxxx be called for the purpose of informally resolving a problem without recourse attempting to a formal adjust the grievance.
Step 2. In the event the grievance and facilitating discussions between is not settled orally by the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismsXxxxxxx/Supervisor, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays Xxxxxxx shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer notified without undue delay and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented put in writing on the day on which it is postmarked and it shall be deemed to have been received forms supplied by the Employer on and submitted to the day it is date stamped received Director of the Unit involved or his/her designated representative. The grievance shall be signed by the appropriate office aggrieved Employee or, in the case of a group grievance, by the Xxxxxxx and by the aggrieved Employee representing the group, and shall set forth the date(s) of the department or agency concerned. Similarlyalleged infraction, the Employer nature of the grievance, adjustment sought and facts necessary to support the grievance. A group grievance shall state the specific group which is aggrieved. Each party’s representative shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarkedresponsible for making certain that all relevant facts and contentions, but the time limit within which the grievor may present his or her grievance that are available at the next higher level time, have been developed and considered by Step 2. The Director or his/her designated representative shall be calculated from the date give his/her written disposition on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative Xxxxxxx within five (5) working days.
Step 3. If the grievance is not resolved at Step 2, it shall be presented by the Union to Department of Labor Relations or its designee within five (5) working days of the receipt of the appeal. Representative of the University not to exceed three (3) in number, shall meet with the Union's representatives, not to exceed three (3) in number. A written disposition of the hearing shall be submitted to the Union within five (5) working days following the meeting. Additional persons may be present by mutual agreement.
Step 4. If the grievance has not been resolved in the foregoing steps and the Union desires to carry it further, the matter may thereupon be referred to a Pre-arbitration Hearing by appealing the grievance within five (5) working days of the answer given at Step 3. The Pre-arbitration Hearing shall be held within ten (10) working days after the appeal or as mutually agreed. The Pre-arbitration Committee shall consist of two (2) representatives selected by the Employer authorized and two (2) representatives selected by the Union. To expedite the procedure, the Step 4 (Pre- Arbitration Hearing) may be bypassed if the Union and the Employer have nothing further (evidence, defenses, etc.) to deal add to the record after the Employer’s Step 3 written disposition has been provided. If there is no resolution within twenty (20) calendar days of the Step 4 meeting, or if the employer and the Union elect to bypass Step 4 , then, if agreed to by both parties, as an alternative method of resolving disputes the parties may proceed to external mediation through the Michigan Employment Relations Commission, prior to arbitration. Mediation As an alternative method of resolving disputes, the parties may, by mutual agreement, proceed to external mediation through the Michigan Employment Relations Commission, within 30 days of receiving the Step 3 decision, if no Step 4 was held, or within 30 days of receiving the step 4 decision, if a step 4 meeting is held. The Mediator shall be chosen by mutual agreement: Recommendations or decisions submitted by the Mediator are non-binding·. At the conclusion of mediation. but within 20 days of the recommendation or decision reached by the mediator, either party may file-for arbitration. In the absence of a step 4 meeting or external mediation, the Union may request arbitration within 40 calendar days of the Step 3 meeting by filing a written notice with grievances at the appropriate level, and
(b) provide the employee American Arbitration Association with a receipt stating copy of the date on which request to the grievance was received by him or herUniversity.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 Section 1. The term Grievance shall mean a dispute between the parties recognize as it relates to the value terms of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented this agreement. A Grievance shall be handled in accordance with this Article. Accordingly, when an employeethe following manner:
(a) The grievance must be brought to the attention of the Chief within the time limits prescribed five days of its alleged occurrence. This may be done either orally or in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,written form. Written grievances would be preferred.
(b) following The Chief or the presentation individual in command in the absence of a grievance and within the time limits prescribed under this Article, gives notice Chief due to vacation or illness shall have five days in which to answer the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativegrievance.
(c) No representative of The aggrieved Party may appeal the Employer or decision in Step (b) to the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate Mayor's designee for the City. This must be done in an alternate dispute resolution mechanismwriting within five days after the Chief has given his response.
(d) When an employee wishes The Mayor's designee will have seven days in which to take advantage of a process outlined under 18.01 answer the grievance.
(ae) or 18.01 If the grievance has not been resolved after Step (b) above that pertains to the application of a provision of the collective agreementd), the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time Union may within which any action is to be taken five days request binding arbitration as prescribed in this Article, Saturdays, Sundays and designated paid holidays the Iowa Public Employment Relations Act. Arbitration costs shall be excludedshared equally by the parties. The City and the Union, by mutual agreement, may request mediation to help bring resolution to the grievance. If mediation is agreed upon, the City and the Union shall attempt to agree upon a mediator. If the parties cannot agree upon a mediator, they shall request that PERB appoint a mediator. If the issue(s) are not resolved to both parties satisfaction in mediation the Union shall request binding arbitration within fourteen calendar days after the mediation session.
18.03 (f) The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level specified in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:exclude Saturdays and Sundays and observed holidays.
(ag) forward Each party may ask for an extension of not more than 60 days, after the neutral has been selected. The time limits hereinabove are to be strictly construed and each party will make every effort to settle the grievance to the representative equitably at each step. Members of the Employer authorized Grievance Committee may meet with the representatives of the City for the purpose of resolving said grievance during duty hours. A reasonable amount of time will be allowed for investigation and preparation of grievances consistent with the public safety. Grievances relating to deal original entrance, seniority, promotion, removal, demotion or suspension or other matters accepted under the jurisdiction of the Civil Service Commission shall be handled in accordance with grievances at Chapter 400 of the appropriate level, and
(b) provide the employee with a receipt stating the date on which Code of Iowa only and shall not proceed under the grievance was received by him or herprocedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize A. A grievance is a complaint by a bargaining unit Employee, or by the value Union on its own behalf, concerning (1) any alleged violation of informally resolving problems prior to this Agreement; or (2) any disciplinary action involving a non-probationary employee.
B. All grievances shall be handled by the following procedures: Any Employee who feels his/her rights and privileges have been violated shall have the right of Union representation in presenting a formal his/her grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeethe following order:
STEP 1 To the Director of Maintenance where the Employee will receive an answer in writing within three (a3) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage working days.
STEP 2 Within ten (10) working days after delivery of this clause for the purpose Director of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice Maintenance's decision to the delegated grievance step authority of his Superintendent, or his/her intention to take advantage of alternative dispute resolution mechanismsdesignee, the time limits stipulated answer shall be given in writing within ten (10) working days. At this Article may be extended by mutual agreement between the Employer and the employee and, where appropriatestep, the Alliance representativeSuperintendent, or his/her designee, shall give an opportunity to be heard to the aggrieved Employee and/or the Union.
(c) No representative STEP 3 The Employee may appeal the decision of the Employer Superintendent, or the Bargaining Agent shall seek by intimidationhis/her designee, threat or any other means to compel an employee to either participate or not participate as provided in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) STEP 2 above that pertains to the application Board of a provision Education within ten (10) working days. Within twenty (20) working days after delivery of the collective agreementappeal, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is Board shall give an opportunity to be taken as prescribed heard to the aggrieved Employee and/or the Union. The Board shall deliver its decision in this Articlewriting within ten (10) working days after the hearing, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between to the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 person or 18.37 cannot be complied with and it is necessary to present a grievance by mail, persons who presented the grievance shall be deemed to have been presented on the day on which it is postmarked at STEP 3 and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which Union if the grievance was received presented at STEP 3 by him the Employee alone.
STEP 4 If the Union is not satisfied with the disposition of the grievance by the Board, or her.if no disposition has been made within the period above provided, the Union shall have twenty (20) working days to notify the Board in writing that arbitration will be pursued. The parties shall have ten (10) working days from the notification date that arbitration will be pursued to attempt to agree upon an arbitrator. If the parties cannot agree upon an arbitrator during that ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 5.01 Should a dispute arise regarding the application, operation, interpretation or alleged violation of this Agreement, an xxxxxxx effort shall be made to settle the dispute in the following manner:
5.02 In the event of a grievance, the Driver concerned and the Circulation Manager (or designate) shall within three (3) working days of the cause of the dispute seek to settle the dispute. At the request of either party the shop xxxxxxx shall attend the grievance meeting.
5.03 The parties recognize Driver concerned and the value Circulation Manager (or designate) shall meet within three (3) working days of informally resolving problems prior the meeting being requested or as soon thereafter as is reasonable. The party against whom the grievance has been launched must reply in writing within a further three (3) working days after the meeting.
5.04 If within that time no agreement has been reached the matter may be submitted to presenting a formal the grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented committee in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06this article.
5.05 Any grievance must be presented to the grievance committee in writing, 18.23 within fifteen (15) working days of the cause of the complaint, setting forth the grounds for the complaint and the provision(s) of the Collective Agreement which are alleged to have been violated, together with the remedy sought.
5.06 A grievance committee shall be maintained, to consist of two representatives of the Company and two representatives of the Union. Such grievance committee shall meet within five (5) working days after any question or 18.37 difference has been referred to it, and shall render a decision within ten (10) working days and such decision shall be binding upon both parties.
5.07 If the grievance committee cannot reach an agreement on the question or difference referred to it, at the request of either party hereto, the matter shall be complied with and it referred to an arbitrator. Should the parties be unable to agree upon an arbitrator, either party may request the appointment of an arbitrator by the Labour Relations Board.
5.08 The decision of the arbitrator shall be binding upon both parties.
5.09 The cost of the arbitrator shall be borne equally by both parties.
5.10 If no written request for arbitration is necessary to present a received within ten (10) working days after the decision of the grievance by mailcommittee is given, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formsettled.
18.05 A grievance shall not 5.11 Time limits set out above are mandatory but may be deemed to be invalid extended by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hermutual agreement.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize Section 1. A grievance is defined as a dispute regarding the value interpretation of informally resolving problems prior jurisdiction and application of the provisions of this Site Jurisdictional Procedural Agreement filed by a UNION or EMPLOYER covered by this AGREEMENT. Disputes specifically related to presenting a formal grievance the application and interpretation of the respective local or using alternative dispute resolution mechanisms to resolve grievances that are presented International Union Agreements shall be processed under the respective Agreement. All jurisdictional disputes between competing crafts employed on this SITE shall be processed in accordance with Sections 1, 3 and 3 of Article III.
Section 2. The COORDINATOR and the Idaho Building and Construction Trades Council (hereinafter referred to as COUNCIL) shall attempt to achieve compliance with this ArticleAGREEMENT by both UNIONS and EMPLOYERS who are parties hereto. AccordinglyIn this regard, the
Section 3. Grievances relating to the acts or failure to act of any particular Party shall be filed against that Party. There shall be no actual or threatened work stoppage, work interruption, slowdown, featherbedding, sitdown, strike, picketing, handbilling, or public notices of any kind during the entire term of the grievance proceedings.
Section 4. Any EMPLOYER or UNION whose act or failure to act gave rise to any monetary damage or penalty shall be solely responsible therefor, and not the COORDINATOR, COUNCIL or OWNER.
Section 5. Other UNIONS or EMPLOYERS may also be joined as parties to any grievances when an employeethat UNION or EMPLOYER is directly affected by the outcome of the grievance, or participated in the events giving rise to the grievance, and shall be bound by any decision.
Section 6. All grievances shall be handled in the following manner:
(a) within Step 1. A grievance may be filed no later than five (5) working days after the time limits prescribed in clause 18.11, gives notice that he or she wishes act alleged to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of constitute a grievance and within is first discovered. The grievance must be presented by the time limits prescribed under this Article, gives notice UNION or EMPLOYER to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the proper Employer or Union representative involved, as the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or case may be. If the grievance is not participate in an alternate dispute resolution mechanism.
resolved within five (d5) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailworking days, the grievance shall be deemed reduced to have writing, citing the Article and paragraph of this AGREEMENT which has been presented on allegedly violated. Such written notice shall identify and describe the day on which it is postmarked grievance. It shall contain the name of the Grievant (the UNION or the EMPLOYER), a description of the act, failure to act or incident alleged to constitute the breach; and it a statement o the relief or remedy sought. The Grievance Procedure Form, attached hereto, shall be deemed used to have been received by the Employer initiate all jurisdictional grievances on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formthis SITE.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which Step 2. If the grievance was received is not settled at Step 1, the written grievance may, no later than five (5) working days after the time limitation set forth above for Step 1, be referred by him the grievant UNION or herEMPLOYER involved to the COORDINATOR, for discussion and resolution by the COORDINATOR, if possible. This Shall be referred to as Step 2 of the Grievance Procedure.
Appears in 1 contract
Samples: Site Construction Jurisdictional Procedural Agreement
GRIEVANCE PROCEDURE. 18.01 17.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement.
17.2 The parties Employer will recognize representatives designated by the value Organization as the grievance representatives of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with the bargaining unit having the duties and responsibilities established by this Article. AccordinglyThe Organization shall notify the Employer in writing of the names of such Organization Representatives and of their successors when designated. The Employer shall notify the Organization in writing as to its designated representatives.
17.3 It is recognized and accepted by the Organization and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employee duties and responsibilities. The aggrieved employee and an Organization representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice provided that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisorsthe Organization Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work program of the Employer. It is understood that the Employer shall not use the above limitation to hamper the processing of grievances.
17.4 Grievances, as defined by 17.1, shall be resolved in conformance with the following procedure:
Step 1. When a violation concerning the interpretation or application of this Agreement is alleged, the Union shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employer’s Step 1 designee. The grievance shall be in writing and set forth the nature of the grievance, the facts on which it is agreed that based, the period between provision or provisions of the initial discussion Agreement allegedly violated, and the remedy requested. The Employer-designated representative will discuss and give a written answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 shall be appealed to Step 2 by the Organization within fifteen (15) calendar days after the Employer-designated representative’s final response shall answer in Step 1. Any grievance not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice appealed in writing to the delegated grievance step authority Employer’s Step 2 designee by the Organization within fifteen (15) calendar days shall be considered waived. If practical, an aggrieved employee and the Organization are encouraged, but not required, to seek resolution of his or her intention to take advantage of alternative the dispute resolution mechanismsdirectly with the employee’s supervisor before initiating a written grievance. However, the time limits stipulated in this Article may be extended by mutual absent a written agreement between the Employer Union and the employee andEmployer’s Step 1 designee, where appropriate, such preliminary resolution efforts shall not extend the Alliance representativetimelines of this Section 17.4.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailStep 2. If appealed, the grievance shall be deemed discussed between the Organization and the Employer-designated Step 2 representative. The Employer-designated representative shall give the Organization the Employer’s Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to have been presented on the day on which it is postmarked and it Employer’s Step 3 designee by the Organization within ten (10) calendar days shall be deemed to have been received considered waived.
Step 3. If appealed, the written grievance shall be presented by the Employer on Organization and discussed with the day it is date stamped received Employer-designated Step 3 representative. The Employer-designated representative shall give the Organization the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative’s final answer in Step 3. Any grievance not appealed in writing to the Employer’s Step 4 designee by the appropriate office of the department or agency concerned. Similarly, the Employer Organization within ten (10) calendar days shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formconsidered waived.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 4.01. A grievance is defined as a difference or dispute arising between the value City and any member of informally resolving problems prior to presenting a formal grievance the bargaining unit or using alternative dispute resolution mechanisms to resolve the Union regarding the interpretation or application of any provision of this Agreement or any working conditions, fringe benefits which are provided for by any statute, charter provision, ordinance, rule, regulation or written City or Department policy which is not in conflict with this Agreement. All such grievances that are presented may arise will be handled in accordance with the manner agreed to in this ArticleARTICLE. Accordingly, when an employee:No grievance shall be instituted or entertained by the parties concerning questions regarding general wage rates or rates of pay or the categorization of any Employee or group of Employees on the classification schedule or salary schedule set forth herein.
4.02. An Employee who has a grievance shall reduce it to writing and submit it to the Chief or his designee within fifteen (a15) within calendar days after the time limits prescribed in clause 18.11, gives notice that he or she wishes first occurrence of the event-giving rise to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,grievance.
(b) following the presentation of 4.03. An Employee may present a grievance and within have such grievance heard without intervention by the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No exclusive representative of the Employer or organization representing such Employee provided that the Bargaining Agent exclusive representative is afforded the opportunity to be present and that any adjustment made shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismbe inconsistent with the terms of this Agreement.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision 4.04. At any step of the collective agreementgrievance or in arbitration, the employee Union may, at his or her requestthe request of the Employee, become a party to and participate in the proceedings and, upon the Union becoming a party, any resolution shall be represented by binding on all members of the Alliance at any meeting or mediation session held to deal with the matterbargaining unit.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays 4.05. Step 1. The complaint shall be excluded.
18.03 reduced to writing and presented to the Chief (or his/hers designee) within fifteen (15) calendar days of its occurrence. The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed set forth the nature of the grievance, specify the section(s) of the Agreement alleged to have been presented on the day on which it violated, what relief is postmarked sought, and it shall be deemed to have been received signed by a Union official and/or by the Employer on Employee initiating the day it is date stamped received by grievance. A conference between the appropriate office of the department or agency concerned. Similarly, the Employer parties shall be deemed to have delivered a reply at any level on held within fourteen (14) calendar days following the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the formal grievance was received by him presented. The Chief (or herhis/hers designee) shall render a decision in writing within fourteen (14) calendar days following the conference.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The 5.01 There shall be an xxxxxxx effort on the part of both parties recognize to this Agreement to settle promptly through the value procedure set out herein, any complaints, grievances, or disputes arising from the interpretation, application or administration of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeeAgreement.
5.02 Grievances properly arising under this Agreement shall be adjusted and settled as follows:
(a) within the time limits prescribed in clause 18.11, gives notice that he or Any person who feels he/she wishes to take advantage has a complaint arising out of this clause Agreement shall discuss such matter with his/her immediate supervisor for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,explanation or correction.
(b) following Within ten (10) days after the presentation of a grievance and within the time limits prescribed under this Article, gives notice circumstances giving rise to the delegated grievance step authority occurred or became known or reasonably ought to have become known (except in the case of his or her intention discharge grievances which shall be presented to take advantage the Employer in writing within five (5) days of alternative dispute resolution mechanismsthe discharge), the time limits stipulated in parties shall meet and endeavour to settle the grievance. If a satisfactory settlement is not reached within five (5) working days from this Article meeting, then the grievance may be extended by mutual agreement between submitted to a committee consisting of two (2) members of the Employer Union and the employee and, where appropriate, the Alliance representative.
two (c2) No representative members of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action five (5) days to resolve such grievance. In the event that a satisfactory settlement is to be taken as prescribed in not reached through this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailprocess, the grievance shall may be deemed submitted to arbitration as provided for in Article 7, within ten (10) days of such meeting but not later. Grievances dealing with alleged violation of payment for vacation and statutory holiday pay, pension, welfare contributions and dues, may be brought forward within three (3) months of when the Union became aware, or ought to have been presented on become aware of such alleged violations. It is further understood that grievances arising out of alleged violations of rates of pay related to the day on which it is postmarked transferring of employees from an economic region with a higher hourly rate of pay and/or benefits to another economic region with a lower hourly rate of pay and/or benefits, and it shall grievances arising out of rates of pay related to classification assignments must be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarkedfiled within ten (10) working days, but not later, after the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered circumstances giving rise to the address shown on the grievance formoccurred or originated.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Provincial Civil Agreement
GRIEVANCE PROCEDURE. 18.01 Section 1. Any controversy between Metro Government and the Lodge concerning the meaning and application of any provisions of this Agreement shall be adjusted in the manner set out below. Both parties agree that disciplinary matters are not subject to the grievance procedure contained in this Agreement. All disciplinary matters shall be appealed pursuant to state statute and the rules and regulations of the Louisville Police Merit Board. The Lodge or any Member may file a grievance and shall be afforded the full protection of this Agreement and the right to legal counsel.
Section 2. A Member filing a grievance shall be allowed Lodge representation consisting of one (1) person on the Lodge committee and/or legal counsel at all grievance meetings. The following rules for the presentation and solution of grievances or requests are prescribed:
Step 1. The grievance shall be brought to the attention of the Member's most immediate supervisor who is not a Member of the bargaining unit within fourteen (14) days from the time circumstances giving rise to the grievance occurred. The grievance shall be in writing, dated and signed by the Member. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the specific provisions of the Agreement allegedly violated, and the relief requested. The supervisor shall discuss the grievance with the Member within ten (10) days after the date presented. If the grievance is resolved as a result of such a meeting, the settlement shall be reduced to writing and signed by the supervisor and the Member. If no settlement is reached, the supervisor shall give a written answer to the Member and the Lodge within seven (7) days following their meeting.
Step 2. If the Member is not satisfied with the answer obtained in Step 1, he may appeal the grievance in writing to the Chief of Police; provided that the appeal is presented within seven (7) days after receipt by the aggrieved of the Step 1 answer. Within fourteen (14) days after receipt of the appeal, the Chief of Police or his designee shall discuss the grievance with the aggrieved Member and the Lodge and give the aggrieved Member his answer in writing within seven (7) days after holding such meeting.
Step 3. If the aggrieved is not satisfied with the answer obtained in Step 2, he may appeal his grievance to the Mayor within seven (7) days after the receipt of the aggrieved party or the Lodge of the Step 2 answer. Within ten (10) days after receipt of the appeal, the Mayor or designee shall discuss the grievance with the aggrieved, and shall answer it in writing within seven (7) days after holding said meeting.
Step 4. If the aggrieved or the Lodge is not satisfied with the answer obtained in Step 3, either may seek arbitration within fourteen (14) days after the receipt by the aggrieved of the Step 3 answer. The Lodge shall notify Metro Government of its intention to proceed to arbitration by notice to the Louisville Labor Management Committee or the Federal Mediation and Conciliation Service (FMCS) of the intent to proceed to arbitration and a request for a submission of a list of arbitrators. In accordance with LMCO Sec. 35.056, the parties recognize that any arbitration arising out of the terms of this Agreement will be binding, except for terminations not as a result of progressive discipline and health insurance benefits. For either of those two exceptions, the parties may seek judicial review, de novo, under Kentucky law, if adverse. An arbitrator shall be selected by each party, the Lodge and Metro Government, alternatively striking a name from the panel submitted by the Louisville Labor Management Committee or the Federal Mediation and Conciliation Service (FMCS) with the Lodge having the right to strike first. The parties recognize shall meet for the value purpose of informally resolving problems prior striking names from the panel within fourteen (14) days of receipt by both parties of the panel from which an arbitrator is to presenting be selected. The expenses, wages, and other compensation of any witness called before the arbitrator shall be borne by the party calling such witnesses. Other expenses incurred, such as wages of participants, preparation of briefs and data to be presented to the arbitrator, shall be borne separately by the respective parties. Not withstanding the above, all on duty sworn LMPD employee witnesses or participants shall receive their regular compensation from Metro Government. Any Member who is required by the Department or Metro Government to appear and/or testify at an arbitration proceeding at a formal time outside of the Member’s regularly scheduled hours of work shall be paid a minimum of three (3) hours. If these hours are in excess of a regular work day of eight (8) or ten (10) hours or a regular forty (40) hour work week, the Member shall be paid at a rate one and one-half (1 ½) times his regular rate of pay for these hours. The arbitrator's fee and expenses and cost of any hearing room shall be borne equally by each party. The powers of the arbitrator are limited as follows: the arbitrator shall have no jurisdictional right to alter, amend, modify, disregard, add to or subtract from or change in any way any term or condition of this Agreement or to render an award which is in conflict with any provision of this Agreement. The arbitrator shall consider only the specific issue or issues submitted to him and shall confine his decision to a determination of the facts and an interpretation and application of this Agreement.
Section 3. If a grievance or using alternative dispute resolution mechanisms to resolve grievances that are is not presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed set forth in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice the grievance shall be considered waived. If a grievance is not appealed to the delegated next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of Metro Government's last answer. If Metro Government does not answer a grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanismsan appeal thereof within the specified time limits, the Member or the Lodge may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limits stipulated limit in this Article each step may be extended by mutual agreement between the Employer of Metro Government and the employee and, where appropriate, the Alliance representativeLodge representative(s) involved in each step.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 Section 4. The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level procedure contained in the grievance procedure shall transmit Collective Bargaining Agreement is the sole and exclusive means of resolving all grievances arising under this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herCollective Bargaining Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The Any differences, disputes or complaints arising over the interpretation or application of this Agreement shall be handled through the following steps. There shall be an earn- est effort on the part of both parties recognize the value of informally resolving problems to settle such grievances promptly. Employees will be encouraged to present their disputes or complaints to their Supervisor in an attempt to resolve their differences prior to presenting submitting a formal grievance. Any settlement reached will not contravene this Agreement. Any alleged complaint or grievance must be presented within fifteen (15)working days of the act causing the griev- ance, but not thereafter. The working days referred to in this paragraph shall be the days of the aggrieved employee. The aggrieved employee, with or using alternative dispute resolution mechanisms without his xxxxxxx, will present the alleged grievance in writing to resolve grievances that are his xxxxxxx, who shall render his decision in writing, within twenty-four hours. Failing settlement then. The Stewardand the aggrieved employeeshall, within two (72)hours of receipt of the decision in Step present the matter to their respective Department Head, namely Produc- tion, Maintenance, Laboratory, in writing on forms made out in triplicate, of which two (2)copies will be presented to the Employer and one to the Union. The Department Head shall render his decision in writing within seventy-two (72) hours. If the decision of the Department Head is not satisfactory to the employee concerned then the grievance committee of the Union shall meet with the Director of Labour Relations or his designated representative within three (3)working days of the decision in Step A written decision shall be rendered within three (3)working days following this meeting. At this meeting a representative of United Steelworkers of America may be present. Any differences arising directly between the Employer and the Union involving the interpretation or violation of this Agreement may be submitted in writing by either party and dealt with through the respective representatives of the parties, commencing with Step under the Grievance Procedure. Grievances may not be presented in accordance connection with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he discharge or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation layoff of a grievance and within the time probationary employee, unless discrimination for Union activity is alleged. Time limits prescribed under this Article, gives notice referred to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article above may be extended by mutual agreement of the parties, in writing. After exhausting the Grievance Procedure as herein- before provided and no settlement has been reached between the Employer aggrieved employee and the Employer, then either party may submit the matter to Arbitration within ten days after the grievance has been dealt with in Step but not thereafter. Nothing shall prevent any employee and, where appropriate, the Alliance representative.
(c) No from personally presenting any of his personal problems to his designated representative of the Employer without the intervention or the Bargaining Agent shall seek by intimidation, threat or assistance of any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision representative of the collective agreementUnion, the employee mayprovided, at however, that in presenting such personal problems, they are not directly related to any section of this Agreement. A grieving employee, Xxxxxxx, Chief Xxxxxxx or designated replacement for a Xxxxxxx or Chief Xxxxxxx as a result of absence of same, shall obtain permission from his or her request, be represented by the Alliance at any meeting or mediation session held xxxxxxx before leaving his place of work to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concernedinvestigate an alleged grievance. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance Such permission shall not be deemed unreasonably withheld or delayed, it being expressly understood that no personnel may leave his place of work until the supervisorsinvolved, where necessary, can provide proper replacements. The Union shall select fourteen (14)Stewards, one from each production shift (a], and and one from each Department, namely Quarry, Maintenance New Plant, Maintenance Old Plant, Yard New Plant, Yard Old Plant, Garage and Stockroom, Electricians, Shipping, Yard, Laboratory and a Chief Xxxxxxx. The Chief Xxxxxxx shall be entitled to be invalid by reason only attend any grievance meetings in the absence of the fact that it is not Department Xxxxxxx. The Union shall advise the Employer in accordance with writing of all the form supplied by the EmployerStewards so selected. Individual Grievances
18.06 An employee who wishes The Employer will recognize a Grievance Committee of four employees to present a grievance at any prescribed level handle grievances in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative third stage of the above Grievance Procedure. Either party has the right to have the griever present. The Employer authorized will compensate employees for time spent in handling grievances only during their normally scheduled working hours. The Union shall receive a copy of all notices of discipline or discharge. Any employee shall have the right to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date review his Personnel File on which the grievance was received by him or herrequest.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 16.1 A grievance is a complaint involving the value interpretation or application of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within any of the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage provisions of this clause for Agreement or a complaint that an employee or group of employees in the purpose of informally resolving a problem bargaining unit has been unfairly treated or otherwise demoted, suspended or discharged without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativejust cause.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) 16.2 When an employee wishes to take advantage of has a process complaint, he/she should first consult her/his immediate supervisor. If the complaint is not resolved, he/she may then follow the grievance procedure outlined under 18.01 (a) or 18.01 (b) above that pertains below:
Step 1: The Union shall present the grievance to the application of a provision employee’s supervisor within thirty (30) calendar days of the collective agreementoccurrence. A written decision will be rendered within fourteen (14) calendar days of the grievance meeting. Resolutions achieved at this level will be non-precedent setting and will not be used as evidence or discussed in any grievance/arbitration matter except as it relates to the aggrieved. Furthermore, the employee may, at his or her request, resolutions shall be represented by the Alliance at any meeting or mediation session held final and binding on all involved parties as to deal with the that matter.
18.02 In determining Step 2: The Union may appeal the time within which any action is Step 1 decision to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level of management. The grievance meeting will occur within five (5) work days unless otherwise agreed by the parties. A written decision will be rendered within fourteen (14) calendar days of the grievance meeting unless the time period is extended by mutual consent. Resolutions achieved at this level will be non-precedent setting and will not be used as evidence or discussed in any grievance/arbitration matter except as it relates to the aggrieved. Furthermore, resolutions shall be calculated from final and binding on all involved parties as to that matter.
Step 3: The Union may next appeal the Step 2 decision to the Director—Labor Relations or a designated representative. The grievance meeting will occur within fourteen (14) calendar days unless otherwise agreed by the parties. A written decision will be rendered within fourteen (14) calendar days of the grievance meeting unless the time period is extended by mutual consent.
16.3 The Company shall pay not more than one (1) Union representative (who is also an active employee of the Company) to attend at each step. No more than two (2) Union representatives who are also employees of the Company may be present at any step. The Union may have a maximum of three (3) representatives at the third step. The number of attendees may be increased by mutual agreement of the parties.
16.4 Grievances must be presented within thirty (30) calendar days of the occurrence which gave rise to the grievance. Notification of appeal shall be in writing at Steps 2 and 3 and shall set forth the act or occurrence grieved, the name or names of employees aggrieved where practical, the contract provision alleged to have been violated, if any, and the remedy requested.
16.4.1 Written appeals to Step 2 must be hand-delivered, sent electronically or faxed, or postmarked via US Mail to the Company representative authorized to handle the grievance within fourteen (14) calendar days following the date on which of the Employer's reply was delivered notice to the address shown on Union of the decision reached at Step 1.
16.4.2 Written appeals to Step 3 must be faxed or sent electronically or postmarked via US Mail to the Company representative authorized to handle the grievance formwithin fourteen (14) calendar days following the date of the notice to the Union of the decision reached at Step 2.
18.05 A 16.5 Disposition of any grievance not appealed within the specified time limits shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herconsidered final.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize Contractor, Subcontractors, Committee, Signatory Unions, and the value Employees, collectively and individually, acknowledge the importance to all Parties to maintain continuous and uninterrupted performance of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms the work of the Project, and agree to resolve grievances that are presented disputes in accordance with the grievance-arbitration provisions set forth in this Article. AccordinglyWhen a Signatory Union and Employer have a collective bargaining agreement, when an employee:they may mutually agree to use the grievance procedure contained in said collective bargaining agreement.
(a) within When any union employee subject to the time limits prescribed in clause 18.11, gives notice that provisions of this Agreement feels he or she wishes to take advantage is aggrieved by a violation of this clause for Agreement, he or she, through his or her local union business representative or job xxxxxxx shall, within five (5) business days after the purpose occurrence of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisorsviolation, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives give notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No work-site representative of the Employer Contractor or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(dinvolved Subcontractor stating the provision(s) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed alleged to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concernedviolated. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the The business representative of the Employer authorized Signatory Union or the job xxxxxxx and the work-site representative of the involved Subcontractor and the Contractor shall meet and endeavor to deal with grievances address the matter within three (3) working days after timely notice has been given. The representative of the Subcontractor shall keep the meeting minutes and shall respond to the Union representative in writing (copying the Contractor) at the appropriate levelconclusion of the meeting but not later than the close of the following business day. If they fail to resolve the matter within the prescribed period, and
the grieving party may, within two (b2) provide business days thereafter, pursue Step 2 of the employee with Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a receipt stating short description thereof, the date on which the grievance was received occurred, and the provision(s) of the Agreement alleged to have been violated. Should the Signatory Union(s) or the Contractor or any Subcontractor have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) business 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) When any Open Shop DBE non-referred employee subject to the provisions of this Agreement feels he or she is aggrieved by a violation of this Agreement, he or she, within a reasonable time after the occurrence of the violation, with the aid of the Committee if the employee elects to do so per Article 2.2F(d), will give notice to his or her Employer stating the provision(s) alleged to have been violated .The Committee shall meet and endeavor to address the matter within three (3) business days after timely notice has been given. The representative of the Subcontractor shall keep the meeting minutes and shall respond to the Committee in writing (copying the Contractor) at the conclusion of the meeting but not later than the close of the following business day. If they fail to resolve the matter within the prescribed period, the grieving party may, within two (2) business 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 short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. Should the Committee or the Contractor or any Subcontractor 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.
Step 2. If the grievance has not been settled under Step 1, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The involved grievant and charged party or their representatives shall attempt mutually to select an arbitrator, but if they are unable to do so within three (3) business days, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The grieving party shall strike the first name, the other party shall then strike one (1) name, and the process shall be repeated until the arbitrator is selected, to be completed within three (3) business days of receiving a list. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the involved parties and, in the case of a grievance filed by an Open Shop DBE non-referred employee, as feasible with available 1% funds, as described in Section 10.1 (f) for that employee’s share. Failure of the grieving party to adhere to the time limits established herein shall render the grievance, waived, null and void. Failure of the charged party to adhere to the time limits established herein shall render all defenses to the grievance waived, null and void. The time limits established herein may be extended only by written consent of the 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 to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement. The Contractor and the Owner shall be notified of all actions at Step 2 and shall, upon their request, be permitted to participate in all proceedings at these steps.
Appears in 1 contract
Samples: Community Benefits Agreement
GRIEVANCE PROCEDURE. 18.01 A. Any grievance or dispute which may arise between the parties concerning the meaning, application or interpretation of this Agreement, and disputes as to wages, hours and working conditions, shall be settled in the following manner:
Step 1. The parties recognize informal resolution of grievances at the value lowest possible level of informally resolving problems prior supervision as desirable and herein encouraged. In the event that an officer or the Association believes there is a basis for a grievance, the officer or Association representatives shall first discuss the alleged grievance with his immediate supervisor. If after an informal discussion with the immediate supervisor the grievance has not been settled, the officer or the Association may reduce the grievance to presenting a formal writing and the written grievance shall be presented by the Association represen- tative to the Chief of Police within seven (7) calendar days of the alleged occurrence. It shall name the employee(s) involved, shall state the facts giving rise to the grievance, shall identify the alleged violation, shall state the contention of the employee and of the Association, shall indicate the relief requested.
Step 2. Within seven (7) calendar days of receipt of the grievance, the Chief shall respond to the grievance in writing or resolve the grievance to the satis- faction of the Association. If the Association is not satisfied with the disposition of the grievance or using alternative dispute resolution mechanisms if no disposition has been made by the Chief of Police within seven (7) calendar days, the grievance may be appealed in writing to resolve grievances that are presented the Personnel Director. The Personnel Director shall within seven (7) calendar days of the receipt of said grievance, respond to the grievance and render his written disposition of said grievance.
Step 4. If the Union is not satisfied with the disposition of the grievance at the Step 3 level, the Union may, within fifteen (15) calendar days of the date of the receipt of the written disposition, whichever is the earliest, invoke arbitration by sending to the other party written notice of the intention to arbitrate the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by the City and the Association. If the parties cannot agree as to the Arbitrator, he/she shall be selected in accordance with the recommended rules of the Federal Mediation and Conciliation Service. The decision of the arbitrator shall have no power to add to, subtract from or modify any of the terms of this ArticleAgreement or any supplement or amendment thereto or to go beyond the scope of the grievance as filed in writing. AccordinglyExpenses for the arbitrator's services shall be borne equally by the parties. All other expenses shall be borne by the parties incurring them.
B. Any grievance not appealed from a decision in one of the steps of the grievance procedure to the next step as hereinbefore described shall be considered dropped and the last decision final and binding, when an employee:
(a) within the except that time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual written agreement between of the Employer parties.
C. Notification within a reasonable time shall be given to the Association of any disciplinary action taken against any officer which may result in official
D. The City agrees that it will continue to regard all personnel files as confidential records to be kept under direct control of the Personnel Director, and no unauthorized person shall be allowed to see an officer's file without his prior written consent.
E. The City agrees to furnish to the employee andAssociation in response to reasonable requests, where appropriateinformation which may be necessary for the Association to process any grievance.
F. The Association shall have the right, through it Executive Board, to file a grievance if the Association believes that an alleged violation affects the members of the entire bargaining unit. In such a case, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance Association shall be deemed to have been presented on be the day on which it is postmarked and it grievant.
G. The Department shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office make recordings of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered all disciplinary hearings available to the address shown on the grievance formUnion upon request.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize A. Any complaint by an Employee or the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within Union concerning the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage application and interpretation of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response Agreement shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice be subject to the delegated grievance step authority of his procedure. Any relevant information specifically identified by the grievant or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated Union in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative possession of the Employer needed by the grievant or the Bargaining Agent Union to investigate or process a grievance, shall seek be provided to them upon request within seven (7) working days. The grievance shall be presented to the appropriate supervisor within twenty (20) working days after the occurrence of the alleged violation, or if it concerns an alleged continuing violation, then it must be filed within twenty (20) working days after the alleged violation first became known or should have become known to the Employee involved, except that in the case of an alleged payroll computational error, such allegation shall be presented to the President or the designee in writing within twenty (20) working days after the alleged error is discovered by intimidation, threat the Employee or any other means to compel an employee to either participate or the grievance may not participate in an alternate dispute resolution mechanismbe considered.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article B. An individual Employee may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, to the Employee's immediate supervisor and the grievance shall heard without intervention of the Union, provided the Union has been afforded an opportunity to be deemed to have been presented present at the conference(s) on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concernedgrievance. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance Any adjustment made shall not be deemed to be invalid by reason only inconsistent with the terms of this Agreement. By mutual consent of the fact that it is not Union and the Employer, any time limits within each step may be extended.
C. Informal Step. A grievance shall, whenever possible, be discussed informally between the Employee and immediate supervisor within the twenty (20) working day limitation provided for in accordance with the form supplied paragraph "A" above. The grievant may be assisted by the Employergrievant's Union representative. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in If the grievance procedure shall transmit this grievance to the employee's immediate supervisor does not reply by seven (7) working days, the Employee or local officer-in-charge who shall forthwith:
(a) forward the Union may pursue the grievance to the representative next step.
Step 1. If the grievant is not satisfied with the result of the Employer authorized informal conference, the grievant or the Union may submit a written statement of the grievance within seven (7) working days after receiving the answers to deal with grievances the informal complaint to (a) the Xxxx in the case of the University of Hawaii at the appropriate level, and
Manoa (UHM) and University of Hawaii at Hilo (UHH); (b) provide the employee applicable Vice Chancellor for the University of Hawaii at West Oahu (UHWO); (c) Chancellor in the case of the Community Colleges; or (d) such directors as may be designated by the Manoa Xxxxxxx or Chancellors with respect to other administrative or program units (hereinafter "division head"); or if the immediate supervisor does not reply to the informal complaint within seven (7) working days, the Employee or the Union may submit a receipt stating written statement of the date on which grievance to the division head or the designee within fourteen (14) working days from the initial submission of the informal complaint; or if the grievance was received by him not discussed informally between the Employee and the immediate supervisor, the Employee or herthe Union may submit a written statement of the grievance to the division head or the designee within the twenty (20) working day limitation provided for in paragraph "A" above. A meeting shall be held between the grievant and a Union representative with the division head or the designee seven (7) working days after the written grievance is received. Either side may present witnesses. The division head or the designee shall submit a written answer to the grievant or the Union within seven (7) working days after the meeting.
Appears in 1 contract
Samples: Unit 8 Contract
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal Section 1. A grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between any dispute or complaint concerning the Employer and the employee andinterpretation or application of, where appropriateor compliance with, the Alliance representative.
18.04 Where any of the provisions of clauses 18.06this Agreement. In the event any employee believes that he has a grievance, 18.23 it shall first be presented by the employee to his immediate supervisor. If no satisfactory adjustment is made, such grievance shall be settled in the following manner:
STEP 1. The aggrieved employee and/or his xxxxxxx shall present the grievance to his immediate supervisor. The immediate supervisor will give his answer within three (3) working days, excluding weekends and holidays, following submission of the grievance.
STEP 2. If no satisfactory adjustment is agreed upon as provided in Step 1, the Union shall give the Company the grievance in written format, stating the nature of the incident, the provision of this Agreement on which the grievance is based, the relief sought and it shall be signed by the employee. Then, the matter shall be referred by a Grievance Committeeperson to the Production Manager or 18.37 canhis representative, who, within fifteen (15) calendar days of the appeal, shall meet and discuss the alleged grievance and give a written decision within five (5) working days to a member of the Grievance Committee or Shift Xxxxxxx if a Grievance Committee Representative is not at work, excluding weekends and holidays, after the day the grievance is discussed under this Step 2.
STEP 3. If no satisfactory settlement is agreed upon as provided in Step 2, the matter shall be referred to the General Manager and/or to such other representative or representatives as he may designate and to the Union Grievance Committee. Up to three members of the Grievance Committee, the Local Unit President, and the International
STEP 4. If no settlement of the grievance is reached in the foregoing steps, the matter shall be submitted to arbitration if the Union Grievance Committee shall so request in writing within thirty (30) working days, excluding weekends and holidays, after the Company's decision provided in Step 3. The parties shall endeavor to agree upon an arbitrator, but if such agreement has not been reached within five (5) working days, excluding weekends and holidays, after the request for arbitration is delivered, then the matter shall be referred to the American Arbitration Association for the selection of an arbitrator pursuant to its rules and regulations. The decision of the arbitrator shall be final and binding upon the parties.
Section 2. Any grievance not presented in STEP 1 within three (3) working days, excluding weekends and holidays, after knowledge of the occurrence out of which the grievance arose shall not be complied with entitled to consideration, and any grievance not appealed from one STEP of the grievance procedure to the next within five (5) working days, excluding weekends and holidays, after the day which the answer is given shall be considered settled on the basis of the last answer. Also, any grievance not answered by the Company within time limits called for in the previous steps shall be considered settled in favor of the Union. Such settlements will be on a non-precedent setting basis and shall have no bearing on future grievances of a like nature. Time limits are subject to being extended by the mutual written consent of the parties.
Section 3. The fee of the arbitrator shall be borne equally by the Company and the Union.
Section 4. The arbitrator may interpret the Agreement and apply it to the particular case presented to him, but he shall, however, have no authority to add to, subtract from or in any way modify the terms of this Agreement or any Agreements made supplemental hereto.
Section 5. In the event an aggrieved employee who is necessary discharged or otherwise loses seniority under Article VI of this Agreement fails to present attend any scheduled third step grievance meeting or an arbitration hearing regarding a grievance filed by mailhim or on his behalf, for which the aggrieved employee has received notice, the grievance aggrieved employee shall be deemed to have been presented on directed the day on which it is postmarked Union to immediately withdraw such grievance and it shall not be deemed subject to have been received by further processing under this Article. The foregoing shall not apply in the Employer on event of a verifiable emergency or if a physician certifies the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on employee could not attend the grievance form.
18.05 A grievance shall not be deemed meeting due to be invalid by reason only of the fact that it is not an illness or injury. Grievances withdrawn in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present this Section will be on a grievance at any prescribed level in the grievance procedure non-precedent setting basis and shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative have no bearing on future grievances of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herlike nature.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 a) Both the TPA and the Union emphasize the desirability of a satisfactory grievance procedure, the purpose of which will be to settle as many grievances as possible in a prompt and civil manner.
b) The parties recognize TPA acknowledges the value right of the Union to appoint, or otherwise select, a Grievance Committee of three (3) members who shall be employees of the TPA. The TPA shall be informed of the names of the Committee’s members and shall be informed promptly in writing of any changes in the Committee’s membership. It is agreed that no more than two (2) of the committee members will be granted leave to attend meetings at any one time.
c) Xxxxx to the formal filing of a grievance, an xxxxxxx effort may be made to settle the dispute informally resolving problems prior by the aggrieved employee(s) together with his shop xxxxxxx if he so desires, seeking a resolution from the immediate managerial supervisor within five (5) working days after the incident giving rise to presenting a formal grievance the dispute became known, or using alternative dispute resolution mechanisms should have become known to resolve grievances that are presented the employee. Any settlement(s) of disputes dealt with in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed above shall be without prejudice to either party in clause 18.11, gives notice that he or she wishes relation to take advantage the interpretation and application of this clause for agreement.
d) Disputes arising between the purpose TPA and any employee(s) regarding the interpretation, meaning, operation or application of informally resolving this agreement, including any question as to whether a problem without recourse matter is arbitrable, or where an allegation is made that this agreement has been violated, or should any other dispute arise, the matter(s) will, subject to (c) above, be considered to be a formal grievance and facilitating discussions between be dealt with as follows:
STEP 1 The aggrieved employee(s) shall submit a Local 416 Grievance Form to the immediate managerial supervisor signed by the employee(s) and the Xxxxxxx, within five (5) working days after being refused redress by said supervisor, or in the event the process outlined above has not been followed, within five (5) working days after the incident giving rise to the grievance became known, or should have become known to the employee. Within five (5) working days of receipt of the grievance the Department Manager and/or his designated representative will arrange to meet with the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of his Xxxxxxx. The Department Manager will issue a grievance and within the time limits prescribed under this Article, gives notice formal reply to the delegated grievance step authority within five (5) working days of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativemeeting.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The It is the mutual desire of the parties recognize that any complaint arising between an employee and the value Employer with respect to the application, interpretation or alleged violation of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this ArticleCollective Agreement shall be adjusted as quickly as possible. Accordingly, when an employeeThis Agreement recognizes three (3) types of grievances:
(a) within Individual grievance: when the time limits prescribed in clause 18.11grievance involves one employee; Union grievance: when two (2) or more employees have a grievance relatingto the same alleged violation of the CollectiveAgreement; Policy Grievance: when the Union or the Employer alleges a violation of the Collective Agreement by the other party, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse not relating to a formal particular employee or of employees. The following procedure shall be used to settle disputes: Complaint stage: it is understood that an employee has no grievance until he has first given his immediate supervisorthe opportunity of adjustinghis complaint. Such complaint shall be discussed with his immediate within ten normal business days after the giving rise to it have occurred or the employee should have reasonably been aware. Failing settlement within five (5) normal business days, it may then be taken up as a grievance. Grievance stage: failing resolution of the complaint, the employee may file a grievance. The grievance is submitted to the Department Head or his delegate. The Department Head or his delegate will give his decision in writing within ten normal business days after having received the grievance. If the grievance is still not satisfactorily settled, the employee shall submit the matter in writing to the Centre Administrator or her delegate, for consideration at a meeting of the parties. A meeting shall be held within ten (10) business days, after receipt of the written submission by the Administrator who shall render her decision upon the grievance within five (5) normal business days after the date of the meeting. Failing a satisfactory settlement being reached the dispute may be to arbitration. Replies to written grievances at Steps and facilitating discussions shall be in writing. All decisions arrived at between the employee and their supervisors, it is agreed that authorized representative of the period between the initial discussion Employer and the final response Union shall be and binding upon the Employer, the Union and the employee or employees The Employer shall not count as elapsed be required to consider any grievance which is not presented, at the complaint stage, within thirty (30) calendar days the or the Union became aware of, or ought reasonably have been aware of the alleged violation of the Collective Agreement. This time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article limit may be extended by the mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate parties in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage writing. If a final settlement of a process outlined under 18.01 grievance is not reached at step then the grievance may be to Arbitration in writing by either party as provided for in Article no later than thirty (a30) or 18.01 (b) above that pertains to normal business days the application final decision at step has been communicated. The effective date of an adjustment arising out of the settlement of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.by
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 8.01 Should an employee subject to this Agreement believe he/she has been unjustly dealt with, or that any of the value provisions of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms this Agreement have not been complied with, the following are the steps that shall be taken to resolve grievances such grievances:
Step 1 In the first instance an employee shall discuss the matter with his/her immediate Supervisor within five (5) working days of the event. The Supervisor will give his/her decision within two (2) working days.
Step 2 Failing to reach a satisfactory settlement, the employee may submit his/her grievance in writing to his/her immediate Supervisor within five (5) working days of his/her reply in Step 1. Supervision shall meet within five (5) working days with the aggrieved employee and Association representative to discuss the grievance. Following such meeting Supervision shall forward their decision in writing to the Association representative within five (5) working days of this meeting.
Step 3 If not then settled the matter will be referred in writing by the aggrieved employee to the Manager, Human Resources within two (2) working days of the reply at Step 2. A meeting between the Human Resources and Engineering Managers or their designates and a duly accredited Association Officer and a representative of the Association shall be held within five (5) working days of receipt of the Step 3 written notice to deal with the issue in an attempt to resolve the matter in dispute. If not then settled the grievance may, within five (5) working days of the reply at Step 3, be referred to a Board of Arbitration as specified in the Labour Relations Act.
8.02 If the time allowances provided for above are not observed by the Association, the grievance will be considered dropped. If such time allowances are not observed by the Company, then the grievance will be considered to have advanced to the next step. It is understood, however, extensions to these time limits as applying to either party may be mutually agreed upon.
8.03 If either party has a grievance with respect to the other or alleges that are presented there has been a misinterpretation, violation or non-application of this Agreement, or any of its provisions hereof, then either party may give to the other, notice in writing of such complaint within five (5) working days of the event. Within seven (7) working days of receipt of such notice a meeting will be held in accordance with this ArticleStep 3 of the grievance procedure. Accordingly, when The party against whom the grievance has been made will give an employee:
answer within (a7) within the working days. The time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated stated in this Article paragraph may be extended by as provided for in Section 8.02 above.
8.04 The Board of Arbitration 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 give any decision inconsistent with the terms and provisions of this Agreement.
8.05 No matter may be submitted to Arbitration which has not been properly carried through all the previous steps of the grievance procedure, and which does not involve the application, interpretations or alleged violation of this Agreement.
8.06 In the administration of Article 8.01, Step 4, the Company is prepared, only on those occasions where there is mutual agreement between the Employer and parties, to use a single Arbitrator in the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage place of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application Board of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matterArbitration.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 a) Both the Commissioners and the Union emphasize the desirability of a satisfactory grievance procedure, the purpose of which will be to settle as many grievances as possible in a prompt and civil manner.
b) The parties recognize Commissioners acknowledge the value right of the Union to appoint, or otherwise select, a Grievance Committee of three (3) members who shall be employees of the Commissioners. The Commissioners shall be informed of the names of the Committee’s members and shall be informed promptly in writing of any changes in the Committee’s membership. It is agreed that no more than two (2) of the committee members will be granted leave to attend meetings at any one time.
c) Xxxxx to the formal filing of a grievance, an xxxxxxx effort may be made to settle the dispute informally resolving problems prior by the aggrieved employee(s) together with his shop xxxxxxx if he so desires, seeking a resolution from the immediate managerial supervisor within five (5) working days after the incident giving rise to presenting a formal grievance the dispute became known, or using alternative dispute resolution mechanisms should have become known to resolve grievances that are presented the employee. Any settlement(s) of disputes dealt with in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed above shall be without prejudice to either party in clause 18.11, gives notice that he or she wishes relation to take advantage the interpretation and application of this clause for agreement.
d) Disputes arising between the purpose Commissioners and any employee(s) regarding the interpretation, meaning, operation or application of informally resolving this agreement, including any question as to whether a problem without recourse matter is arbitrable, or where an allegation is made that this agreement has been violated, or should any other dispute arise, the matter(s) will, subject to (c) above, be considered to be a formal grievance and facilitating discussions between be dealt with as follows:
STEP 1 The aggrieved employee(s) shall submit a Local 43 Grievance Form to the immediate managerial supervisor signed by the employee(s) and the Xxxxxxx, within five (5) working days after being refused redress by said supervisor, or in the event the process outlined above has not been followed, within five (5) working days after the incident giving rise to the grievance became known, or should have become known to the employee. Within five (5) working days of receipt of the grievance the Department Manager and/or his designated representative will arrange to meet with the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of his Xxxxxxx. The Department Manager will issue a grievance and within the time limits prescribed under this Article, gives notice formal reply to the delegated grievance step authority within five (5) working days of his or her intention to take advantage of alternative dispute resolution mechanismsthis meeting.
STEP 2 Failing satisfactory settlement under Step 1, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee andUnion may, where appropriate, the Alliance representative.
within five (c5) No representative days after receipt of the Employer or the Bargaining Agent shall seek by intimidationstep one reply, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative Manager, Human Resources, or his designated representative. At the earliest convenience of the Employer authorized to deal with grievances at parties, the appropriate levelManager, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.Human
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 20.01 Any complaint, disagreement, or difference of opinion between the Parties hereto concerning the interpretation, application, operation, or any alleged violation of the terms and provisions of this Agreement shall be considered a grievance. The parties recognize Company, the value employee, or the Union may present a grievance.
20.02 Within fifteen (15) working days (excluding Saturdays, Sundays, and General Holidays) of informally resolving problems prior the event causing the grievance, the employee involved, together with a Union Representative if they so wish, shall submit the grievance in writing to presenting a formal the Department Manager, and they shall endeavour to settle the grievance.
20.03 If settlement is not reached within thirty (30) working days (excluding Saturdays, Sundays, and General Holidays) after the filing of the grievance under Article 20.02, such grievance shall be deemed to be settled to the satisfaction of all concerned unless, within the next following period of ten (10) working days (excluding Saturdays, Sundays, and General Holidays), it is referred by the Union to the Centre General Manager or using alternative dispute resolution mechanisms such other representative as the Company may designate in their place. A decision will be rendered in writing within ten (10) working days (excluding Saturdays, Sundays, and General Holidays) by the said Manager or such other designated representative.
20.04 The grievance shall be deemed to resolve grievances that are presented have been settled to the satisfaction of all concerned in accordance with this Articlethe written decision referred to in the previous article, unless within ten (10) working days (excluding Saturdays, Sundays, and General Holidays) of the giving of such written decision, either Party notifies the other that it wishes to refer the grievance to arbitration. Accordingly, when an employee:No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure.
(a) within 20.05 Any of the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article set forth herein may be extended by mutual agreement between of the Employer Parties.
20.06 All controversies as to the interpretation and application of this Agreement that cannot be settled by the representatives of the Company and the employee and, where appropriateUnion shall be submitted to arbitration and heard by a single arbitrator. The Parties will attempt to agree upon a sole arbitrator to hear the grievance. Should the Company and the Union fail to agree upon an arbitrator, the Alliance representativeDepartment of Mediation Services will be requested to appoint an arbitrator.
(c) No 20.07 In the event of a grievance by the Company, it shall be filed with a representative of the Employer or Union within fifteen (15) working days (excluding Saturdays, Sundays, and General Holidays) of the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains event giving rise to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays grievance and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on settled to the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office satisfaction of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit all concerned unless within which the grievor may present his or her grievance at the next higher level shall be calculated from following period of thirty (30) working days (excluding Saturdays, Sundays, and General Holidays) the date on which Company notifies the Employer's reply was delivered Union that it wishes to the address shown on refer the grievance formto arbitration, in which event arbitration shall proceed as set forth above.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward It is agreed and understood that, notwithstanding the grievance provisions of Article 20.07 above, should an employee be disciplined for theft of any kind or manner, from the Company, its customers, employees or suppliers, and should a Board of Arbitration or single arbitrator make a finding of fact to this effect, then the representative Board of Arbitration or single arbitrator in question shall have no jurisdiction to alter, vary, modify, or rescind the Employer authorized to deal with grievances at discipline imposed by the appropriate level, andCompany.
(b) provide It is agreed and understood by the parties that, with respect to Article 20.08 (a) of this Agreement, "theft" shall be defined as: "The wrongful taking away of the goods of another; the act of stealing; the unlawful seizure of any article or articles with the intention of depriving the lawful owner or owners". It is further agreed that "theft" will be deemed to include fraud and embezzlement.
(a) No reprimand shall remain on an employee’s file after twelve (12) months, nor shall they be used in disciplinary action after that time.
(b) An employee will be given a copy of any discipline which will be placed on their personnel file. An employee may request and shall receive copies of any discipline on their personnel file.
(c) When an employee is required to enter into a meeting with Management which may lead to discipline, a Shop Xxxxxxx shall be in attendance. In the event that a Shop Xxxxxxx is unavailable, the Company agrees to contact the Union to facilitate attendance of a Union Representative. If the matter requiring the meeting is of an urgent nature, (such as an issue related to physical violence or a potential safety threat), and no Shop Xxxxxxx or Union Representative is immediately available, the employee with may be suspended pending the scheduling of the meeting, and any lost time may be the subject of a receipt stating grievance.
20.10 An employee may request to review their personnel file by providing reasonable notice to the date on which Company. The review will take place at a time or times mutually agreed to by the grievance was received by him or heremployee and the Company. The review will be conducted in the presence of the Manager and/or their designate. Review will take place within a reasonable period of time. No employee will remove any document from their file, without the express written permission of the Company.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 A. The Grievance Process
1. A grievance is a dispute between the parties recognize arising out of an interpretation of or application of this Agreement. A grievance may be filed by any Flight Attendant, group of Flight Attendants or the value MEC or LEC Presidents. Prior to the filing of informally resolving problems prior a grievance, the Flight Attendant is encouraged to presenting a formal grievance discuss the matter with the Vice President of Inflight or using alternative dispute resolution mechanisms her/his designee in an effort to resolve grievances that are presented in accordance with this Articleit. AccordinglyWhen a written grievance is filed, when an employee:
(a) within it will contain a reference to the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage provision of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed Agreement alleged to have been presented on breached and a short, concise stastement of the day on which facts involved. The Company and Association may schedule meeting(s) to discuss grievances prior to such grievances being referred to the system board.
a. A grievance may be filed by any Flight Attendant, group of Flight Attendants or the MEC or LEC President(s).
b. Prior to the filing of a grievance, the Flight Attendant is encouraged to discuss the matter with the Vice President of Inflight or her/his designee in an effort to resolve it.
c. When a written grievance is filed, it is postmarked and it shall be deemed will contain a reference to the provision of this Agreement alleged to have been breached and a short, concise statement of the facts involved.
2. A grievance must be filed within thirty (30) calendar days after the Flight Attendant or the Union, as applicable, became aware of or should have become aware of the event giving rise to the grievance. Grievances shall be filed by email to the Vice President of Inflight or her/his designee.
3. Prior to being submitted to the System Board of Adjustment, a grievance must be heard in a meeting between the Union and the Vice President of Inflight or her/his designee. Such meetings will be held each month, on a date and time to be determined mutually by the parties. Any grievance received by the Employer on Company at least seven (7) calendar days before the day it is date stamped monthly meeting will be heard at that month’s meeting; grievances received by the appropriate office of Company within seven (7) calendar days before the department or agency concernedmonthly meeting will be heard at the following month’s meeting.
4. SimilarlyWithin fourteen (14) business days following the monthly meeting at which a grievance is heard, the Employer shall be deemed to have delivered Vice President of Inflight or her/his designee will issue a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown decision on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only in writing and furnish the aggrieved Flight Attendant and/or the Union a copy thereof via email. The decision will include a short, concise statement of the fact that it is not in accordance with facts considered and the form supplied by reason(s) for the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herdecision.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within It is the time limits prescribed in clause 18.11, gives notice desire of the parties hereto that he or complaints of employees be adjusted as quickly as possible. If an employee has any complaint he/she wishes to take advantage shall first discuss the matter with the xxxxxxx concerned and may have the assistance of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,his/her Committee member if he/she so requests.
(b) following An employee having complied with the provisions of Section 13 (a) and who believes that the complaint has not been adjusted satisfactorily may lodge a written grievance. The employee shall be entitled to have the assistance of his/her Committee member in preparing such grievance on forms supplied by the Company. The Committee member shall give the grievance to the Local Human Resources Representative who will forward it to the proper level of authority for review and reply. As part of this review, the grievance will be discussed by Management representatives, the Zone Committee member, the Plant Chairperson and the grieving employee, if required. A written reply to the grievance will be given within three (3) working days of the presentation of the grievance unless the employee is working 12 hour shifts in which case the written reply will be given within five (5) working days. Unless the parties have agreed to waive or extend the following time limit, it shall be optional to the Company to decline to consider any grievance the alleged circumstances of which occurred more than five(5) working days prior to its presentation except in the case of a grievance claiming failure on the part of the Company to give the required notice of recall, in which instance, the period of time shall be thirty (30) days. A further exception would involve an employee, with seniority, who is suspended, in which instance, the period of time shall be five (5) working days from the employee's receipt of written notice. Probationary employees are entitled to lodge a grievance in the same manner, and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority same extent as regular employees, except with respect to their termination of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeemployment.
(c) No representative If the decision given under Section 13 (b) is not satisfactory to the employee, the grievance may be presented within five (5) working days after such decision by the employee's Committee member to the local Human Resources Representative to be taken up at a meeting arranged between management and the plant committee which will be held within five (5) working days from the time of receipt of the Employer grievance. Unless otherwise agreed Management shall give its decision in writing to the Plant Committee Chairperson or his/her designate within 5 working days following the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismmeeting.
(d) When an employee wishes to take advantage If the decision of a process outlined under 18.01 (a) or 18.01 (b) above that pertains Management is not satisfactory to the application employee concerned, the Chairperson of the Plant Committee may, by serving written notice within fifteen (15) days of the date on which Management's decision was received, appeal there from to an impartial arbitrator. The Company and Union have selected the following panel of arbitrators: Xxxxxxx Xxxxxxxxxx Xxx Xxxxxx Selection of an arbitrator for each hearing shall be on a rotation basis from the above listing, in the order listed. This process will be utilized for appeals to arbitration by either the Union for a Union grievance, or the Company for a Company grievance. Either party may cancel this panel with thirty (30) days written notice to the other party. If canceled, the parties ageree to revert to the process contained in the April 1, 2002 Collective Agreement. The decision of the arbitrator shall be final and binding on both parties. The fees and expenses of the arbitrator shall be shared equally by the parties hereto.
(e) An employee with seniority, who is discharged, may present a grievance in writing through the Plant Committee to Management within five (5) working days of the employee's receipt of written notice of discharge and Management will review the grievance with the Committee and give a decision within three (3) working days after such review. If the decision of Management is not acceptable to the aggrieved, the grievance may be appealed to an arbitrator as herein provided.
(f) The Union may file a Policy Grievance by presenting it in writing to the local Human Resources representative to be taken up at a meeting arranged between Management and the Plant Committee not later than 10 working days after such presentation. A "Policy Grievance" is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which could not otherwise be resolved at lower steps of the collective agreementgrievance procedure because of the nature or scope of the subject matter of the grievance. Management will give its decision to the Plant Chairperson in writing not later than five (5) working days following such meeting. If the decision of Management is unsatisfactory to the Union, the employee may, at his or her request, be represented Union may appeal the matter to an impartial arbitrator as herein provided by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time serving written notice within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions 15 days of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the EmployerManagement's reply decision was delivered to the address shown on the grievance formreceived.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE PROCEDURE. 18.01 9.01 It is the mutual desire of the Parties hereto that any complaint or cause for dissatisfaction arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement shall be adjusted as quickly as possible.
9.02 It is generally understood that an employee has no complaint or grievance until he/she, either directly or through the Union, has first given his/her immediate supervisor an opportunity to adjust the complaint.
9.03 If, after registering the complaint with the supervisor and such complaint is not settled within three (3) regular working days or within any longer period which may have been agreed to by the Parties, then the following steps of the Grievance Procedure may be invoked: The parties recognize grievance shall be submitted in writing to the value supervisor either directly or through the Union. The supervisor shall meet with the employee’s Union Xxxxxxx within two (2) working days of informally resolving problems prior to presenting a formal the receipt of the grievance or using alternative dispute resolution mechanisms in an attempt to resolve grievances that are presented in accordance with the grievance. The grievor may be present at this Articlemeeting if requested by either Party. Accordingly, when an employee:
The Supervisor shall within a further two (a2) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice working days give his/her answer to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer form and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains return it to the application Union. If the grievance remains unsettled at the conclusion of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailStep One, the grievance may be submitted to the General Manager who shall be deemed within ten (10) working days hold a meeting between the Union Grievance Committee (not to have been presented on the day on which it is postmarked exceed two (2) in number) and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office representatives of Management, in a final attempt to resolve the grievance. A Staff Representative of the department or agency concernedUnion and the Grievor may be present at this meeting if requested by either Party. SimilarlyThe General Manager shall within a further ten (10) working days give his decision, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarkedin writing, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown Union on or attached to the grievance form.
18.05 A grievance 9.04 The Company shall not be deemed required to be invalid by reason only consider any grievance which is not presented within ten (10) working days after the grievor or the Union first became aware of the fact that it alleged violation of the Agreement. Thereafter the time limits in the Grievance Procedure shall be considered directionary and not mandatory.
9.05 If final settlement of the grievance is not reached at Step Two then the grievance may be referred in accordance writing by either Party to Arbitration as provided in Article 11, Arbitration, at any time within thirty (30) calendar days after the decision(s) is received under Step Two.
9.06 At any stage of the Grievance Procedure including Arbitration, the conferring parties may have the assistance of the employee(s) concerned and any necessary witnesses and relevant records. All reasonable arrangements will be made to permit the conferring Parties, or the Arbitrator, to have access to the plant to view disputed operations and to confer with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hernecessary witnesses.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 20.1 Grievances, which for the value purposes of informally resolving problems prior this AGREEMENT, shall be defined as disputes with respect to presenting the interpretation or application of the specific terms of this AGREEMENT, and or the Town’s Personnel Ordinance (Chapter 303) shall be processed in the following manner:
20.1.1 A member of the bargaining unit who believes he/she has a formal grievance shall first present the grievance, in writing, within twenty (20) calendar days of its occurrence, to his/her immediate supervisor or using alternative dispute resolution mechanisms department head. A reasonable effort shall be made to resolve grievances that are presented in accordance the grievance, informally, within seven (7) working days.
20.1.2 If the member of the unit is not satisfied with this Articlethe 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. Accordingly, when an employee:
The written grievance shall contain: (a) within a concise statement of the time limits prescribed in clause 18.11events allegedly giving rise to the grievance, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation specific section of a grievance and within the time limits prescribed under this ArticleAGREEMENT alleged to be violated, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative all evidence available in support of the Employer or the Bargaining Agent shall seek by intimidationclaimed grievance, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
and (d) When an employee wishes a statement as to take advantage of a process outlined under 18.01 (a) when the grievance arose, became known or 18.01 (b) above that pertains should have become known to the application of a provision member of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held unit. A written determination with respect to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received made by the Employer on Fire Chief within five (5) working days.
20.1.3 If the day it is date stamped received by the appropriate office decision of the department or agency concerned. SimilarlyFire Chief is not satisfactory to the member of the unit, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor SPFA may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward appeal the grievance to the representative Town Manager, in writing, within three (3) working days. The Town Manager shall render his/her decision in writing to the member of the Employer authorized to deal with grievances at unit and the appropriate level, and
SPFA within seven (b7) provide the employee with a receipt stating working days of the date on which the grievance was received is received.
20.1.4 In the event that the determination of the Town Manager is not acceptable to the SPFA, it may, within five (5) working days after the date of that determination or the date the determination is due, request that the matter be submitted to arbitration by him notifying the Town Manager in writing by certified or herregistered 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 Town Manager and the SPFA within ten (10) working days after the notice has been received. If the 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 arbitrator shall be final and binding with regard to the 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 proceedings shall be borne equally by the Town and SPFA. However, each party shall be responsible for bearing the costs of preparing and presenting its own case and compensating its own representatives and witnesses. If either party desires a 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 presented by the SPFA, without prior approval in writing of the SPFA Grievance Committee.
Appears in 1 contract
Samples: Fire/Ems Contract
GRIEVANCE PROCEDURE. 18.01 1. A grievance, for the purpose of this Article, shall be defined as a dispute between an employee or employees and the University, or between the Union and the University with respect to the interpretation or application of the specific terms of this Agreement.
2. The HPSOR\epHresHen¶tatVive , wUith or without the employee who believes that a problem exists with respect to the interpretation or application of the specific terms of the Agreement, shall first discuss the problem in an informal manner with the employee's immediate supervisor within five (5) calendar days of the occurrence of the problem. Reasonable efforts shall be made by the parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms involved to resolve grievances the problem informally within seven (7) calendar days. The employee¶Vrep resentative and the employee will be notified of the disposition by the supervisor.
3. Step 1: If the problem has not been adjusted informally, the employee or HPSORr\epHresHen¶tatVive shall reduce it to writing and submit a written grievance to the Director of Police and Safety or equivalent campus administrator within five (5) calendar days after notification of disposition provided in paragraph 2. The written grievance shall contain:
a. A concise statement of the events giving rise to the grievance;
b. The specific section of this Agreement alleged to be violated;
c. All evidence available in support of the grievance claimed;
d. A statement as to when the grievance arose, became known or should have become known to the employee; and
e. A statement as to the redress sought by the employee. Upon receipt of the written grievance, a grievance number shall be obtained from the System Office of Human Resources and assigned to the grievance by the Director of Police and Safety or equivalent campus administrator. A written disposition with respect to the grievance shall be rendered by the Director to the employee and the HPSOR\epHresHen¶tatVive of the written grievance. wUithin ten (10) calendar days after receipt
4. Step 2: If the disposition is not satisfactory to the Union, the employee or HPSORr\epHresHen¶tatVive may appeal the grievance in writing to the President or the President's designee within ten (10) calendar days after receipt of the notification provided in paragraph 3. The President or the President's designee shall render a disposition in writing to the employee and HPSORr\epHresHen¶taVtive within ten (10) calendar days after receipt of the written grievance.
5. Step 3: If the disposition of the President or the President's designee is not satisfactory to the Union, the employee or HPSORr\epHresHen¶taVtive may appeal the grievance in writing to the Chancellor or the Chancellor's designee within ten (10) calendar days after receipt of the notification provided in paragraph 4. The Chancellor or the Chancellor's designee shall render a determination in writing to the employee¶rVepresentative within ten (10) calendar days after receipt of the written grievance.
6. Step 4: In the event that are presented the determination of the Chancellor or Chancellor's designee is not acceptable to the Union it may, within thirty (30) working days after the date of that determination or the date the determination is due, request that the matter be submitted to arbitration by notifying the Chancellor or the Chancellor's designee in writing by certified or registered mail.
a. The arbitration proceedings shall be conducted by an arbitrator selected by the Chancellor or the Chancellor's designee and the Union within ten (10) working days after the notice has been received. If the parties fail to agree upon an arbitrator, either may request the Federal Mediation and Conciliation Service or Maine Board of Arbitration to provide an arbitrator in accordance with the rules of the organization.
b. The decision of the arbitrator shall be final and binding with regard to the dispute consistent with applicable law and this ArticleAgreement. AccordinglyThe 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.
c. All fees and expenses for the arbitrator's services and the proceedings shall be borne equally by the University and the Union. However, when an employee:each party shall be responsible for bearing the costs of preparing and presenting its own case and compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record.
(a) 7. All grievances shall be filed and appealed within the time limits prescribed in clause 18.11set forth above or they will be deemed waived; provided, gives notice however, that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between agreement, of the Employer appropriate Union representative and the employee and, where appropriate, the Alliance representative.
(c) No representative University administrator at any step of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismabove procedure.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The A grievance is defined to be any difference between the parties recognize or between an employee and the value Company, relating to the interpretation, application, administrationor alleged violation of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:agreement.
(a) within the time limits prescribed in clause 18.11To be considered, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within must be presentedwithin seven(7) the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, incident Saturdays, Sundays and designated paid holidays as per are excluded from the time limits in this article. Complaints deriving from the interpretationor appli- cation of the terms of this Agreement shall be excluded.
18.03 discussed betweenthe employees and the immediate supervisor. The employees may be accompanied by their xxxxxxx. The time constraints outlined in Article will not be affected by this process. The time limits stipulated in this Article of the grievance procedure referred to below may be extended modified by mutual agreement between consent of the Employer parties. Formal grievances shall be handled in the following manner: STEP The aggrieved employee and the employee and, where appropriatexxxxxxx shall take the matter to the immediate supervisor in writing within seven (7) days of the incident occurrence. The written grievance shall refer to the specific of Agreement that are in question. The supervisor shall render a decision in writing within two (2) days from the date of the initiation of the formal grievance procedure. STEP If a satisfactory settlement is not reached, the Alliance union chairperson and the xxxxxxx shall present the matter in writing within two (2) days to the aggrieved employee's supervisor. A decision shall be rendered within three (3) days of receiving the written grievance. If a satisfactory settlement is not reached at STEP the matter shall be referred by the union grievance to the manager of the company in writing within five (5) days of the decision in STEP The matter will be discussed at a meeting involving the union grievance committee, and/or the supervisor, and/or the manager, and/or the personnel representative.
18.04 Where . The ag- grieved employee may be present at this meeting if both parties agree. following the provisions date of clauses 18.06such meeting. The union representative and company labour relations manager or delegate may be present, 18.23 or 18.37 cannot pro- vide direction, at any step of procedure if requested by either party. Grievance; A grievance on behalf of more than one employee may be complied presented directly at Step Listing the names of the Grievance; A policy grievance will confineitself to matters relatingto the interpretation, administrationap- plicationor alleged violation of the agreement, which are inappropriatefor an employee grievance group. Such grievances shall be submitted in writing by the chairpersonor secretary treasurer of the union at Step of the grievance procedure, within fifteen (15) days from where the circumstances giving rise to it occurred or originated. limits may beextendedby mutual agreement. The Company itself may file with the chairperson of the union grievance committee and it is necessary to present a grievance by mail, shallforward of the grievanceto ice of Local Said grievance shall be deemed to have entered bythe manager or general manager of the operation. a satisfactory settlement has not been presented on reached within five (5) days of receivingthe grievance, the day on which it is postmarked and it matter shall be deemed discussedat a meeting arranged mutually between union griev- ance and the manager. The union represen- tative and the company labour relations manager or designate may be present at this meeting. If a satisfac- tory settlementis not reachedwithinthree (3) days of the meeting,the grievance may be referredto arbitration as outlined in Where a grievance is referredto arbitrationthe party making the referral will notify the other party in writing within thirty (30) calendar days of it's election of proceedingwith a single arbitrator "arbitrator"or a tripar- tite arbitration board "board". Where election is made for an arbitrator, the party makingthe referral will name one or more persons to have been received act as an arbitrator in it's notice of referral. The other party will respond in writing within five (5) days naming it's choice of arbitrator. Upon failure by the Employer on the day it is date stamped received party receiv- ing notice to name an arbitrator or failure by the appropriate office parties to agree upon an arbitrator within the time limited, either party may request that an arbitrator be appointedby the Minister of Labour for Ontario. Where election is made for a board, the party makingthe referralwill name it's appointeeto such board in the notice of referral. The other party will respond in writing within five (5) days by naming it's appointee. The two appointeesso selected will, within five (5) days of the department appointment of the second of them, appoint a third person who shall chair the board. Upon failure by the notice to name its appointee or agency concerneduponfailure by the two appointeesto agree on within the time limited, either party may request that the Minister of Labour for Ontario appoint one or both persons as required. Similarlyhave noauthority to alter, change or modify any of the Employer terms and condi- tions of this agreement. Any question as to will be determined by the arbitrator or board. The decision of the arbitrator or of the board, shall be deemed final and binding. Each party to have delivered a reply at any level on this agreement will pay the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only fees and expenses of the fact that member of the board selected by it is not in accordance with the form supplied or by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level Minister and will share equally in paying the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative fees and expenses of the Employer authorized chairperson of the board or of the arbitrator. No person may be appointed as an arbitrator who has been involved in an attempt to deal with grievances at negotiate or settle the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or hergrievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize In the value event a dispute arises concerning the application or interpretation of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve the specific provisions of this agreement, the Union may initiate grievances that are presented in accordance with this Article. Accordingly, when an employeethe following manner:
(aA) within The Union shall submit to the time limits prescribed in clause 18.11Employer a written statement concerning the nature of the allegation, gives notice that he or she wishes to take advantage the specific provision of this clause for the purpose of informally resolving a problem without recourse agreement alleged to a formal grievance and facilitating discussions between the employee and their supervisorshave been violated, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice remedy requested. Any dispute which may arise must be submitted to the delegated grievance step authority Employer in writing within forty-five (45) days of his the date that such violation is alleged to have occurred or her intention to take advantage further appeal rights will be lost.
B) Within ten (10) working days of alternative dispute resolution mechanismsthe filing of the written grievance, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriateUnion shall meet for the purposes of determining the nature of the dispute, the Alliance representativeposition of the parties, and suggested remedies. The purpose of the meeting shall be to resolve or settle the dispute.
(cC) No representative of In the event the meeting does not resolve the dispute, the Employer or shall forward to the Bargaining Agent Union within ten (10) working days its position and decision in the matter, which shall seek be binding to both parties if not protested by intimidation, threat or any other means to compel an employee to either participate or not participate the Union in an alternate dispute resolution mechanismadditional ten (10 days).
(dD) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains In the event the Union does not agree with the Employer's final position, it must submit to the application of a provision of Employer its position, notifying at the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the same time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriateFederal Mediation and Conciliation Service that without resolution of the pending dispute the Union will exercise its right to strike within fifteen (15) days. The date the strike is expected to commence will be included in the transmittal letter which shall be sent via certified mail.
E) The Employer and the Union shall meet within fifteen (15) days period under the auspices of the Federal Mediator. If the Union and the Employer cannot settle the dispute, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary Union may exercise its right to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level strike on the date on which set forth in the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered notice to the address shown Federal Mediator, provided if the Union does not strike on that date the grievance form.
18.05 A grievance shall not will be deemed to be invalid by reason only settled on the basis of the fact that it is not in accordance with employer's last written position.
F) The time limits set forth herein may be extended only by specific written agreement between the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herparties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting 11.01 Should any difference (hereinafter call a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a"grievance") within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement arise between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains Employee as to the application interpretation, application, administration or alleged violation of a provision of this Agreement, an xxxxxxx effort to settle such grievance without undue delay shall be made in the collective agreement, following manner. Any Employee covered under this Collective Agreement shall be advised that they have the employee may, at his or her request, be represented by the Alliance at right to Union representation when any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action formal disciplinary warning is to be taken as prescribed in this Articleadded to the Employee's file and when, Saturdaysdischarge, Sundays suspension, or demotion is imposed on that employee.
Step 1 An aggrieved Employee shall first submit the problem for a verbal discussion with the immediate Supervisor concerned. The Supervisor concerned may have the assistance of the Director of Human Resources or designate and designated paid holidays the Employee shall have the assistance of the Xxxxxxx for such verbal discussion. No grievance shall be excludedconsidered where the events giving rise to it occurred or originated (and the Employee became or ought to become aware of such occurrence or origination) more than five (5) working days before lodging of the verbal grievance.
18.03 The time limits stipulated in this Article Step 2 Failing satisfactory resolution of the grievance at Step 1 within five (5) working days, the grievance may be extended by mutual agreement between the Employer reduced to writing and the employee andUnion Grievance Committee may, where appropriatewithin a further ten (10) working days, submit the grievance to Step 2. The written grievance shall contain a concise statement of the facts complained of and the redress sought and it shall be signed by the Employee and the Xxxxxxx. Within a further ten (10) working days, a meeting shall be held with the Union Grievance Committee, the Alliance Grievor, the Xxxxxxx, and the Management Grievance Committee comprised of a Human Resources Services representative, the City Manager or designate, and up to two (2) additional Employer members. The Supervisor of the department concerned may also attend, but is not part of the Management Grievance Committee. The City Manager or designate shall give a decision on behalf of the Committee within five (5) working days of the meeting. In the event that the City Manager or designate is unable to satisfactorily adjust the grievance and after a delay of five (5) working days, resort may be had to arbitration as provided under Article 12 of this Collective Agreement. In the event that a mutually agreed solution is arrived at by both parties at any one of the above steps in the grievance procedure such agreement and the provisions therein shall be forwarded to the Director of Human Resources Services or designate for the necessary adjustment and resolution.
18.04 Where 11.02 Referral to Arbitration If final settlement of the provisions grievance is not reached at Step 2 above, it may be referred to arbitration by either party as provided in Article 12 or in accordance with the Labour Relations Act. If arbitration is not filed by either party within twenty (20) working days of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailthe expiry of the five (5) working day waiting period following Step 2, the grievance shall be deemed abandoned, notwithstanding of the Labour Relations Act.
11.03 Where notification of arbitration has been filed by one of the parties under Article 11.02, but prior to have been presented on the appointment of an Arbitrator, either party may seek the services of a Mediator to assist in resolving the matter to be arbitrated. It is agreed that the processing of the matter to mediation must be with the written agreement of both parties, and both parties must agree to the selection of the Mediator. The parties shall share equally in the expense of the Mediator.
11.04 Within the terms of the Grievance Procedure, a working day on which it is postmarked and it shall be deemed to have been received defined as a day other than Saturday, Sunday or paid Holiday.
11.05 The Employer representation on grievances shall consist of such persons as are appointed by the Employer on the day it from time to time.
11.06 The Union recognizes that each Xxxxxxx is date stamped received permanently employed by the appropriate office Employer and that the Xxxxxxx will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no Xxxxxxx shall leave their work without obtaining the permission of the department or agency concerned. Similarlytheir Supervisor, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance permission shall not be deemed unreasonably withheld. The Employer agrees that when leave for the purpose outlined herein is to be invalid by reason only granted, the Xxxxxxx(s) requesting the leave will be advised within four (4) working hours of the fact that it is time the request was made as to when such leave may be taken. This will not in accordance with restrict supervision from providing such advice earlier than the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes four (4) hours when possible to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herdo so.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage express terms of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,Agreement.
(b) following The time elements in the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his steps can be shortened or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual upon written agreement between the Employer and the employee and, where appropriate, the Alliance representativeparties.
(c) No representative For the purpose of the Employer processing grievances, days shall be defined as working days, excluding Saturdays, Sundays, or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismholiday(s).
(d) When an employee wishes A grievance concerning alleged safety hazards may be processed directly to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision Step Three of the collective agreement, grievance procedure upon the employee mayhaving orally discussed the grievance with the immediate supervisor.
(e) Any grievance which is not appealed within the specified time limits set forth in that step level, shall be considered to be settled on the basis of the decision rendered at his or her request, be represented by the Alliance previous level. The failure of the Employer at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions step level of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed procedure to have been presented on communicate the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown decision on the grievance form.
18.05 A grievance shall not be deemed in writing to be invalid by reason only the Union within the prescribed time limits set forth in that step level of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this require that the grievance be advanced to the employee's immediate supervisor or local officer-in-charge who shall forthwith:next step.
(af) forward Written grievances are required to contain the grievance to following: • Signature of the grievant(s) or a representative of the Employer authorized union. Synopsis of the facts giving rise to deal with grievances at the appropriate level, andalleged violation. • Identified section or subsection of this contract alleged to have been violated. Date of the alleged violation. • It shall specify the relief requested.
(bg) provide A grievance not presented for disposition through the grievance procedure within five (5) working days of the occurrence of the condition giving rise to the grievance, or within five (5) working days of the date it is reasonable to assume that the employee with first became aware of the conditions giving rise to the grievance, shall not hereafter be considered a receipt stating the date on which the grievance was received by him or herunder this Agreement.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize Grievances or disputes which may arise concerning the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage scope of this clause for agreement shall be settled in the purpose following manner. Any of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article timelines provided below may be extended by mutual agreement.
Step 1. The Union Grievance Committee, upon receiving notification of a grievance, shall determine if a grievance exists. If in its opinion no grievance exists, no further action shall be taken.
Step 2. If the Grievance Committee determines that a grievance may exist, a written grievance shall be submitted to the Fire Chief, stating the action that is grieved, the section(s) of the agreement between the Employer violated, and the remedy that is sought. The grievance shall be filed within 15 calendar days of the action being grieved, or when the employee andreasonably should have known of the action, where appropriatewhichever is later. A meeting on the matter shall be arranged with the Chief of the Fire Department for consideration of the grievance. The interested employee may be present if he or she so desires.
Step 3. If within 15 calendar days of the presentation to the Chief, the Alliance representativealleged grievance has not been settled, a petition shall be submitted within 15 calendar days thereafter to the Human Resources Director for consideration.
(a) If within 15 calendar days of the presentation of the petition to the Human Resources Director, the alleged grievance has not been settled, either party shall have 15 calendar days to request in writing that the alleged grievance be submitted to a neutral arbiter, or if requested by a party, a Board of Arbitration.
(b) If the grievance will be considered by a single neutral arbiter, the parties shall initially seek to agree upon a mediator or arbiter. If the parties are unable to agree, the Union may request a list of seven arbiters from Washington or Oregon from the Federal Mediation and Conciliation Service. Each party shall alternately strike from the list until one name remains.
(c) No representative If a Board of Arbitration is requested, the Board of Arbitration shall consist of three persons, one of whom shall be appointed by the City and one by the Union. Such appointments shall be made within 10 calendar days of the Employer or request for arbitration and the Bargaining Agent third member shall seek be appointed within 10 calendar days by intimidationthe two members so appointed and shall be Chairperson. Should the members so appointed by the parties fail to agree on a Chairperson, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismthe said Chairperson shall be appointed by using a list of seven Washington/Oregon arbiters, with the list obtained from the Federal Mediation and Conciliation Service. Each party shall alternately strike from the list until one name remains.
(d) When an employee wishes to take advantage The Board of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to Arbitration shall render its decision based solely on the application interpretation of a provision this agreement. The Board shall render its decision by majority vote which shall be final and binding on both parties. The Board shall finally settle such grievance within 30 calendar days after the completion of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matterarbitration.
18.02 In determining (e) Each party shall bear the time within which any action is to be taken as prescribed in this Articleexpenses of its arbitrator and pay one half (½) the expenses if any, Saturdaysof the Chairperson. Parties will pay their own attorneys’ fees, Sundays unless an arbitrator finds that the City’s wage case was arbitrary and designated paid holidays shall be excludedcapricious.
18.03 (f) The time limits stipulated in this Article may be extended by mutual agreement between Board of Arbitration shall not act on any matter that is within the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office jurisdiction of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formCivil Service Commission.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01
15.01 The parties recognize Employer and the value Union both agree that the settlement of informally resolving problems prior to presenting a formal any complaint or grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within arising out of the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage terms of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions agreement should, so far as possible, be arranged between the employee and their supervisors, it is agreed that the period between the initial discussion Team Member and the final response shall not count as elapsed time for the purpose of grievance time limits; or,Immediate Supervisor.
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement 15.02 A difference between the Employer and the employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains Union as to the meaning and application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot this Agreement shall be complied with considered a policy grievance. Any policy grievance will be processed by the Executive of the Union and it is necessary shall be submitted to present the Employer under Step 2 of the Grievance Procedure.
15.03 Unless a grievance by mailof a Team Member or a policy grievance is presented to the Employer within ten (10) working days of the griever, from the date when the grievance first arose, or in the case of dismissal within ten (10) working days of the griever’s notification to the Union, the grievance is waived and the Team Member or the Union shall not be permitted to present the same to the Employer thereafter.
15.04 Any complaint, disagreement or difference of opinion between the parties hereto concerning interpretation, application, operation, or any alleged violation of the terms of this Agreement shall be deemed to have been presented on considered a grievance and the day on which it procedure of settlement shall be as follows:
Step 1 If the complaint or grievance is postmarked not satisfactorily resolved in discussion between the Team Member and the immediate Supervisor, it shall be deemed to have been received by set out in writing citing the Employer on the day it is date stamped received by the appropriate office alleged violation of the department or agency concernedCollective Agreement including the Article(s) affected. Similarly, the Employer It shall be deemed submitted in this form to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but Immediate Supervisor within the time limit within which the grievor may present his or her grievance at the next higher level shall limits specified in Article 15.03. A decision will be calculated from the date on which the Employer's reply was delivered forwarded to the address shown on Union within ten (10) working days of receiving the grievance.
Step 2 If the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not resolved in accordance with Step 1, within ten (10) days the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure Union shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward submit the grievance to the representative Area Manager or Zone Manager in writing clearly stating the alleged violation of the Employer authorized Collective Agreement including the Article(s) which were allegedly violated. This submission must be made within ten (10) working days of receiving the Step 1 response. The Area Manager or Zone Manager, responsible for the division will make the decision known to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which Union and Shop Xxxxxxx who filed the grievance was received by him within ten (10) working days of receiving the grievance.
Step 3 If the grievance is not satisfactorily resolved in Step 2, within ten (10) days the Union shall submit to the General Manager or her.Senior Zone Manager, a request to hold a meeting between the Union Business Representative, the Shop Xxxxxxx, the griever and the General Manager or Senior Zone Manager, responsible for the division to hear the grievance. A full hearing of the grievance will be held within ten
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 16.01 The parties recognize purpose of this Article is to establish a procedure for the value settlement of informally resolving problems prior grievances. The Board acknowledges the right of the Association to presenting appoint or otherwise select an Association Grievance Committee consisting of two (2) Employee members. The Secretary of the Association shall inform the Board of the names of the individuals on this Committee. The Board shall supply the necessary facilities for grievance meetings.
16.02 The time limits in this Article are mandatory and not simply directory, except as set out in Article 16.
16.03 A working day shall be defined as a formal day other than Saturday, Sunday, a paid holiday or a day falling during school breaks.
16.04 Within the terms of this Agreement, a grievance shall be defined as a difference as to the interpretation, application, administration or using alternative dispute resolution mechanisms alleged violation of this Agreement.
16.05 A grievance to resolve be acceptable under this Agreement, must be in writing, must specify the Article or Articles allegedly violated, must indicate the relief sought and must be signed by the grievor in the case of an individual grievance and the Chair of the Grievance Committee in the case of an Association grievance.
16.06 Complaints and grievances that are presented shall be settled in accordance with this Article. Accordingly, when an employeethe following manner and sequences:
(a) The Employee having a complaint arising out of this Agreement shall first approach his/her Principal/Superintendent.
(b) The complaint must be received within ten (10) working days after the Employee becomes aware or would reasonably be expected to become aware of the circumstances giving rise to the complaint.
(c) The Principal/Superintendent shall meet with the Employee within fifteen (15) working days to discuss the grievance. The Employee is entitled to be accompanied by a representative of the Association Grievance Committee. A representative from the Employee Relations Department may also attend the meeting.
(d) The Supervisor shall reply, verbally, within five (5) working days after receipt of the complaint. Failing satisfaction with the verbal reply of the Supervisor, the complaint may then become a grievance and may be processed to Step Two.
(a) Failing satisfaction with the reply in Step One, then within five (5) working days of receipt of the reply, the grievance may be submitted in writing, by the Association Grievance Committee to the Superintendent of Employee Relations.
(b) The Superintendent of Employee Relations or designate shall meet with the Association Grievance Committee within fifteen (15) working days to discuss the grievance. The Association is entitled to have their outside consultant in attendance at this meeting.
(c) The Superintendent of Employee Relations or designate shall reply in writing within five (5) working days of the grievance meeting. Step Three Voluntary Mediation/Alternative Dispute Resolution Prior to exhausting the formal grievance procedure and formally referring an unresolved grievance, as defined under Article 16.04 above, to arbitration, the parties, by mutual agreement, may refer the disputed matter to Voluntary Mediation/Alternative Dispute Resolution for settlement. The mediator shall be selected jointly by the parties to resolve the dispute. Both parties are entitled to be accompanied by outside representatives. Either party may opt out of the Voluntary Mediation/Alternative Dispute Resolution at any time during the process. Any party withdrawing its participation from Voluntary Mediation/Alternative Dispute Resolution must advise the other party in writing at least five (5) working days prior to the scheduled mediation date.
16.07 The privileges of Committee members to leave their work without loss of pay to attend to Association business is granted on the following conditions:
(a) the time shall be devoted to the prompt handling of grievances.
(b) the Committee members concerned shall obtain permission from their Superintendent, or Principal when appropriate, before leaving work, such permission not to be unreasonably withheld.
(c) no Committee member shall spend an unreasonable time serving grievances.
16.08 Failure to advance a grievance shall mean the grievance has been abandoned. If the Board does not respond to a grievance within the time limits prescribed in clause 18.11expressed, gives notice that he or she wishes the grievor may proceed to take advantage the next step of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the procedure. The time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated reflected in this Article may be extended in writing by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeagreement.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize A grievance may arise only from a concerning the value of informally resolving problems prior to presenting a formal grievance interpretation, application, administration, or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage alleged violation of this clause it being understood that no such grievance shall challenge the discharge of a probationary employee. It the mutual desire of the parties hereto that complaints of employees shall adjusted as quickly as possible, and it is understood that an Employee has no grievance until has first given the the opportunity of adjusting the complaint. Such complaint shall be discussed with the within four (4) days after the circumstances rise to it have occurred and failing settlement within four (4) days it be taken up as a grievance, at Step within four (4) days following advice of the supervisor's decision. day under this article shall exclude Saturday, Sunday, recognized holidays, vacations or days off of the The employee and the xxxxxxx shall, within four (4)days following the advice of the supervisor's decision not to adjust the complaint, submit the grievance in writing signed by the employee directly involved to the employee's supervisor. Such grievance shall set out the article that alleged to have been violated. The supervisor shall reply to the grievance in writing. a satisfactory to the employee concerned is not reached within four (4) days or within any longer that might be agreed upon, then Step may be invoked provided such later action has within two (2) days after the completion of Step Failing a settlement of the under Step the employee may the grievance to the union grievance who may then take the grievance up with the Director or appointee, at a meting arranged for that purpose. The Department Director or appointee shall reply to the grievance in writing. If a satisfactory settlement at this stage of procedure is not reached within four (4) days or such additional as may be mutually agreed upon, then Step may be invoked provided such later action has within two (2) days after Step has been completed. Failing a satisfactory under Step the grievance committee may then refer the grievance to the Director of Human Resources of the employer for the purpose of informally resolving arranging a problem without recourse meeting five (5) days with a view to the grievance. The Director of Human Resources or appointee shall make a mutually convenient arrangement for such a It is understood that either party, if it wishes, may arrange for the attendance of its representatives who met on the grievance at the earlier steps. It is further understood that the Union shall limit their representatives to three (3) employees. The Director of Human Resources or appointee shall reply to the grievance in writing. If final settlement is not reached within five (5) days following the day upon which deliberation commenced, or such additional as may be mutually agreed upon then the grievance may be referred to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count board of arbitration as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement herein provided. Any difference arising directly between the Employer and the employee andUnion involving the interpretation or alleged violation of this must be discussed between the parties at a established for that purpose prior to it becoming a grievance. Failing a satisfactory settlement following the meting, where appropriate, either party may submit the Alliance representative.
(c) No representative issue in writing to be dealt with as a grievance at Step of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the procedure. Such grievance shall be deemed submitted no later than four (4)days following the date of the unless an has been reached between both parties to extend the limits. The parties acknowledge that the set out both the grievance and arbitration procedures must be strictly complied with except by written agreement to extend them and to so comply shall result in the grievance to have been presented abandoned notwithstanding the provision of Section of the Labour Relations Act. Where there is more than one grievance on the day on which it is postmarked and it shall be deemed issue, the parties consolidate the grievance in order to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in grievances processed through the grievance procedure as a grievance. Such grievances shall transmit this at Step A by an Employee, who has probationary period and has seniority standing, that has been discharged or suspended without reasonable cause shall be treated as a grievance to if a written of such lodged with the employee's immediate supervisor Executive Director or local officer-in-charge who shall forthwith:
Appointee within three (a3) forward the grievance to the representative days of the Employer authorized to deal with grievances Such special grievance shall at Step and be settled by the appropriate levelaction in dismissing or suspending the Employee, and
(b) provide or by another which is just and equitable in the employee with a receipt stating opinion of the date on which conferring parties or, if necessary the grievance was received by him or herboard of arbitration.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize (a) In order to provide an orderly procedure for the value settling of informally resolving problems prior grievances, the Employer acknowledges the right of the Union to presenting appoint, or otherwise select, a formal Grievance Committee of three (3) members, whose duties shall be to process any grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,procedure.
(b) following The Employer shall recognize up to seven (7) Shop Stewards appointed or otherwise selected by the presentation of a grievance Union bargaining unit, whose duties shall be to investigate and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention attempt to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativesettle disputes.
(c) No representative The Union shall notify the Employer in writing of the name of each Grievance Committee member and Shop Xxxxxxx before the Employer shall be required to recognize the member or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanismXxxxxxx.
(d) When an employee wishes The Grievance Committee and Shop Stewards selected according to take advantage of a process outlined under 18.01 (a) or 18.01 and (b) above hereof, shall not change so long as they remain employees or until their successors are chosen.
(e) In order that pertains to the application of a provision work of the collective agreementEmployer shall not be unreasonably interrupted, the employee mayShop Xxxxxxx shall not leave work without obtaining permission of the supervisor, at his or her request, which permission shall be represented by the Alliance at any meeting or mediation session held to deal with the mattergiven within an hour.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement (f) Should a dispute arise between the Employer and any employee(s) or the employee andUnion regarding the interpretation, meaning, operation, or application of this Agreement, including any question as to whether a matter is arbitrable, or where appropriatean allegation is made that this Agreement has been violated, or should any other dispute arise, an xxxxxxx effort shall be made to settle the dispute in the following manner:
Step 1: The aggrieved employee(s) shall submit the grievance to the Shop Xxxxxxx. Grievance shall be initiated with all dispatch but at all times within sixty (60) days.
Step 2: If the Union Grievance Committee considers the grievance to be justified, the Alliance representativeemployee(s) concerned, together with the Xxxxxxx, shall first seek to settle the dispute with the appropriate department head, who shall render a decision within five (5) working days.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mailStep 3: Failing agreement being reached in Step 2, the grievance shall be deemed submitted in writing within ten (10) working days of the meeting at Step 2 to have been presented on the day on which it is postmarked supervisor of the appropriate department head and it a decision shall be deemed to have been received rendered within ten (10) days.
Step 4: Failing a satisfactory settlement being reached in Step 3, upon application within ten (10) working days of the decision in Step 3 the Union shall be granted a hearing by a management committee. The Union shall receive the decision of the Employer on within ten (10) days following the day it is date stamped received by hearing.
Step 5: Failing a satisfactory settlement being reached in Step 4, the appropriate office Union may, within twenty (20) working days of the department meeting in Step 4, refer the dispute to arbitration.
(g) Where a dispute involving a question of general application or agency concerned. Similarlyinterpretation occurs, Steps 1 and 2 of this Article may be bypassed.
(h) Replies to written grievances shall be in writing at all stages.
(i) The Employer shall supply the necessary facilities for the grievance meetings.
(j) Where the Employer alleges that the Union is in violation of any provision of the Agreement, the Employer shall be deemed to have delivered may file a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
18.05 A grievance shall not be deemed to be invalid by reason only Secretary-Treasurer of the fact that it is not Union within thirty (30) days. The parties shall, if requested, meet to discuss the matter within ten (10) days. Failing satisfactory settlement being reached, the matter may be referred to arbitration in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or herArticle 19.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 The parties recognize 5.1 A member or members of the value Secretariat, or the Secretariat as a matter of informally resolving problems prior to presenting a formal grievance policy, may grieve any interpretation, application, administration or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.11, gives notice that he or she wishes to take advantage alleged violation of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeagreement.
(c) No representative of the Employer 5.2 An individual, group or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 In determining the time within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance by mail, the policy grievance shall be deemed reduced to writing within fifteen (15) working days following the day that the cause of the grievance became known, or reasonably ought to have been presented on the day on which it is postmarked become known, and it shall be deemed forwarded to have been received by the Employer on the day it is date stamped received by the appropriate office Chairperson of the department or agency concerned. SimilarlyOTF Secretariat Association Negotiation Committee, the Employer shall be deemed to have delivered a reply at any level on Secretary-Treasurer and the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance formPresident.
18.05 A 5.3 The Secretary-Treasurer shall, within five (5) working days of receiving an individual, group or policy grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance hold a meeting with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(agrievor(s) forward the grievance to and the representative of the Employer authorized grievor(s), as the case may be, in order to deal discuss and attempt settlement of the grievance.
5.4 The grievor(s), as the case may be, shall inform the President within five (5) working days of the meeting with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which Secretary- Treasurer if the grievance was received is to proceed.
5.5 The President shall, within ten (10) working days of receiving an individual, group or policy grievance, hold a meeting with the grievor(s) and the representative of the grievor(s), as the case may be, in order to discuss and attempt settlement of the grievance.
5.6 If the grievance is not resolved within ten (10) working days of the meeting held pursuant to Section 5.5, then the Secretariat shall advise the President, within five (5) working days, whether or not it intends to proceed to arbitration. In the case where the grievance is not supported by him the Secretariat, the grievor(s) shall advise the President, within five (5) working days, whether or hernot the grievance will be referred to arbitration.
5.7 Where the grievor(s), as the case may be, wish to refer to arbitration a grievance relating to the interpretation, application, administration or alleged violation of this agreement, including any question as to whether or not a matter is arbitrable, it may, after the grievance procedure established hereunder has been complied with, notify the Executive, through the President, of its desire to submit the grievance to arbitration. The notice shall contain the name of the grievor or the grievor’s nominee, as the case may be, to arbitration. All grievances shall be referred to a single arbitrator unless one of the parties requests an arbitration board to hear the grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE PROCEDURE. 18.01 a. Should a dispute arise between the Employer and any employee(s) or the Union regarding the interpretation, intent or application of this agreement, an xxxxxxx effort will be made to resolve the dispute without any work stoppage.
Step 1: The aggrieved employee should discuss the complaint with that employee’s immediate supervisor, with or without a representative of the Union present and, if this does not resolve the complaint, the employee may appeal to each subsequent level of supervision.
Step 2: Failing satisfactory settlement under Step 1, an employee who wishes to file a grievance must, within 30 calendar days of the date when the employee became aware of
Step 3: The Superintendent of Schools shall have fifteen (15) working days to reply in writing following receipt of the grievance.
Step 4: The parties recognize the value of informally resolving problems prior may mutually agree to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employeenon-binding mediation:
(ai) After receipt of the decision of the Superintendent of Schools, under Step 3 above, within ten (10) days either party may request that a Mediator be appointed to meet with the time limits prescribed parties, investigate and define the issues in clause 18.11, gives notice that he or she wishes to take advantage of this clause for the purpose of informally resolving dispute and facilitate a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or,resolution.
(bii) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his or her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may The Mediator shall be extended appointed by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representativeparties.
(ciii) No representative The purpose of the Employer mediator's involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the Bargaining Agent purpose of trying to achieve a settlement is to be considered privileged. During the proceedings, the parties shall seek by intimidation, threat or any other means fully disclose all materials and information relevant to compel an employee to either participate or not participate the issue(s) in an alternate dispute resolution mechanismdispute.
(div) When an employee wishes to take advantage The expenses of a process outlined under 18.01 the Mediator shall be equally borne by both parties.
(av) or 18.01 The grievance may be resolved by mutual agreement between the parties. Within ten (b10) above that pertains to days of first meeting the application of a provision parties, having considered the issue(s) in dispute and the terms of the collective agreement, the employee Mediator shall issue a report including non-binding recommendations.
Step 5: Failing satisfactory settlement under Step 3 and/or Step 4, the Union may, at his or her requestwithin 10 working days of receiving the reply of the Superintendent of Schools, be represented by and/or the Alliance at any meeting or mediation session held Mediator, request in writing the establishment of an Interpretations Committee to deal with review the mattergrievance.
18.02 In determining Step 6: If the time vote is not unanimous, the complaint shall not be upheld. The grieving party, within which any action 10 working days after the Interpretations Committee has communicated its decision, shall have the right to request the establishment of an Arbitration Board to resolve the dispute as provided in the Labour Relations Code. Note: The parties agree that the grievance procedure is intended to be taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded.
18.03 bring resolution to differences arising from the application of the collective agreement. The time limits stipulated in this Article the grievance procedure may be extended by mutual agreement agreement, in writing, between the Employer and the Union.
b. The union, through its representatives, shall have the right to originate a complaint for an employee and, where appropriateor group of employees and seek redress of such complaint with the Employer in the manner provided in the grievance procedure.
c. The Employer shall have the right to originate its own complaint and seek redress of such complaint with the Union. The Superintendent of Schools will submit a written statement of the particulars of the complaint and proposed redress to the Union executive. The Superintendent of Schools and the Union Executive shall meet together within a period of 10 working days in an attempt to arrive at a satisfactory settlement of such complaint. The Union shall have 10 working days following such meeting within which to provide a written decision to the Superintendent of Schools. Failing satisfactory settlement, the Alliance representativeSuperintendent of Schools may, within 10 working days, request that the Interpretations Committee consider the complaint in accordance with Step 4 of the grievance procedure.
18.04 Where d. Nothing in this clause shall prevent both parties from mutually agreeing, in writing, to extend the provisions of clauses 18.06time limitations contained in the grievance procedure clauses; however, 18.23 or 18.37 cannot the time limits stipulated are mandatory failing mutual agreement to extend them. If the respondent fails to comply with the time limits, the grievance may be complied processed to the next step. If the grievor fails to comply with and it is necessary to present a grievance by mailthe time limits, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance forman end.
18.05 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. Individual Grievances
18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
Appears in 1 contract
Samples: Collective Agreement